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WhatsApp officials face legal action in Gurugram for non-cooperation in police investigation

Officials from WhatsApp are the subject of a case brought by the Gurugram Police for their failure to assist with an ongoing investigation. In accordance with the Information Technology Act and Bharatiya Nyaya Sanhita (BNS), a formal complaint was filed.

Reported by:  PTC News Desk  Edited by:  Annesha Barua -- September 29th 2024 01:37 PM
WhatsApp officials face legal action in Gurugram for non-cooperation in police investigation

WhatsApp officials face legal action in Gurugram for non-cooperation in police investigation

PTC News Desk: The Gurugram Police have filed a legal case against the directors and nodal officers of WhatsApp, following the app's refusal to provide crucial information tied to an ongoing investigation. The case highlights concerns over the lack of cooperation from the messaging platform, which has allegedly obstructed the investigation process.

According to police sources, the investigation initially prompted a formal notice to WhatsApp on July 17, 2024. This notice, sent via email, requested specific information concerning certain mobile numbers involved in the probe. However, WhatsApp's response raised legal objections, which authorities have deemed inappropriate and obstructive.


Unsatisfied with WhatsApp's initial reaction, the Gurugram Police escalated the matter by sending a second, more detailed notice on July 25, 2024. This request reiterated the need for information about the same mobile numbers. Despite the urgency of the matter, WhatsApp failed to provide the required information by the deadline of August 28, 2024.

The police continued to follow up on their request, but WhatsApp maintained its stance of non-compliance, refusing to share the requested data. Law enforcement officials believe that the company's unwillingness to cooperate is directly benefiting the accused individuals in the case, further complicating the investigation.

As a result of WhatsApp’s continued refusal to comply, the Gurugram Police have taken legal action. On Saturday, a formal case was registered against WhatsApp's directors and nodal officers at the Cyber Crime East police station in Gurugram. The case has been filed under several sections of the Bharatiya Nyaya Sanhita (BNS), including Sections 223(A), 241, and 249(C), as well as relevant provisions of the Information Technology Act.

The sections invoked pertain to obstructing an investigation, failure to comply with legal obligations, and violating data-sharing laws under the purview of cybercrime investigations.

In a formal statement, the Gurugram Police emphasized WhatsApp's legal obligation to provide the requested information. “Despite being legally bound to provide the desired information under the existing laws of the country, WhatsApp management has violated the legal instructions by not providing the information sought," the statement read. Authorities argue that the company's actions are in clear violation of India’s cyber and data laws, further undermining the law enforcement process.

The case highlights ongoing tensions between law enforcement agencies and tech companies over data privacy and compliance with legal requests in criminal investigations. As the investigation progresses, more clarity is expected on how this legal battle will unfold and whether WhatsApp will eventually provide the necessary information.

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- With inputs from agencies

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