The police have lodged an FIR against the senior officials of WhatsApp for allegedly refusing to cooperate in the investigation of a Rs 4 crore financial fraud case targeting a company in Sector 32 Gurugram on Saturday, 28, 2024. The FIR was lodged at Cyber Police Station East under sections 223A, 241, and 249C of the BNS, along with section 69 of the Information Technology Act. The case brings under the scanner digital platforms’ accountability in helping law enforcement agencies with sensitive cyber investigations.

WhatsApp Charges Of Withholding Critical Information

The investigation began with a complaint filed by The Commodity Hub, a city-based firm in May, stating that an amount of Rs 4 crore was transferred from their company account to four other entities without authorization. Cyber police lodged a case under sections 420, 120B, and 204 of the IPC and Section 66 of the IT Act. Even after issuing several notices, WhatsApp did not provide details of the four phone numbers in the case which include the IP addresses and time stamps, important for the probe.

Repeated Request Ignored By WhatsApp

Cyber Crime Officer Priyanshu Dewan while lamenting said, “We issued multiple notices and follow-ups, but WhatsApp rejected our lawful requests, which was a hindrance in the investigation.” The police had taken permission from the state home department and served formal notices to WhatsApp from July 17 and subsequent requests until August 23. Acc to reports, WhatsApp had allegedly refused to comply with the legitimate demands.

FIR Filed Against WhatsApp For Obstruction

As a response, The police claimed that WhatsApp’s refusal to share the requested data is helping the accused and blocking the investigation. According to Inspector Ramesh, the non-compliance by the platform has significantly affected the progress of the case. The case law presently is in the process of dealing with proceedings against WhatsApp, and this case is likely to be of significant precedent in the context of digital platforms dealing with data requests in cybercrime investigations.

Responsibility Of Online Websites In Question

SSP Cyber Crime Siddhant Jain observed that the international head office of WhatsApp refusing to cooperate resulted in a huge legal concern about their liability in providing help to law enforcement agencies. This case might impact future policies on the role that digital platforms have in supporting cybercrime investigations through India.