This Article is written by Tanishq Kumar of Chaudhary Charan Singh University, an intern under Legal Vidhiya
ABSTRACT
The dark web has revolutionized the nature of cybercrime, providing unparalleled anonymity to criminal activity like drug trade, data stealing, and illegal weapons sales. In India, though the dark web is not banned, the activity facilitated by it is frequently in violation of national law and poses novel challenges for the law enforcement and judiciary. This article critically analyzes the Indian legal framework for dark web transactions, discusses the jurisdictional challenges in prosecuting anonymous cybercrime, and underlines the necessity of legislative and policy reforms. Based on statutory analysis, case law, and comparative analysis, the article identifies loopholes in current laws and provides recommendations for improving India’s ability to trace and prosecute cybercrime originating from the dark web.
KEYWORDS
Dark Web, Cybercrime, Jurisdiction, Information Technology Act, Anonymity, Cryptocurrency, Evidence, Indian Law, Digital Forensics, International Cooperation
INTRODUCTION
The digital revolution ushered in a new age of connectivity and sharing of news, but also created concealed layers of the internet that support anonymous and illegal activities. Dark web, a hidden component of the internet that is reachable only with special software like Tor, is now an international center for anonymous trade and cybercrimes. Its specially designed architecture provides anonymity to the users and encryption, and thus it is the favorite platform for criminals who sell illicit drugs, sell illegal arms, traffic in human beings, practice cyber fraud, and engage in other illegal activities. India’s fast-tracked digitalization has made the country a beneficiary and victim of cutting-edge technologies. The emergence of dark web is a reflection of the spread of internet connectivity and digital technologies in India. Although the dark web itself is not illicit, the activities done on the dark web are generally against Indian laws, posing enormous challenges to law enforcement agencies as well as the judicial system. The anonymity and borderless nature of such crimes make investigations, collection of evidence, and prosecution highly challenging.
THE DARK WEB: AN OVERVIEW
Defining the Dark Web
Dark web is a part of the internet that is intentionally hidden from regular search engines and can be accessed only via anonymity-upholding technologies such as The Onion Router (Tor) and I2P. Unlike surface web, which is indexed and publicly accessible, dark web holds web sites and services that require special software configurations to access. “The dark web is the concealed part internet that is not fluently accessible to all. Unlike surface web or the conventional websites, where huge majority of 90 percent population calculates on it, dark web is utilized by those individuals who desire to keep their individualities concealed.”[1] The design of the dark web keeps the users’ IP addresses and identities concealed, providing a high degree of privacy and anonymity. The feature, while helpful to privacy advocates and whistleblowers, also attracts criminals who wish to evade law enforcement.
Nature of Transactions
Dark web business primarily utilize cryptocurrencies such as Bitcoin, Monero, and Ethereum, which support pseudonymity as well as decentralized control. These cryptocurrencies are commonly used to buy or sell illicit drugs, forged identification, leaked data, cyberattack tools, and unlicensed firearms.. The cryptocurrencies complicate tracking money since exchanges are recorded on blockchains that are open but encrypted, and it requires sophisticated forensic equipment to decrypt them.
Growth and Influence in India
India’s growing internet population has made the nation a target for dark web activities. There have been reports of a rise in dark web-related cybercrimes, including the sale of stolen data, illegal drugs, and hacking services. The National Crime Records Bureau reported a steady increase in complaints regarding cybercrimes, the majority of which have dark web transactional sources.
LEGAL STATUS OF DARK WEB IN INDIA
Legality of Access
It is not criminalized in Indian law to access the dark web. The Government of India does not ban the use of anonymity tools and encrypted networks. But the legality of the activities done on the dark web relies on their nature and intent. “Accessing the dark web is legal in India. The Government of India does not view it as an illegal activity. But this does not mean that an individual can do whatever he/ she desires. Activities such as child pornography, purchasing guns, pistols, rifles, drugs, etc. are illegal.”[2]
Criminalized behavior
Although it is legal to view, illegal use of the dark web is criminal activity in the Indian legal framework. These include sales of drugs, sales of child pornography, cyber frauds, identity thefts, and sales of illegal weapons. The dark web is also a place for ransomware, phishing kits, and other cybercrime tools against individuals and institutions.
INDIAN LEGAL FRAMEWORK FOR REGULATING DARK WEB CRIMES
Information Technology Act, 2000
The Information Technology (IT) Act, 2000[3], is the keystone of Indian cybercrime legislation. It makes provisions for the offenses of unauthorized access, hacking, identity theft, and transmission of obscene material. The most important provisions are Section 43 (Penalty for damage to computer system), Section 66 (Punishment for computer offenses), Section 66C (Punishment for theft of identity), Section 66E (Punishment for violation of privacy), and Section 67 (Punishment for publication or transmission of obscene material in electronic form).
The IT Act provides for the issuing of rules and guidelines relating to investigation of cybercrime and handling of digital evidence by the government. Rulemaking and amendments under the Act have attempted to deal with emerging cyber threats, but enforcement has proven to be difficult considering the anonymity of the dark web.
Indian Penal Code, 1860
The IT Act is supplemented by the Indian Penal Code (IPC)[4], which criminalizes criminal breach of trust, cheating, and forgery, typically carried out through dark web websites. Criminal conspiracy provisions and state offenses can also be applied in cases of cyber terrorism or threats to national security.
Other Applicable Laws
The Narcotic Drugs and Psychotropic Substances Act, 1985[5], deals with drug trafficking, and the Arms Act, 1959, deals with illegal sale of arms. The Personal Data Protection Bill will provide for better data security and privacy, which is critical in the context of cybercrime. The Payment and Settlement Systems Act, 2007, and the Prevention of Money Laundering Act, 2002, also assist in controlling cryptocurrency transactions in the context of dark web activities.
Enforcement Agencies
India has set up specialized cybecrime cells in the state police forces, the Central Bureau of Investigation (CBI), and the National Investigation Agency (NIA) to handle cybercrime investigations, including dark web-based cybercrime investigations. The Indian Computer Emergency Response Team (CERT-In) releases advisories and coordinates responses to significant cyber breaches.
JURISDICTIONAL ISSUES IN ANONYMOUS CYBER CRIMES
The Problem of Anonymity
The encryption and anonymizing tools like Tor in the dark web render it extremely difficult to identify culprits. The pseudonymous character of cryptocurrencies adds another layer of complexity, as it makes it challenging to trace finances. It is usually difficult for law enforcement to trace cybercrimes to specific individuals, especially when criminals are under foreign jurisdictions.
Extraterritorial Jurisdiction
“Section 75 of the IT Act also provides that the Act shall apply to an offence committed outside India by any person if the act causing the offence is done by a computer, computer system or computer network in India.”[6] This renders Indian courts competent to prosecute offences committed outside India if Indian computer resources have been used.
Practical Obstacles to Enforceability
Even with provisions like these, asserting jurisdiction in the cyber context is fraught with critical issues. The boundary-less nature of the internet, the difficulty of locating the physical presence of offenders, and the necessity of international cooperation under mutual legal assistance treaties (MLATs) complicate prosecution. It is also an issue to serve legal notices, obtain evidence from foreign servers, and extradite suspects.
International Law and Jurisdiction
Dark web-dependent cybercrimes are often based on players and victims from all over various countries. The lack of harmonized international law and the slow pace of cross-border judicial cooperation ensure that investigation and prosecution are slow. India’s position as a non-signatory to the Budapest Convention on Cybercrime also limits its ability to coordinate with other nations in cybercrime investigations.
LAW ENFORCEMENT AND INVESTIGATIVE CHALLENGES
Evidence Collection
“Dark web evidence must follow strict legal standards to be introduced to courts. In India, it must follow provisions of the Indian Evidence Act, 1872[7], which essentially deals with genuineness, integrity, and continuous chain of possession.”[8] Digital forensic experts must authenticate evidence to be collected and stored under strict guidelines to withstand judicial scrutiny.
Investigative Techniques
Law enforcement authorities use sophisticated digital forensic tools to track cryptocurrency transactions, track network traffic, and de-anonymize users to the greatest extent possible. Privacy coins such as Monero and encryption-based communication networks pose major challenges. Undercover policing, cyber-patrolling, and global coordination are becoming more and more normal tactics.
Case Illustration: Dark Web Narcotics Trafficking
One such high-profile case involved a resident of Delhi who had an international network of drug dealers operating in the dark web through cryptocurrencies. The accused had remained hidden using end-to-end encrypted messaging apps, SIM cards with fictitious numbers, and privacy-based technologies. The investigation needed sophisticated digital forensics and international coordination to successfully prosecute the case.
Admissibility of Computer Evidence
Courts demand authentication and preservation of dark web digital evidence to stringent standards. A break in one link in the chain of custody or improper handling of evidence can make it inadmissible, which can result in acquittals despite criminal suspicion.
GAPS IN THE INDIAN LEGAL FRAMEWORK
Lack of Special Legislation
India does not yet have a law specifically aimed at the dark web issues. The IT Act and IPC talk of cybercrimes in general but do not specifically mention issues like anonymity, encrypted transfers, and cross-border transfers. “Existing cyber law regimes, including India’s Information Technology Act, 2000 and the Budapest Convention[9] on Cybercrime, were essentially written to regulate internet-based activity on the surface and deep web. The legislation addresses unauthorized access, data stealing, and traditional forms of cybercrime that have a tendency to presume some degree of visibility and traceability of online transactions.”[10]
Impulse for Legislative Reform
Legal professionals and practitioners endorse new law that clearly delineates and criminalizes dark web activity, regulates cryptocurrencies and blockchain technologies, establishes specific standards for digital evidence, and enhances international cooperation modalities. The forthcoming Digital India Act is likely to address some of these gaps to a degree, but its success will depend on effective implementation and enforcement.
Comparative Analysis
Other countries such as the United States, United Kingdom, and Australia have enacted specific legislation for dark web crimes and established specialized cybercrime bureaus. Their experience can benefit India in legislation drafting, enforcement, and coordination with global partners.
INTERNATIONAL COOPERATION AND COMPARATIVE PERSPECTIVES
The Budapest Convention
India is not a party to the Budapest Convention on Cybercrime, where there is cross-border cooperation in investigating and prosecuting cybercrime. Accession to a treaty of this nature can help enhance India’s capability to counter transnational dark web crime and rationalize processes for sharing of evidence, extradition, and joint investigation.
Global Best Practices
Sophisticated cybercrime countries have established dedicated cybercrime units, implemented cross-border data sharing models, and brought domestic legislation into line with international norms for improved confrontation of dark web crimes. International institutions such as INTERPOL and Europol have a key role in coordinating the confrontation of cybercrime across the world.
Difficulties in Global Cooperation
Maneuverability is still impeded by judicial lag, imbalance in the data protection law, and technical inadequacy, even with the presence of MLATs and other conventions. India needs to give top priority to capacity-building, diplomatic efforts, and legal convergence to overcome these challenges.
JUDICIAL RESPONSES AND CASE LAW
Indian courts have increasingly recognized the issue of the dark web. Judicial estimates have emphasized the issue of ensuring digital evidence integrity and balancing privacy rights and investigative requirements. Courts have called for legislative clarification and intensified enforcement from parliament to tackle the novel threats of the cyber era.
In State of Maharashtra v. Dr. Praful B. Desai[11], the Supreme Court of India has laid down the admissibility of electronic evidence, subject to it being established to be authentic and reliable. In some other cases, the courts have laid stress upon the police being vigilant about the right to privacy in the process of cyber investigation.
POLICY AND ENFORCEMENT INITIATIVES
Indian government established the Indian Cyber Crime Coordination Centre (I4C) to counter cybercrime, including dark web. I4C has been assigned the task of offering technical support, training, and coordination of law enforcement organizations throughout the nation. There are also specialized units of I4C that have been assigned the task of capacity-building, research, and international coordination.
The newly mooted Digital India Act is meant to bring in tighter legislation against dark web offenses and tighter regulation of cyber space overall. The Act will likely address matters like data protection, digital evidence and cross-border cooperation.
Government agencies, in collaboration with the private sector and academia, have launched information campaigns and training initiatives to familiarize the public and law enforcement officers with the risks of the dark web as well as cyber hygiene habits.
RECOMMENDATIONS AND WAY FORWARD
India must enact all-encompassing dark web offence legislation, including regulation of cryptocurrency and blockchain technologies. India must invest in state-of-the-art digital forensic labs, cyber investigation tools, and police training. India must sign global cybercrime treaties and have bilateral and multilateral data sharing and joint investigation treaties. There must be guidelines for recovery, preservation, and admissibility of digital evidence to enable effective prosecution. There must be countrywide campaigns to sensitize citizens regarding dark web dangers and internet safe practice.
CONCLUSION
The expansion of dark web transactions and anonymous cybercrimes poses a serious challenge to the Indian legal system and the law enforcement machinery. India has made significant strides in evolving its cyber law infrastructure, but the nature of the dark web—encryption, anonymity, and global operations—calls for concerted legislative, policy, and enforcement effort. The domestic laws have to be strengthened, investigation machinery has to be strengthened, and international cooperation has to be enhanced to facilitate tracing and prosecution of anonymous cybercrimes in the contemporary world.
REFERENCES
- Unveiling Shadows: Exploring the Dark Web’s Impact on Indian Law and Society, Manupatra (July 2024), https://articles.manupatra.com/article-details/Unveiling-Shadows-Exploring-the-Dark-Web-s-Impact-on-Indian-Law-and-Society (last visited July 12, 2025).
- Is Using the Dark Web Illegal in India?, iPleaders (Jan. 7, 2018), https://blog.ipleaders.in/is-using-the-dark-web-illegal/ (last visited July 12, 2025).
- Jurisdictional Issues in Cyber Law, Jus Corpus (Mar. 2023), https://www.juscorpus.com/jurisdictional-issues-in-cyber-law/ (last visited July 12, 2025).
- Jurisdictional Issues in Adjudication of Cyber Crimes, Nat’l Judicial Acad. India, https://www.nja.gov.in/articles/CyberCrime-Jurisdiction.pdf (last visited July 12, 2025).
- Dark Web and Law Enforcement: Gaps in the Cyberlaw Framework, Lawful Legal, https://lawfullegal.in/dark-web-and-law-enforcement-gaps-in-the-cyberlaw-framework/ (last visited July 12, 2025).
- Information Technology Act, No. 21 of 2000, Acts of Parliament, 2000 (India), https://www.indiacode.nic.in/handle/123456789/1999 (last visited July 12, 2025).
- Indian Penal Code, No. 45 of 1860, Acts of Parliament, 1860 (India), https://www.indiacode.nic.in/handle/123456789/2263 (last visited July 12, 2025).
- Narcotic Drugs and Psychotropic Substances Act, No. 61 of 1985, Acts of Parliament, 1985 (India), https://www.indiacode.nic.in/handle/123456789/1943 (last visited July 12, 2025).
- Indian Evidence Act, No. 1 of 1872, Acts of Parliament, 1872 (India), https://www.indiacode.nic.in/handle/123456789/2187 (last visited July 12, 2025).
- Convention on Cybercrime, opened for signature Nov. 23, 2001, Europ. T.S. No. 185, https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/185 (last visited July 12, 2025).
- State of Maharashtra v. Dr. Praful B. Desai, AIR 2003 SC 2053; (2003) 4 S.C.C. 601 (India).
[1] Unveiling Shadows: Exploring the Dark Web’s Impact on Indian Law and Society, Manupatra (July 2024), https://articles.manupatra.com/article-details/Unveiling-Shadows-Exploring-the-Dark-Web-s-Impact-on-Indian-Law-and-Society (last visited July 12, 2025).
[2] Is Using the Dark Web Illegal in India?, iPleaders (Jan. 7, 2018), https://blog.ipleaders.in/is-using-the-dark-web-illegal/ (last visited July 12, 2025).
[3] Information Technology Act, No. 21 of 2000, Acts of Parliament, 2000 (India), https://www.indiacode.nic.in/handle/123456789/1999 (last visited July 12, 2025).
[4] Indian Penal Code, No. 45 of 1860, Acts of Parliament, 1860 (India), https://www.indiacode.nic.in/handle/123456789/2263 (last visited July 12, 2025).
[5] Narcotic Drugs and Psychotropic Substances Act, No. 61 of 1985, Acts of Parliament, 1985 (India), https://www.indiacode.nic.in/handle/123456789/1943 (last visited July 12, 2025).
[6] Jurisdictional Issues in Cyber Law, Jus Corpus (Mar. 2023), https://www.juscorpus.com/jurisdictional-issues-in-cyber-law/ (last visited July 12, 2025).
[7] Indian Evidence Act, No. 1 of 1872, Acts of Parliament, 1872 (India), https://www.indiacode.nic.in/handle/123456789/2187 (last visited July 12, 2025).
[8] Jurisdictional Issues in Adjudication of Cyber Crimes, Nat’l Judicial Acad. India, https://www.nja.gov.in/articles/CyberCrime-Jurisdiction.pdf (last visited July 12, 2025).
[9] Convention on Cybercrime, opened for signature Nov. 23, 2001, Europ. T.S. No. 185, https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/185 (last visited July 12, 2025).
[10] Dark Web and Law Enforcement: Gaps in the Cyberlaw Framework, Lawful Legal, https://lawfullegal.in/dark-web-and-law-enforcement-gaps-in-the-cyberlaw-framework/ (last visited July 12, 2025).
[11] State of Maharashtra v. Dr. Praful B. Desai, AIR 2003 SC 2053; (2003) 4 S.C.C. 601 (India).
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