Abstract
The history of deep and dark web started way back from the 1960s, it is an invention used by the military, when they were dealing with the Cold War. This technology made it possible to transfer information across vast distances, eliminating the need for direct phone links between computers, while maintaining user anonymity. deep web, commonly known as the “dark web,” which is the part of the internet which is not accessible by traditional web search engines. It is World Wide Web (WWW) content and not part of the surface Web. It cannot be easy to access by normal search engines. But can be easily accessible through websites like The Onion Ring (TOR) and 12P, which are usually run by public agencies. Deep web carry both lawful and unlawful activities. It helps criminals to advertise their illegal operations, such as drug trafficking, and trade of pistols, guns etc. through encryption. Due to its high degree of anonymity and inability to track the IP address of a person make easy such illegal operations. Its legality depends upon user that how and for what purpose they use. There are laws in India dealing with dark web and deep net indirectly like IT Act, IPC etc. There are agencies and bodies like C&IS, CBI, CCIC, NCSC constituted under the statutes. These agencies work in collaboration and address the challenges posed by illegal activities on the dark web. Applying, law, legal enforcement, and technological help in safeguarding India’s cyberspace and combat illicit online activities.
Key words: Dark web, ARPANET, TOR, Cybercrime, Data heaven, C&IS, CBI, CCIC, NCSC
Introduction
The internet is vital for our everyday tasks, but it also brings challenges. Accessing the internet can lead to various cybercrimes, such as data breaches and hacking. These online crimes, known as cybercrimes, allow criminals to exploit tools and services provided by others in the cyber realm to launch attacks. The low cost of access has attracted more participants, resulting in a surge of illegal activities, including drug trafficking, human exploitation, terrorism, and others. To combat these rising threats, robust legal measures and improved regulations from authorities are essential. Through standard web browsers the deep web is not reachable and specifically designed to protect user anonymity, often utilizing encryption to secure identities and activities. Many utilize the dark web for privacy, but it can also be abused for illicit purposes. It is notable aspect that the dark web is the Tor network, accessible only via the Tor Browser, which conceals user identities by passing data through multiple encryption layers. The legal framework regarding the dark web remains ambiguous and is constantly evolving with technological advancements, presenting challenges for law enforcement and governments. Given its novel legal implications on intellectual property rights, privacy rights, and cryptocurrencies, cultivating a foundational understanding of the dark web and the issues it poses is crucial for law. This paper aims to explore the legal landscape surrounding the dark web.
Literature Review
- Tabassum Choudhary (2019) in his research ‘EMERGING TRENDS AND CHALLENGES IN CYBER SECURITY’ concluded that the dark web has become a sanctuary for cybercriminals and their activities. It hosts a vast array of illegal markets dealing in cyber exploit kits, counterfeit documents, stolen credit cards, bank credentials, human trafficking, illegal drugs, and more. The dark web contains thousands of forums operating in a strictly regulated environment, utilizing cryptocurrencies to ensure transaction anonymity.[1]
- Purbita Mazumdar (2022) in his research ‘Is the Dark web Illegal in India: A Comprehensive Study’ It reflects a nuanced understanding of how Indian law treats online activities involving anonymous or encrypted networks like the dark web. It concluded that while using the dark web is legal in India, engaging in illegal activities through it is strictly prohibited.[2]
Research Methodology
This research paper is doctrinal research. This paper is emphasising upon the concept of dark web and its legality in India and its legal status in India. It is comprehensive study based on data collected from Primary Sources like Statute, Case Laws and also from Secondary Sources like Websites and Blogs etc.
Internet And World Wide Web
The terms ‘internet’ and ‘World Wide Web’ are often used interchangeably, but they refer to distinct entities. The internet is a global network of interconnected networks that connects computers worldwide using IP addresses. The World Wide Web, invented by Tim Berners-Lee in 1989, is a collection of information accessible through the internet using Hypertext Transfer Protocol. The internet can be viewed as a broader concept, with the World Wide Web as a subset.
Surface Web and Dark Web
The surface web comprises the portion of the internet which accessed daily, readily available via standard search engines without requiring any special tools. Also known as the Visible Web, Indexed Web, or Lightnet, as of April 2020, search engines have indexed about 5.53 billion pages, representing merely 4% of the entire web.[3] It is considered the most familiar part of the web which includes various main search engines such as Bing, Mozilla Firefox, Google, Yahoo etc., which make it easy to find information online.
Beneath this the deep web lies, which contains unindexed content, including private databases and internal networks. Commonly referred to as the dark web, this section of the internet is unreachable by conventional web search engines and is significantly larger than the visible web. dark web sites cater to users who prioritize anonymity, offering protections against unauthorized access while typically employing encryption to shield them from surveillance. Expert opinions indicate that accessing the dark web requires specialized software or alterations within overlay networks utilizing the internet. This can be done through platforms like TOR and 12P, typically managed by public agencies. While the dark web can enable secure communication, it is also notorious for facilitating illicit markets and criminal endeavours due to its untraceable nature. Criminals leverage the dark web to promote illegal activities, including drug trafficking and arms trading because of the high anonymity levels and the challenges in tracking a user’s IP address.[4]
History of Dark Web[5]
The deep and dark web’s history can be traced back to the 1960s, with the establishment of ARPANET, an experimental computer network designed to share information over long distances without the need for direct phone connections between computers. Initially used by the military during the Cold War, ARPANET aimed to create a decentralized communication system to prevent enemies from disabling networks by targeting their core. Although ARPANET became more privatized over the years, it allowed researchers, mainly in universities, to explore radical experiments. The first illegal transaction via ARPANET occurred in the early 1970s, when Stanford students used their university accounts to conduct a commercial transaction involving marijuana. During the 1980s, a major concern arose regarding data storage solutions, leading to the idea of “data heavens,” which proposed exporting data to countries with lenient laws to evade domestic government control.
In the 1990s, initial developments for Tor, a private internet browsing network that would ultimately become a primary link to the dark web, began. In 2000, feenet emerged, a free software allowing anonymous file sharing, browsing, and publishing of “freesites,” though it didn’t gain the traction that Tor would. In 2002, Tor was officially released, revolutionizing online browsing by creating an anonymous environment. Although its original intention was benign, it later became synonymous with criminal activities. The launch of Bitcoin in 2009 allowed for anonymous transactions, paving the way for more illicit activities due to the anonymity it provided.
Cybercrime in Dark web
It is a crime which takes place virtually. It is not different from the physical crime, only the medium of committing the crime is different. Some dark web crimes are as follows:
- Drugs, Exotic Animals and Weapons
Silk Road is a platform which serve as anonymous marketplaces for goods ranging from everyday items to drugs and weapons, resembling typical shopping sites with brief product descriptions.
- Stolen Goods and Information
Numerous dedicated sites exist for trading both physical items and proprietary information, including passwords for surface web sites and other secure areas.
The Assassination Market allows individuals to bet on the date of someone’s death, incentivizing assassinations since accurately predicting the date can yield financial rewards.
It serves as a primary directory for the dark web. It promotes services for contract killings, cyberattacks, money laundering and restricted chemicals, along with instructions for making explosives.
Websites reliably sell all types of weapons, which can be delivered directly to buyers, with separate sites for purchasing ammunition.
- Illegal Financial Transactions
Platforms like Banker & Co. and InstaCard enable financial transactions which are untraceable, disguising true transaction origins and offering anonymous banking services.
The dark web provides extensive material related to child pornography, a stark contrast to the regulated surface web.
The dark web serves as a vital tool for terrorist organizations, offering a hidden ecosystem conducive to propaganda, recruitment, funding, and planning, facilitating actions that are difficult to track.
Previously, a site detailed illicit medical experiments on homeless individuals, claiming that they were picked up, experimented on, and subsequently died. This site has been inactive since 2011.
Monitoring of Dark web
Technological advancements have introduced new challenges, as more illegal activities are conducted on the dark web using sophisticated AI capable of identifying potential criminal anomalies.
In India, tackling cybercrime, including dark web-related activities, involves coordination among several agencies. The Cyber and Information Security Division under the Ministry of Home Affairs leads national-level cybercrime prevention efforts and develops strategies to counter cyber threats from the dark web.
Additionally, the National Cyber Crime Reporting Portal created by the Ministry of Home Affairs provides a platform for reporting cybercrimes, including those linked to the dark web. The Central Bureau of Investigation operates a dedicated Cyber Crime Investigation Cell that targets cybercrime, including those occurring on the dark web, collaborating with both national and international law enforcement agencies to mitigate global cyber threats. The National Cyber Security Coordinator, under the Prime Minister’s Office, coordinates cybersecurity initiatives and oversees the implementation of strategies addressing threats from the dark web. These entities collectively address the challenges of criminal activities on the dark web through a combination of legal, law enforcement, and technological measures to protect India’s cyberspace and tackle illicit online behaviour.[6]
Laws dealing with Dark web in India
The laws which regulate the crimes committed through dark web are as follows:
- Cyber-security-related aspects have been dealt with under the IT Act[7]. The act has a separate chapter for cyber-offenses. In the year 2008, an amendment in 2008 granted extraterritorial jurisdiction, allowing any cyber-warrior from hostile countries performing cyberattacks on India to be prosecuted under this act. Chapter IX addresses violations related to cyber warfare; such offenses are:
- Hacking is an offence which means gaining unauthorized access to a computer system by breaching a firewall.
- Virus spreading is an offence which means helping in transferring the computer data to a third party by corrupting the computer system,
- Email spoofing is an offence which means sending deceptive emails with malicious intent containing phishing links.
A child pornography is also a serious crime with potential punishment under Section 67(B) of the IT Act, 2000[8] and Section 14 and 15 of the POCSO Act, 2012[9]. These are the only provisions that cover the crimes of child pornography.
- In addition, Bharatiya Nyaya Sanhita, 2023[10], defines punishments for offenses against minor girls. Section 96 penalizes those found guilty of coercing or inducing any child into sexual activities with sentences of up to ten years and potential fines. Sections 99 and 98 address buying and selling minors for prostitution, integrating with human trafficking laws. The dark web is notably utilized for numerous crimes associated with child pornography, and people who attempt to use the dark web to promote these activities often face severe consequences.
- Whoever indulges in the production, manufacture, possession, sale, purchase, transport, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transshipment of narcotic drugs or psychotropic substances will be liable to punishment under Section 24 of the Narcotics Drugs and Psychotropic Substances Act, 1985[11]. Now, if someone were to engage in external drug dealing on the dark web, that would undoubtedly be unlawful irrespective of the overall legality of the dark web.
Is the use of dark web legal in India?
Article 21 of the Constitution of India guarantees the right to internet access. In the case of Anuradha Bhasin and Anr. V. Union of India and Ors.[12] the Supreme Court ruled that the right to access the internet is a fundamental right, subject to specific restrictions outlined in the constitution. Accessing the dark web from India is entirely legal. Since TOR effectively hides the user’s Internet Protocol addresses and locations, it is completely lawful. The question of legality regarding access in India is subject to debate, as it is impossible to identify the nation from which a user is connecting to the dark web due to the concealment of location.
The dark web provides several advantages. People utilize it for various reasons, such as reading books, gathering information, conducting private discussions, and also for official criminal investigations by activists, journalists, and governmental agencies. It is merely another segment of the internet accessed via services like Freenet and TOR. However, certain precautions should be taken while exploring this part of the web. If somebody decide to venture into the dark web, exercise caution, as a single mistake could jeopardize your safety. Many illicit activities occur here, and there’s a clear line distinguishing what is legal from what is illegal in this space.
While the dark web itself is not illegal, but it will be against the law when somebody facilitates the sale of banned items such as drugs, firearms or weapons. When navigating the dark web, users must remain vigilant about the thin boundary separating “legal” from “illegal” activities. A person is only violating the law in India if they engage in prohibited activities while on the dark web.
Case Laws
Justice K.S. Puttaswamy (Retd.) v. Union of India.
In this case it was said that to make this right meaningful, it is the duty of the state to put in place a data protection framework which, while protecting citizens from dangers to informational privacy originating from state and non-state actors, serves the common good.
A.R. Palepu v. Nair, 2020[13]
In this case it was find by Reserve Bank of India (RBI) that details of more than 1.3 million cards issued by Indian banks were put on a website called Joker Stash, a notorious marketplace for cybercriminals to buy and sell card details, on the dark web. RBI advised banks to verify the leaked details, disable existing cards and issue replacements.
Suggestion
When using the dark web, a user’s IP address and location remain untraceable. As TOR anonymizes the user’s information, accessing the dark web is not unlawful in India. Both whistleblowers and privacy advocates might use it, alongside those with malicious intentions such as hackers, terrorists, and drug traffickers. Its use varies, with both legitimate and illegitimate applications. The issue of legality in India is not a concern since a user’s location remains hidden, and the user’s intentions ultimately dictate the nature of their activities. Most of these website’s names are not readable. Hence it becomes impossible to tell what’s in them or from where they can lead. It can also be considered as illegal because you might unintentionally visit such sites and get yourself into problems. Therefore, it is advisable to avoid visiting such websites. Engaging in illegal pursuits, such as purchasing weapons, executing hijacking operations, or participating in child pornography, could result in imprisonment. Additionally, some Dark Web websites host graphic images of tortured bodies and living people, which could be distressing and mentally destabilizing for viewers.
Conclusion
The most complex and misunderstood segments of the internet is dark web. It does offer an individual a very high degree of privacy and anonymity, which is of great utility for legitimate causes like whistleblowing, secure communications, and investigative journalism. But at the same time, it allows illegal activity in the form of drug trading, arms running, child exploitation, and cybercrime. It must be understood that in an Indian context, accessing the dark web is not illegal per se. The legality is solely based upon the intent and conduct of the user. If individuals use the dark web for criminal purposes, they can be prosecuted under many Indian legislations such as the Information Technology Act, the POCSO Act, IPC, and the Narcotic Drugs and Psychotropic Substances Act. The boundary between legal and illegal use of this environment is thin and usually indistinct, and hence awareness and proper use are important. After all, dark web itself is not illegal but must be approached sternly when it is being misused, in order to maintain cyber safety and uphold the rule of law.
Kritika Priya, 5th Year
Galgotias University
[1] Choudhary, T. (2019) ‘EMERGING TRENDS AND CHALLENGES IN CYBER SECURITY’, 26 ALJ (2018-19) 267. Available at: http://scc-galgotias.refread.com/DocumentLink/Yr9ULRA0 (accessed: 20th April 2025).
[2] Mazumdar, P. (2022) ‘Is the Dark web Illegal in India: A Comprehensive Study’, 2.4 JCLJ (2022) 1753. Available at: http://scc-galgotias.refread.com/DocumentLink/b2w67nCv (accessed:20th April 2025).
[3] (2020), ‘Surface Web and Dark Web: Exploring Layers of Web, Kratikal Blogs, April 27, 2020.
Available at: https://kratikal.com/blog/surface-web-and-dark-web-exploring-layers-of-web/ (accessed:20th April 2025).
[4] Ibid 2
[5] Kaster, E. (2020) ‘HISTORY OF THE DARK WEB [TIMELINE]’, SOS, July 2, 2020. Available at: https://www.soscanhelp.com/blog/history-of-the-dark-web (accessed:2nd June 2024).
[6] Nitish Kumar, P. ‘Understanding And Combating Criminal Activities On The Dark Web: Initiatives, Operations, And Technological Impacts In The Indian Context’. Available at: https://www.legalserviceindia.com/legal/article-14931-understanding-and-combating-criminal-activities-on-the-dark-web-initiatives-operations-and-technological-impacts-in-the-indian-context.html (legalserviceindia.com) (accessed:20th April 2025).
[7] The Information and Technology Act, 2000
[8] The Information and Technology Act, 2000, s. 67(B)
[9] The Protection of Children from Sexual Offences Act, 2012, s.14, 15
[10] Bharatiya Nyaya Sanhita, 2023, s. 96, 98, 99
[11] the Narcotics Drugs and Psychotropic Substances Act, 1985, s. 24
[12] Anuradha Bhasin and Anr. V. Union of India and Ors.,2022 SCC OnLine SC 1281
[13] India Card Data Theft: Indian Banks Review Leak After Details Of 1.3 Million Cards Surface On Dark Web (accessed:20th April 2025).