Anonymity And Illegality: The Legal Dilemma Of The Dark Web
- IJLLR Journal
- Jun 21
- 2 min read
Yashveer Sone, Devi Ahilya Vishva Vidhyalaya, School of Law.
ABSTRACT
This paper examines the dark web as a growing cyberspace challenge in India and globally. While the surface web hosts regular internet activity, the dark web is a hidden part of the internet that facilitates illegal trade, anonymity- based crimes, and underground economies. This paper delves into case studies, evaluates the legality of dark web usage in India, discusses limitations in cyber law, and explores how authorities utilize the dark web for surveillance and enforcement.
1. Introduction
The internet comprises multiple layers, of which the surface web is the most commonly accessed portion. However, beneath the surface lies a more secretive section of the internet known as the dark web. The dark web, accessible only through specialized software like the Tor browser, offers anonymity and is infamous for harboring illicit marketplaces. It is an unregulated ecosystem where illegal goods and services such as drugs, weapons, counterfeit documents, child pornography, and even contract killings are readily available. In India, internet usage has grown exponentially over the last decade. While this growth has brought economic and social benefits, it has also introduced new challenges, particularly concerning cybersecurity and digital crime. With India accounting for approximately 26% of global dark web traffic, it is evident that Indian involvement—both as perpetrators and victims—is increasing.
This paper explores the dual nature of the dark web: its utilization by criminals and the strategic deployment by law enforcement agencies. It examines major legal cases, critiques the current legal framework, and offers policy recommendations for India.
2. Research Methodology
This paper uses a doctrinal legal research methodology by collecting and analyzing statutory provisions, legal cases, and secondary sources. The analysis includes comparative law perspectives and interdisciplinary insights from cybersecurity literature. It involves qualitative review of judicial decisions, legal frameworks, academic research, government reports, and data from cybersecurity agencies.
The research also involves a case study method to investigate landmark incidents involving the dark web. These include the Banmeet Singh case in India, the Peter Scully child exploitation case in the Philippines, and the attempted contract killing by Dr. James Wan in the U.S.
