Surge in Dark Web Crimes, the Indian Legal Scenario and ‘International Cooperation’ as the Way Forward
Surge in Dark Web Crimes, the Indian Legal Scenario and ‘International Cooperation’ as the Way Forward

Author(s): Shubha Ojha
Subject(s): Criminal Law, International Law, ICT Information and Communications Technologies
Published by: Scientia Moralitas Research Institute
Keywords: dark web crime; Silk Road; cyberspace;
Summary/Abstract: In today’s technology-driven world, advancements in the internet domain seem to know no bounds. However, while the internet arena has created multiple avenues of development, it has, at the same time, opened up gates for a flurry of illicit activities. Dark web crime has emerged as one such ominous activity that looms over the virtual world and threatens legal systems all across the globe. What started off as the first major internet debacle brought about by the ‘Silk Road’ episode, has now become a source of serious concern for establishing rule of law in the information society. This article delves into the turbid cloud of dark web crimes thriving in the cyber space and the current legal scenario in India to regulate the surge in such malpractices. What stands as a stumbling block before the law enforcement agencies is the transnational element of dark web crimes. While the Indian Penal Code and other legislations comprise provisions related to both territorial and extra-territorial jurisdiction, the extra-territorial jurisdiction is such that it leaves a lot of ambiguity in terms of applicability of Indian laws to cyber offences that may be committed by foreign nationals overseas but the effects of which are felt in India. The author, through the course of this article, brings to light loopholes in the criminal and cyber laws of India, proposes international cooperation as the need of the hour, and analyses if the Budapest Convention on Cybercrimes provides an efficacious solution in this context.

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