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

Shubha Ojha ()
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Shubha Ojha: National Law University Jodhpur, India

Proceedings of the 17th International RAIS Conference, June 1-2, 2020 from Research Association for Interdisciplinary Studies

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.

Keywords: dark web crime; Silk Road; cyberspace; extra-territorial jurisdiction; Budapest Convention (search for similar items in EconPapers)
Pages: 6 pages
Date: 2020-06
New Economics Papers: this item is included in nep-law and nep-pay
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Published in Proceedings of the 17th International RAIS Conference on Social Sciences and Humanities, June 1-2, 2020, pages 131-136

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