ABSTRACT:
The rapid growth of digital technology has changed the way crimes are committed, including the illegal trade of drugs through the dark web. The dark web allows users to remain anonymous by using encrypted networks and cryptocurrencies, making it difficult for law enforcement agencies to identify offenders and trace illegal transactions. In India, this emerging form of cyber-enabled drug trafficking has created serious legal and enforcement challenges. This research examines the issue from a legal perspective by analysing the effectiveness of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, and other relevant laws in addressing dark web drug offences. The study also discusses the practical difficulties faced by investigating agencies, such as collecting digital evidence, tracking cryptocurrency transactions, dealing with cross-border crimes, and ensuring international cooperation. Using a doctrinal research methodology, the paper relies on statutes, judicial decisions, government reports, and academic literature to evaluate the strengths and weaknesses of the existing legal framework. The study finds that although India has laws to punish drug-related offences, they are not fully equipped to deal with the unique challenges of the dark web. It concludes that stronger cyber laws, better digital forensic facilities, specialised training for law enforcement agencies, and improved international cooperation are necessary to effectively combat illegal drug trade through the dark web while protecting the principles of justice, due process, and the rule of law.
INTRODUCTION:
The internet has become an important part of everyday life, but it has also created new ways for criminals to commit offences. One such development is the use of the dark web for the illegal sale and purchase of drugs. The dark web is a hidden part of the internet that cannot be accessed through ordinary search engines. It provides users with a high level of anonymity through encrypted networks and cryptocurrencies, making it difficult for law enforcement agencies to identify offenders.
In recent years, the illegal drug trade through the dark web has become a growing concern across the world, including in India. Drug traffickers use online marketplaces to sell narcotic drugs, while buyers can purchase them without revealing their identities. This creates serious challenges for law enforcement agencies in detecting crimes, collecting digital evidence, tracing cryptocurrency transactions, and dealing with cross-border criminal networks.
India has enacted laws such as the Narcotic Drugs and Psychotropic Substances Act, 1985, the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita, 2023 to address drug-related and cyber offences. However, the rapid growth of technology has exposed certain gaps in the existing legal and enforcement framework. This study examines these legal and practical challenges and suggests measures to strengthen India’s response to dark web drug trafficking while protecting the rule of law and public safety.