FROM TOR TO TRIAL: EVIDENTIARY CHALLENGES IN PROSECUTING DARK WEB CRIMES UNDER INDIAN CRIMINAL LAW

AUTHORS – SANSKRITI SHUKLA* & DR. SHAIWALINI SINGH**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – SANSKRITI SHUKLA & DR. SHAIWALINI SINGH, FROM TOR TO TRIAL: EVIDENTIARY CHALLENGES IN PROSECUTING DARK WEB CRIMES UNDER INDIAN CRIMINAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.973-983, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Dark Web has grown at such a rapid pace that it has created new and unprecedented challenges for modern law enforcement agencies and criminal justice systems around the world. The Dark Web is characterized by its anonymity, encryption, and decentralized architecture and facilitates a wide range of criminal activities, such as drug trafficking, cyber fraud, terrorism financing, human trafficking, and the dissemination of illegal digital content. In the Indian scenario, although the existing cyber laws and criminal legislations attempt to regulate online delinquency, their ability to deal with crimes that originate from anonymized networks such as Tor is limited. Lawyers, investigators, and prosecutors face significant challenges in identifying the culprits, linking digital identities, and making electronic evidence admissible in courts.

This research paper critically analyzes the evidentiary complexities associated with the prosecution of crimes committed on the Dark Web in the context of Indian criminal law. It assesses the ability of the existing legal framework, specifically the Information Technology Act of 2000, the Indian Penal Code of 1860, and the Indian Evidence Act of 1872, to deal with encrypted digital evidence and international cyber crimes. It focuses on the procedural complexities, including the requirements of Section 65B of the Evidence Act, the chain of custody, jurisdictional conflicts, and the limitations of cyber forensic facilities.

In addition, the paper explores the conflict between law enforcement and the protection of constitutional rights, specifically the right to privacy and due process. By referring to judicial pronouncements, international best practices, and the latest technological developments, the paper suggests legal and institutional reforms to enhance the Indian cybercrime prosecution framework. It argues that a harmonious blend of technological development, procedural flexibility, and constitutional protection is required to ensure that the criminal justice system is effective and rights-respecting in countering the Dark Web threat.

Keywords

Dark Web, Tor Network, Indian Criminal Law, Digital Evidence, Cyber Forensics, Indian Evidence Act, Information Technology Act