JURISDICTIONAL CHALLENGES IN REGULATING CROSS-BORDER OFFENCES FACILITATED THROUGH DARK-WEB MARKETPLACES; A LEGAL ANALYSIS

Author

Thanu Varshini Naaharajan

Abstract

 Cybercrimes no longer need to be confined to a geographical location as digital infrastructure is spreading around the entire globe. The dark web has become an enormous threat, as criminals are able to do business underground and out of the way of local law enforcement officials. They use multiple layers of encryption and transfer monetary funds and data almost untraceably. The pursuit and prosecution of these criminals and their legal liability have turned into a real nightmare for police and crime authorities everywhere.

Much is known about the technology of anonymous networks, such as Tor and how it works, but most scholarship presentations gloss over the actual legal trouble: jurisdiction. How does a crime that goes on to impact one, two, three or four countries become a reality? You have criminals in one country, victims in another, servers somewhere else, different clouds and data storage in yet another. The selection of a country to prosecute, is more a question of a puzzle, than the reading of a statute book.

This study uncovers that muckraking. It highlights the lacunae in India's laws, in particular Section 75 of the Information Technology Act, 2000, and international legal treaties, in a world in which offences seamlessly cross borders. The study deconstructs the case law, statutes and treaties to identify groundbreaking shortcomings in the existing system. It ends with few clear recommendations about legal changes to enable law enforcement to do its job without trampled-on foreign sovereignty.

Keywords

Jurisdictional challenges, Cross-border offences, Dark-web marketplaces, Territorial sovereignty, • Extraterritorial jurisdiction

Full Text:

Download Paper PDF

References

[1] Shillito, M. R. (2019). Untangling the 'Dark Web': An emerging technological challenge for the criminal law. Information & Communications Technology Law, 28(2), 186-207. doi.org. https://livrepository.liverpool.ac.uk/3041661/

[2] Ghappour, A. (2017). Searching places unknown: Law enforcement jurisdiction on the dark web. Stanford Law Review, 69, 1075-1136. ssrn.com https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2742706

[3] Arnell, P., & Faturoti, B. (2023). The prosecution of cybercrime: Why transnational and extraterritorial jurisdiction should be resisted. Informa UK Limited. worktribe.com https://rgu-repository.worktribe.com/output/1632111/the-prosecution-of-cybercrime-why-transnational-and-extraterritorial-jurisdiction-should-be-resisted

[4] de Hert, P., Parlar, C., & Sajfert, J. (2018). The Cybercrime Convention Committee's 2017 guidance note on production orders: Unilateralist transborder access to electronic evidence promoted via soft law. Computer Law & Security Review, 34(2), 323-336. doi.org https://research.tilburguniversity.edu/en/publications/the-cybercrime-convention-committees-2017-guidance-note-on-produc/

[5] Patra, S. (2025, March 19). Bharatiya Nyaya Sanhita, 2023 updates, comments, comparison with Indian Penal Code, 1860 part-1. Patra's Law Chambers. patraslawchambers.com https://patraslawchambers.com/?p=676

[6] Vidhi Judicial Academy. (2023). Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023. vidhijudicial.com https://vidhijudicial.com/section-113-of-the-bharatiya-nagarik-suraksha-sanhita,-2023.html

[7] European Union Agency for Law Enforcement Training. (2018). Darknet online module: Executive summary [Executive summary]. europa.eu https://www.cepol.europa.eu/sites/default/files/Executive Summary Darknet.pdf

[8] Journalism. University. (2026, February 10). The extra-territorial reach of India's IT Act: Jurisdiction in cyberspace. https://journalism.university/contemporary-scenario-of-digital-media/extra-territorial-reach-india-it-act/ https://journalism.university/contemporary-scenario-of-digital-media/extra-territorial-reach-india-it-act

[9] Kumar, A. (2017, March 3). Jurisdictional challenges while doing online transactions. iPleaders. https://blog.ipleaders.in/jurisdictional-challenges-while-doing-online-transactions/ https://blog.ipleaders.in/?p=21605

[10] bjo163. (2026, September). [AUTO-RESEARCH] LAW UN Convention against Cybercrime treaty-status applicability (Issue #127). GitHub. github.com https://github.com/bjo163/rocksoul-aws/issues/127

[11] Lawx.in. (2023). Section 63 of Bhartiya Sakshya Adhiniyam 2023. lawx.in https://lawx.in/acts/section/116/1033/8958

[12] Swire, P., Kennedy-Mayo, D., & Jayakumar, A. (2023, April 10). India's access to criminal evidence in the US: A proposed framework for an executive agreement (Issue Brief No. 631). Observer Research Foundation. orfonline.org https://www.orfonline.org/research/indias-access-to-criminal-evidence-in-the-us

[13] India's News.Net. (2026, October 4). EAM Jaishankar signs UN Convention against Cybercrime on UNGA sidelines. indiasnews.net http://www.indiasnews.net/news/279332450/eam-jaishankar-signs-un-convention-against-cybercrime-on-unga-sidelines

Share your valuable work from Social Media Buttons