Can the Police Track VPN Usage in India? [Must Know!]
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The Indian government applies harsh censorship to the internet, forcing ISPs to block certain social media apps, pornography, copyrighted file sharing, and political content.
If you live in India or will be traveling to the country, a VPN is a solution to get around restrictions.
Is VPN legal in India?
Yes, using a VPN is legal in India. However, unlike most countries, VPN providers and ISPs in India have to collect user data. This is part of the Information Technology Act.
Does this mean the police or other authorities can track your VPN usage? Not exactly โ hereโs what you need to know.
Can the police track VPN usage in India?
No, the police in India donโt have the technology to track your live internet activity. That is, if your VPN is able to encrypt it properly. If thatโs the case, theyโd need to crack the encryption, which even militaries and intelligence agencies canโt do.
On the other hand, India requires all internet services, which include VPN providers, to collect data and make logs on its users.
As part of an investigation, the police can order your VPN provider and ISP to hand over this data. However, itโs rare to get to this stage unless youโre accessing or creating highly illegal content.
For example, a user who doesnโt have a public presence and doesnโt commit crimes is not going to be on the police radar for using a VPN to access TikTok.
Furthermore, if you use a VPN provider located outside of India with a strict no-logs policy, thereโs no data to be shared!
What is the punishment for using a VPN in India?
Thereโs no punishment for using a VPN in India unless you use it to carry out other illicit activity. Even accessing banned apps or sites is not itself a crime.
For the most part, the law targets the creators and sharers of illegal content, as well as internet providers that donโt actively block it.
At one time, social media posts that were deemed grossly offensive, criminal harassment, or misleading, did carry up to 3 years in prison. However, the Supreme Court reversed this in 2015, following a series of arrests.
In 2023, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules were in the headlines again. This time, due to a proposed increase in censorship.
Yet this still only affects large tech firms and publishers, not individuals using VPNs to access content.
Can you get caught for using a VPN in India?
Itโs technically possible to discover if someone is using a VPN. But this is not a priority to the police unless itโs relevant to a crime or the concealment of one.
Letโs say, youโre under suspicion of criminal activity online. In this case, the authorities can order an Indian VPN provider to hand over logs that reveal your billing data and real IP address.
But if you purchased a VPN service based in another country with a no-logs policy, there isnโt much Indian police can do.
Similarly, they can order your ISP to hand over data too. Since it wonโt actually contain your browsing history (if the VPN worked), this itself is a sign that youโve been using a VPN. Otherwise, the ISP would be able to provide more information.
Essentially, the ISP will know when you’ve been online, how long the session was, and other similar data. However, they wonโt be able to identify the pages youโve visited and any other sources of traffic.
They may also have the IP address of the VPN server, which they could trace back to the provider.
However, itโs important to understand that using a VPN is not a crime. And police donโt investigate people for using one.
Itโs also worth noting that while a VPN can hide your real-time internet activity, as well as the contents of traffic from your ISP, there are other ways to identify someoneโs online activity.
For example, if somebody logged into a social media account at X time of day with a nickname and posted something illegal, police still might be able to discover that the post is tied to a VPN server IP address.
If your ISP logs you online using that IP address at the same time, a case against you starts to form.
Wrap up
So, can the police track VPN usage in India? No, not directly because encryption conceals your activity. And itโs also not a crime to use a VPN.
However, if youโre suspected of a crime, there are ways to compel Indian VPN providers and ISPs to hand over any data they have, which could help build a case along with other evidence.
If you simply use a VPN to access banned apps and sites and arenโt a creator or sharer of banned content, youโre very unlikely to fall onto the policeโs radar.
Because of data collection laws, you should never use a VPN service that is based and registered in India.