Dark Patterns in India: From Hidden Practices to Regulatory Spotlight

You are scrolling through social media, and an advertisement appears. A branded headphones just for INR 99, you open the link, fill in your details, and while checking out, the price goes up to INR 1,000. The advertisement did not initially disclose additional charges. In another situation, you are searching for an e-book, you found a website offering free access to the e-book; however, to access, you are required to provide your credit card details. After one month of free subscription, you are automatically charged subscription fee without any prior notification. Does that sound familiar?

These practices are commonly referred to as ‘Dark Patterns’ in the e-commerce domain. More often than not, innocent users are nudged to do acts which they would consciously not undertake to do if dark patterns were not at play.

In November 2023, the CCPA, under Section 18 of the Consumer Protection Act, 2019 (“2019 Act”), issued guidelines, namely, the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (“Guidelines of 2023”). Under Section 18 of the 2019 Act, the CCPA is empowered to formulate necessary guidelines to safeguard the interests of consumers.

The Guidelines of 2023 defines dark patterns as, “any practices or deceptive design pattern using interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intend or want to do, by subverting or impairing the consumer autonomy, decision making or choice, amounting to misleading advertisement or unfair trade practice or violation of consumer rights.”

In June 2023, the Advertising Standards Council of India formulated similar guidelines, namely, “Guidelines for Online Deceptive Design Patterns in Advertising,” which identified dark patterns in advertisements. Considering the limited scope and role, these guidelines lack any legal sanction.

However, the Guidelines of 2023 are enforceable, and wrongdoers may be penalised under Section 89 of the 2019 Act, wherein imprisonment may extend to two years, along with a fine that may extend to INR 10 Lakh. For subsequent wrongdoing, imprisonment can extend up to 5 years, along with a fine of up to INR 50 Lakh.

Section 3 of the Guidelines of 2023 outlines its applicability to (i) Platforms, systematically offering goods or services in India; (ii) Advertisers – anyone who makes and publishes advertisements on their own or by any other person to endorse their goods or services; and (iii) Sellers. The Guidelines 2023 also cover foreign platforms operating in India.

Section 4 of the 2023 Guidelines prohibit platforms from engaging and using in dark patterns. Section 5 prohibits the specified dark patterns as identified in Annexure I therein, on a non-exhaustive basis.

The Annexure I of the 2023 Guidelines identifies the following 13 dark patterns:

(i) False Urgency: It implies a spurious sense of urgency to manipulate users into making an immediate purchase. In this category, users are misled by (i) showing false popularity of a product or service; and (ii) stating availability of a limited quantity of products, thereby leading to fear of scarcity.

(ii) Basket sneaking: This refers to automatically adding additional items at checkout without the user’s consent. Due to this, the user is forced to pay an amount higher than the amount payable for the actual product or service. For instance, in a flight booking, travel insurance is automatically added and the user will have to pay for the same. Under the Guidelines 2023, this excludes complimentary services or free products. Furthermore, the Guidelines of 2023 emphasise that additional fees, which are “necessary” such as delivery charges and taxes, should be disclosed to the consumer.

(iii) Confirm shaming: This occurs when a consumer is forced to buy a product or service under a sense of guilt or shame. For instance, when a consumer opts out of travel insurance with flight tickets, the portal shows the phrase “I will stay unsecured."

(iv) Forced action: This means that a consumer is compelled to purchase additional goods or services or provide details other than originally intended. This may include forcing users to share information linked to Aadhaar or sharing credit card details for a free trial.

(v) Subscription trap: This is a common practice wherein a consumer is required to provide payment details to access a free product, while authorising auto debits. However, after opting for such a free subscription, the cancellation process is cumbersome and the user is unable to unsubscribe.

(vi) Interface interference: This refers to manipulative practices wherein a consumer is misdirected from taking desired actions. For instance, playing free online games and encountering sudden advertisement pop-ups. However, when trying to close, it opens another advertisement.

(vii) Bait and switch: This refers to the practice of advertising where a consumer is enticed with offers on a product or service at a lower price. However, when proceeding to buy either product or service, it shows as unavailable/ out of stock. Instead, an alternative, more expensive product is offered.

(viii) Drip pricing: In this case, headphones initially offered for just INR 99, which at checkout at offered at INR 1,000, without any details disclosed earlier. It also includes the practice wherein goods or services are offered for free without divulging the fact that additional/ in-app purchases are required to avail the same. Interestingly, in consonance with Section 79 of the Information Technology Act, 2000, which is the safe harbour clause, intermediaries’ liability on their platforms for the conduct of third parties are exempted.

(ix) Disguised Advertisement: This refers to an advertisement where the content thereof does not disclose the product or service being advertised. For instance, influencers in their content favour or promote brands without disclosing to the public that they are being paid for such promotion. Under the Guidelines of 2023, the responsibility to disclose that any content is an advertisement lies with the seller or advertiser.

(x) Nagging: It means that a consumer is pestered by requests or information to initiate a transaction that is being denied by them. For instance, when playing a game, constant notifications are popping up in the form of interruptions to subscribe to a service or buy a product that the user does not intend to use.  

(xi) Trick Question: The consumer is asked a question that is vague or confusing, to manipulate them into taking an action leading to a specific response that would otherwise be different.

(xii) SaaS billing: It refers to a situation when consumers are forced to make payments on a recurring subscription basis in lieu of receiving services. This includes forced credit card authorisation, free trials converted into paid subscriptions without notification, recurring transactions being debited without the user’s knowledge in a monthly subscription-based model, and users being charged for services they do not use.

(xiii) Rogue Malware: It refers to deceiving a consumer into believing that there is a virus in their system and forcing to install and pay for the fake anti-virus software.

On June 5, 2025, the CCPA notified an Advisory titled “Advisory in terms of Consumer Protection Act, 2019 on Self-Audit by E-Commerce Platforms for detecting the Dark Patterns on their platforms to create a fair, ethical, and consumer-centric digital ecosystem” (“Advisory”).

The Advisory observes that even after the notification of Guidelines of 2023, e-commerce platforms are indulging in dark patterns. Therefore, the e-commerce entities have been directed to conduct self-audits to identify deceptive and unfair trade practices, including dark patterns, within three months from the issuance of the Advisory. The entities are encouraged to provide self-declarations in this regard.

It is pertinent to note that the Advisory does not clarify whether the audit should be conducted by an expert or a technical person; it simply directs a self-audit to identify dark patterns. However, most e-commerce entities are either unaware of the Guidelines of 2023 and the Advisory, or its implementation and compliance with audit requirements.

Post the three-month period, the CCPA may initiate suo moto proceedings to enforce the Guidelines of 2023. Pursuant thereto, if any platform is found in violation of the Guidelines, they may be subjected to the prescribed punishment.

In the world that we live in today, e-commerce has assumed precedence over many conventional modes of business, coupled with consumer accessibility. However, accountability must necessarily operate in tandem with the principle of free trade and commercial freedom.

The recognition and regulation of dark patterns is a much welcomed step towards strengthening consumer protection and introducing safeguards within the e-commerce ecosystem. We acknowledge that a penumbra persists around the implementation of safeguards with respect to dark patterns, and the prevailing regulations and guidelines risk operating as a mere toothless tiger.

Be that as it may, the recent regulatory developments represent an important move in the right direction aiming towards protecting consumers, ensuring fairness, and preserving the freedom of choice. This evolution and the legal implications therefrom, the extent of self-adoption of guidelines by online platforms, the immense potential for self-regulatory measures, and their eventual impact on the e-commerce ecosystem will be interesting to follow.

About the authors: Shalini Sati Prasad is a Partner and Abhay Pratap Singh is an Associate at JSA Advocates & Solicitors.

Disclaimer: The opinions expressed in this article are those of the author(s). The opinions presented do not necessarily reflect the views of Bar & Bench.

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