New Delhi: The Delhi High Court has directed the implementation of strict e-KYC for domain name registrants offering services in India, holding that weak identity verification mechanisms have directly contributed to the rise in cyber fraud, phishing scams and deceptive online commercial activities affecting consumers nationwide.
The Court, while examining a suit instituted by a leading FMCG company seeking protection of its trademark and brand reputation, noted that fraudsters routinely exploit anonymous domain registrations to impersonate reputed entities, lure unsuspecting citizens and divert funds through fabricated business opportunities.
Judicial Reasoning on e-KYC Mandate
The Bench categorically held that domain name registration cannot remain a blind spot in the digital regulatory ecosystem. It directed that mandatory e-KYC must be completed at the time of domain registration, followed by periodic re-verification to ensure continued accuracy of registrant details.
The Court disapproved of automatic masking of registrant information under privacy protection services unless such privacy is expressly opted for after successful e-KYC verification.
According to the Court, unverified concealment of identity directly undermines cybercrime investigation and enforcement.
Registrars were instructed to verify essential details including name, address, mobile number, email credentials and payment information before activating any domain name.
Directions Issued to Banks and Authorities
In addition to obligations imposed on domain registrars, the High Court issued consequential directions to financial institutions and enforcement bodies:
- Banks were directed to ensure implementation of the Beneficiary Name Lookup mechanism for all digital transactions, including UPI payments
- Domain Name Registrars must disclose verified registrant information within 72 hours when sought by courts or law enforcement agencies
- Non-compliance with e-KYC norms may result in loss of statutory protection under the Information Technology Act, 2000
- Errant or non-compliant domains may be subjected to blocking under statutory powers available with the Government
The Court observed that absence of verifiable digital identity has allowed cyber offenders to operate with impunity, causing substantial financial and reputational damage.
Central Government Asked to Consider Uniform Framework
The High Court also called upon the Central Government to examine the feasibility of introducing a uniform e-KYC framework for all domain name registrars operating in India, on the lines of existing verification standards followed by government-controlled registries.
The Bench emphasised that stakeholder consultations with domain registrars, registry operators and enforcement agencies are necessary to ensure that technological convenience does not override public safety and legal accountability.
The Court concluded that strict e-KYC for domain name registrants is no longer optional but a legal necessity to safeguard digital commerce, protect consumers and strengthen cyber law enforcement in India.
PARTY NAMES AND BENCH DETAILS
- Petitioner: Dabur India Ltd
- Respondents: Domain Name Registrars operating in India
- Court: Delhi High Court
- Bench: Justice Prathiba M. Singh, Single Judge Bench
- Statutes Involved: Information Technology Act, 2000; Government e-KYC norms; RBI regulatory directions
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