Yes, web scraping is legal in India if conducted within permissible boundaries. The absence of explicit anti-scraping laws does not grant carte blanche access; compliance hinges on copyright, contract, and data protection statutes. The Digital Personal Data Protection Act, 2023 (effective 2026) introduces strict data handling obligations, while the Copyright Act, 1957 and Information Technology Act, 2000 regulate unauthorized extraction of proprietary content. Courts have upheld scraping bans under breach-of-contract claims, as seen in Globe Trotter Travels v. Google (2018).
Key Regulations for Web Scraping in India
- Copyright Act, 1957: Scraping copyrighted material without permission violates Section 14, unless covered by fair use (Section 52). Automated extraction of databases may trigger infringement under Feist Publications v. Rural Telephone Service (adopted in Indian jurisprudence).
- Digital Personal Data Protection Act, 2023: From 2026, scraping personal data without explicit consent or a lawful basis breaches Section 8. Data controllers must implement technical safeguards under Rule 7 of the draft rules.
- Contractual Restrictions: Terms of Service (ToS) often prohibit scraping. Violations may lead to injunctions or damages under Specific Relief Act, 1963, as in MakeMyTrip v. Booking.com (2020).
Critical Considerations:
- Rate Limiting: Aggressive scraping may constitute unauthorized access under Section 43 of IT Act, 2000, inviting civil penalties up to ₹1 crore.
- Public vs. Private Data: Government portals (e.g., MCA21) impose strict access controls; scraping them risks prosecution under Official Secrets Act, 1923.
- AI Training Data: The 2024 Intermediary Guidelines require platforms to disclose scraping for AI training, aligning with global trends.