Dark Patterns in E-Commerce: India’s Regulatory Response and Its Limitations

The rapid expansion of e-commerce has transformed consumer transactions while simultaneously enabling the widespread use of deceptive interface designs known as dark patterns. These practices manipulate consumer behaviour through psychological and cognitive biases, undermining informed consent and distorting purchasing decisions without overt deception. This article critically examines India's regulatory response to dark patterns through the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Central Consumer Protection Authority's Guidelines for Prevention and Regulation of Dark Patterns, 2023. It analyses the strengths and shortcomings of the existing legal framework, arguing that despite identifying prohibited practices, the current regime suffers from weak enforcement mechanisms, non-binding guidelines, limited institutional capacity, inadequate penalties, and low consumer awareness. The article further compares India's approach with the European Union and the United States, highlighting the advantages of proactive regulatory oversight, stronger enforcement powers, and higher deterrent penalties in those jurisdictions. It concludes that meaningful consumer protection requires not only statutory recognition of dark patterns but also specialised enforcement units, periodic platform audits, binding regulatory standards, proportionate penalties, and greater public awareness. Unless these structural reforms are implemented, India's regulatory framework is unlikely to keep pace with evolving digital marketplace practices or effectively safeguard consumer autonomy in the online environment.