Are VPNs legal in India? (2024)

Yes. Despite regulations that complicate VPN user privacy, it is legal to use VPNs in India. 

In 2022, India’s Computer Emergency Response Team (CERT-In) issued new cybersecurity rules requiring VPN providers with physical servers in India to keep user logs. Logs are to be kept for at least five years even after someone cancels their service. 

Instead of sharing consumer data with authorities, many VPN providers have withdrawn their servers from India. In fact, ExpressVPN was one of the first to do so. 

This article explores the privacy implications of using an India VPN, whether it’s legal to use a VPN in India, and why services like ExpressVPN still offer Indian service locations.

Jump to…

• Are VPNs banned in India in 2024?
• Is it still safe to use a VPN in India?
• Which VPN is safe for India?
• Are there free VPNs in India?
• Reasons to Use a VPN in India
• Will India ban VPNs?

Are VPNs banned in India in 2024?

As of 2024, VPNs aren’t banned in India. However, the country’s regulatory environment has significantly impacted both VPN providers and users. In 2022, India’s Computer Emergency Response Team (CERT-In) introduced rules requiring all VPN providers with physical servers in India to record and store user information. The following information must be stored for five years or longer after users delete their accounts or cancel their subscriptions:

• Names of customers using the services.
• Duration of service usage.
• IP addresses assigned to users.
• The email address, IP address, and time stamps used at the time of registration.
• The purpose for using the service.
• Validated contact information and addresses.
• Basic information about the customers and key management details.

Internet restrictions in India

The Indian government has increasingly regulated internet use, introducing various laws such as the Information Technology Act. In 2020, amid unrest, the Indian government banned TikTok along with 58 other China-based apps, in addition to blocking objectionable websites and shutting down mobile data across entire regions.

In 2021, the country’s IT Rules further expanded the government’s ability to regulate online content. These rules require social media platforms to comply with takedown requests within tight timelines and enable the tracking of who sent messages. WhatsApp is vehemently fighting the rule, as it would undermine end-to-end encryption, potentially forcing the messaging service to exit India.

How major VPN companies operate India VPN locations

Due to regulation over data retention among VPN users, many VPN providers, including ExpressVPN, have removed their physical servers in India. Despite this, ExpressVPN continues to offer “virtual” India VPN servers physically located in Singapore and the UK, allowing you to access the internet as if you were in India with minimal difference in user experience. Users in India can still use ExpressVPN without their online traffic being logged, stored, or monitored by the government. 

ExpressVPN doesn’t collect or store any data that could identify your online activity, maintaining a strict no-logs policy and using servers designed to prevent logging. 

Is it still safe to use a VPN in India?

Yes, it’s still safe to use a VPN in India, if the VPN does not use servers located in India. 

For instance, if you live in India and want to virtually place yourself in the U.S., using a reputable VPN with a U.S. server location, like ExpressVPN, would still afford you the same privacy and security that all ExpressVPN users enjoy.

If you want to use an Indian server location, you’re still protected, as our India servers are located in other countries. These virtual servers provide Indian IP addresses, allowing you to access the internet as if you were in India without your online traffic being logged, stored, or monitored by the Indian government.

ExpressVPN encrypts your traffic, shields your browsing activity from prying eyes, and grants access to content that’s either censored or blocked in your country.

Which VPN is safe for India?

A VPN safe for India, keeping in mind the current regulations, should:

• Maintain a documented and audited strict no-logs policy so information about your online activity is never stored.
• Have reacted to the government’s data retention requirements by removing Indian servers. 
• Have a strong network of servers located in countries with robust privacy laws. 
• Have a variety of privacy features like robust encryption, a kill switch, and privacy-focused server technology.

ExpressVPN is a prominent example of a VPN that meets all key criteria for security and privacy. In response to India’s data storage mandate, ExpressVPN removed its physical servers from the country, ensuring that no infrastructure falls under Indian jurisdiction. It maintains a strict and audited no-logs policy, which guarantees that it doesn’t store any data about your online activity and therefore would have none to hand over even if requested.

ExpressVPN also offers virtual server locations for India using servers that are physically located outside the country, allowing you to access Indian content without the drawbacks of India-based servers. These virtual servers ensure that your online activities aren’t logged, stored, or monitored by the Indian government, making ExpressVPN the best VPN for India. You can stream Indian TV safely and securely without ISP throttling to slow you down.

If you’d like to connect to a specific location in India, you can use the India dropdown to manually select India (via UK) for a server location for Chennai or India (via Singapore) for a server location for New Delhi.

Are there free VPNs in India?

Yes, there are free VPNs available in India. However, free VPNs aren’t the best alternative from a privacy standpoint. They come with significant drawbacks, especially in the context of India’s data storage regulations.

Reasons why a paid VPN is better than a free VPN:

• Limited server options: Free VPNs often have a limited server network, potentially even forcing you to connect to servers located within India, which wouldn’t offer protection from the data storage mandate.
• Data logging: User data protection can be a lot less certain with free VPNs, given their usual lack of audits. No logs policies may not be properly enforced, and any data collected could be handed over to the government upon request.
• Monetization of your data: Since free VPNs don’t earn revenue directly from users for the use of their product, they’re more incentivized to collect and sell user data. Of course, this contradicts the purpose of using a VPN for privacy. 
• Security risks: Due to the lesser resources at their disposal, free VPNs may use weaker encryption protocols or be more prone to dangerous vulnerabilities.
• Data caps and throttling: Most free VPNs often impose data caps or throttle speeds after a certain amount of usage, hindering your online experience.
• Unreliable connections: Free VPNs are more likely to experience frequent dropouts or unstable connections, making them unsuitable for activities like streaming or online gaming.
• No support team: Free VPNs typically don’t have a responsive support team.

While free VPNs might seem like an attractive option, the potential risks may outweigh the benefits. For your online security, consider investing in a reputable paid VPN service.

ExpressVPN offers a network of high-performance server clusters in 105 countries, ensuring fast, private, and secure connections with no bandwidth caps. It provides optimal speed, security, and stability, supported by a 24/7 live chat team for immediate assistance. Using best-in-class 256-bit AES encryption and a strict no-logs policy, ExpressVPN protects your privacy. It also includes security features like a kill switch and DNS leak protection which you’ll seldom find in a free VPN. 

Reasons to use a VPN in India

Using a VPN in India offers several benefits—just like using one anywhere in the world. However, given the current legal landscape in India, there are crucial advantages to using a VPN, especially one that doesn’t have physical servers in India. 

Here are the key reasons to use a VPN in India:

• Privacy on public Wi-Fi: A VPN encrypts your internet traffic, protecting your data from hackers, ISPs, and other prying eyes.
• Bypass internet censorship: A VPN can help you access websites and services that might be blocked or censored in India. This includes accessing international news sites, social media platforms, and other content restricted by the government.
• Bypassing office Wi-Fi content blocks: If your company blocks certain online content, you’ll need a VPN at work to access it.
• Avoid surveillance: The Indian government’s regulations require VPN providers to log and store user data for a minimum of five years. Using a VPN service that operates servers outside India and has a strict no-logs policy can help you avoid government surveillance.
• Secure remote work: When working remotely, a VPN provides a secure connection to company networks, protecting sensitive data from potential cyber threats.
• Prevent bandwidth throttling: ISPs sometimes throttle bandwidth based on your internet usage. A VPN can mask your online activities, preventing ISPs from slowing your connection.
• Enhanced online shopping and banking security: VPN adds an extra layer of security when conducting online transactions, reducing the risk of data theft and fraud during online shopping or banking.

Will India ban VPNs?

VPNs aren’t currently banned in India, and there are no signs or statements that the government is planning an outright ban.

The current regulatory environment makes it challenging for VPN providers to operate without compromising user privacy. However, many VPN providers, like ExpressVPN, have responded by removing physical servers from India and using virtual India servers that are physically based in other countries to maintain user privacy.

It’s essential to stay informed about any potential changes that could impact VPN usage in India in the future. By staying informed and choosing a reliable VPN service, you can still leverage the benefits of VPNs for enhanced online security and privacy in India.