“CRIMINAL LIABILITY OF ONLINE FOOD DELIVERY PLATFORMS”
AUTHOR – N.V. YUVARAJ* & M. LAXMI PRIYA**
* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)
** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)
BEST CITATION – N.V. YUVARAJ & M. LAXMI PRIYA, “CRIMINAL LIABILITY OF ONLINE FOOD DELIVERY PLATFORMS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 568-573, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I763
Abstract:
The exponential growth of online food delivery platforms such as Zomato, Swiggy, and Uber Eats has significantly transformed the food service industry, creating a complex digital marketplace that connects consumers, restaurants, and delivery personnel. While these platforms position themselves as mere intermediaries facilitating transactions, their expanding role in vendor selection, quality control, pricing mechanisms, and logistics raises critical questions regarding their legal status and accountability. This paper examines the scope of criminal liability of online food delivery platforms in India, particularly in cases involving food safety violations, misrepresentation, fraud, and public health risks.
The study critically analyses the applicability of the Information Technology Act, 2000, especially the safe harbour provisions, alongside the Food Safety and Standards Act, 2006, to determine whether such platforms can claim immunity from criminal prosecution. It further explores key legal doctrines including negligence, vicarious liability, and strict liability to assess whether platforms can be held responsible for harm caused by listed restaurants or cloud kitchens operating through their interfaces. The paper also considers the growing influence of algorithmic decision-making and data-driven practices, which may contribute to the promotion of non-compliant vendors, thereby challenging the notion of passive intermediation.
Through a comparative analysis of regulatory approaches in jurisdictions such as the European Union and the United States, the paper highlights emerging global trends towards increased platform accountability. It also identifies key enforcement challenges, including the attribution of knowledge, evidentiary burdens, and the fragmented nature of regulatory oversight in India.
The paper argues that the existing legal framework is inadequate to address the evolving nature of platform-based food delivery services. It advocates for a balanced approach that imposes a model of shared criminal liability on platforms, particularly where they exercise significant control or fail to exercise due diligence. The study concludes by recommending legal and policy reforms, including stricter compliance requirements, enhanced monitoring obligations, and greater algorithmic transparency, in order to ensure consumer protection and strengthen accountability within the digital food ecosystem.