Deepfake Technology And Criminal Liability: An Analysis Under The Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- 4 hours ago
- 2 min read
Dr. Komila Aggarwal, Assistant Professor and Programme In-charge, Dogra Law College, Jammu.
ABSTRACT
The rapid advancement of artificial intelligence has led to the emergence of deepfake technology, enabling the creation of highly realistic yet fabricated audio, video, and image content that poses significant challenges to criminal justice systems worldwide. In India, deepfakes have become powerful tools for identity theft, financial fraud, cyber extortion, electoral manipulation, defamation, and the dissemination of non-consensual intimate content, thereby threatening individual dignity, public trust, and democratic governance. Although the Bharatiya Nyaya Sanhita, 2023 (BNS) represents a significant reform in India's criminal law framework, it does not expressly define or criminalise the malicious creation and dissemination of synthetic media, resulting in notable legislative and enforcement gaps. This paper critically examines the applicability of existing provisions of the Bharatiya Nyaya Sanhita, 2023, to deepfake-related offences, particularly those concerning forgery, cheating, personation, defamation, and other technology-enabled crimes. It further identifies doctrinal ambiguities, evidentiary concerns, and practical challenges faced by investigative agencies and courts in addressing offences involving AI-generated content. The study argues that the absence of a dedicated legal framework limits effective victim protection, creates uncertainty in prosecution, and undermines the deterrent value of criminal law. It advocates the introduction of a comprehensive statutory framework incorporating a clear definition of deepfake offences, graded penalties based on the nature and severity of harm, standardized digital forensic protocols, and expedited procedural safeguards for victim redressal. Adopting a doctrinal and analytical approach, the paper concludes that a technology-responsive legal framework under the Bharatiya Nyaya Sanhita, 2023, is essential to address emerging forms of digital deception, ensure accountability, strengthen the criminal justice system, and uphold the rule of law in India's evolving digital landscape.
Keywords: Deepfake Technology, Synthetic Media; Bharatiya Nyaya Sanhita, 2023, Artificial Intelligence, Criminal Law Reform, Digital Forensics, Cybercrime; Digital Evidence.
