Interplay Between The Digital Personal Data Protection Act, 2023 And Criminal Defamation Under Section 356 Of The Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- Mar 13
- 1 min read
Aarya Sachin Temgire, SVKM’s Pravin Gandhi College of Law
ABSTRACT
The fastened expansion of digitalization in India has consistently increased blurring boundary between privacy of a person and personal expression. This paper thus, explores the relationship between the Digital Personal Data Protection Act, 2023 (DPDPA), which creates a framework for protecting digital personal data, and Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which criminalises defamation. The paper examines how personal data, such as photographs, videos, and online social media profiles can be misused to harm the personal character of a person and defame them. Addressing raising concerns revolving around deepfake images and cyber defamation as reference points, this study shows how the consent-based architecture of the DPDP Act can function as an early safeguard against defamatory misuse of personal data, while the BNS continues to operate as the penalising backstop once defamation causes damage to reputation.
This paper also reflects on practical challenges, which include difficulties in enforcement of borderless digital spaces and the risk that defamation law may be invoked to strike down legitimate criticism. This paper further argues for a careful and harmonised reading of both statutes so that individual dignity is protected without unnecessarily curbing lawful expression in India’s rapidly evolving digital eco-system.
