ADEQUACY OF INDIAN CYBER LAWS IN TACKLING DEEPFAKE CRIMES: A CRITICAL LEGAL ANALYSIS
AUTHOR – DHANALAKSHMI R* & AJAY KRISHNA. S.P**
* 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 – DHANALAKSHMI R & AJAY KRISHNA. S.P, ADEQUACY OF INDIAN CYBER LAWS IN TACKLING DEEPFAKE CRIMES: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 57-68, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The rapid evolution of Generative Artificial Intelligence has given rise to deepfakes—highly sophisticated synthetic media that can convincingly manipulate audio, video, and images to replicate real individuals with alarming realism. In India, deepfake technology has been weaponised for non-consensual pornography, financial fraud through voice cloning, electoral manipulation, and targeted harassment, generating urgent demands for legal intervention. This article critically evaluates the adequacy of Indian cyber law in addressing deepfake-related offences. Employing a doctrinal methodology, it analyses the Information Technology Act 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 and the Information Technology Amendment Rules 2026, the Bharatiya Nyaya Sanhita 2023, and the Digital Personal Data Protection Act 2023, situating these instruments within the constitutional framework of Articles 19(1)(a) and 21. The article identifies a critical ‘detection-regulation gap,’ wherein the law mandates rapid removal of harmful synthetic content without corresponding advancements in forensic detection capabilities, creating risks of over-censorship and disproportionate compliance burdens on smaller intermediaries. It further examines the evidentiary challenges inherent in establishing malicious intent and authenticating deepfake content under criminal law, and the incomplete criminological coverage of traditional offence categories—defamation, forgery, and impersonation—when applied to AI-generated synthetic media. Through comparative analysis with the European Union Artificial Intelligence Act, the article argues that India’s framework remains predominantly reactive, addressing post-publication harm rather than pre-emptively regulating deepfake-enabling AI technologies. It concludes by proposing a multi-layered reform agenda: a dedicated Deepfake and Artificial Intelligence Regulation Act, adoption of a risk-based classification framework, establishment of a centralized AI Regulatory Authority, mandatory watermarking and content provenance standards, and a national deepfake forensic infrastructure.
Keywords: Deepfakes, synthetic media, Information Technology Act 2000, IT Amendment Rules 2026, Synthetically Generated Information, Bharatiya Nyaya Sanhita 2023, Digital Personal Data Protection Act 2023, EU AI Act, detection-regulation gap, intermediary liability, Article 21, cyber law India