The Virtual Veil: Deepfake Crimes, Evidentiary Dilemmas, and the Unfinished Journey of Criminal Liability in India

The rapid growth of synthetic media, especially deepfakes, has moved beyond entertainment and political jokes to become a serious tool for crime. In India, with one of the largest online user populations and a growing digital economy, deepfake technology has introduced offenses such as AI-generated revenge porn, misinformation, corporate fraud, and impersonation. This article examines the relationship between deepfake crimes and the Indian legal system, highlighting challenges including gaps in identity theft laws, scattered legislative responses, cyber jurisdiction issues, and restrictions on synthetic speech. It also explores evidentiary concerns, including digital authentication issues, the application of the Bharatiya Sakshya Adhiniyam, 2023, and the burden of proof on victims. The article reviews recent regulatory developments under the Information Technology Act, 2000, proposed Digital India Act, 2023, and Bharatiya Nyaya Sanhita, 2023, arguing that India’s approach remains reactive and insufficient for determining criminal intent. It concludes with recommendations including legal recognition of AI-generated content, specific procedures for deepfake evidence, platform accountability, and “proportionate attribution” of criminal intent in AI-related crimes.