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@article{208177,
author = {Megharani Baburao Nikam},
title = {Deepfake Technology and Criminal Liability: Need for a Comprehensive Legal Framework},
journal = {International Journal of Innovative Research in Technology},
year = {2026},
volume = {13},
number = {4},
pages = {805-828},
issn = {2349-6002},
url = {https://ijirt.org/article?manuscript=208177},
abstract = {Deepfake technology, powered by artificial intelligence (AI) and deep learning algorithms, has transformed the creation and manipulation of digital content by producing highly realistic but fabricated audio, video, and images.
Although the technology has legitimate applications in education, entertainment, healthcare, and accessibility, its misuse has created significant legal and ethical concerns.
Such misuse threatens individual rights, public trust, democratic institutions, and the integrity of criminal justice systems.
The rapid evolution of deepfake technology has outpaced existing legal frameworks in many jurisdictions. In India, offences involving deepfakes are currently addressed through fragmented provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS), the Information Technology Act, 2000, copyright law.
However, these provisions do not specifically define or comprehensively regulate deepfake-generated content, resulting in challenges relating to criminal liability, evidentiary standards, attribution of offenders, jurisdiction, and victim protection.
The absence of a dedicated legislative framework further complicates investigation, prosecution, and international cooperation against transnational digital offences.
This research examines the criminal implications of deepfake technology by analysing the adequacy of existing legal provisions, judicial responses, and comparative legislative developments in selected jurisdictions such as the European Union, the United States, and China.
It also explores the evidentiary challenges associated with AI-generated digital content and the role of forensic technologies in detecting manipulated media.
The study argues that India requires a comprehensive legal framework that clearly defines deepfake-related offences, prescribes proportionate criminal sanctions, strengthens investigative mechanisms, ensures accountability of AI developers and digital intermediaries, and balances technological innovation with constitutional rights, including freedom of speech, privacy, and due process. Such a framework would enhance public confidence in digital communications while safeguarding the administration of criminal justice.},
keywords = {Deepfake, Artificial Intelligence, Cyber Crime, Criminal Liability, Digital Evidence, Privacy, Cyber Law.},
month = {September},
}
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