International Journal For Multidisciplinary Research

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Deepfake Technology and Criminal Law Reform in India: Addressing Synthetic Media Under the Bharatiya Nyaya Sanhita, 2023

Author(s) Niharika Jorwal
Country India
Abstract Deepfake technology, a rapidly evolving form of artificial intelligence–generated synthetic media, has emerged as a significant threat to individual dignity, democratic integrity, and the administration of criminal justice in India. By enabling the creation of hyper-realistic yet fabricated audio, video, and image content, deepfakes facilitate offences such as identity theft, financial fraud, cyber extortion, electoral misinformation, and non-consensual intimate imagery. The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) marks a transformative phase in India’s criminal law reform; however, the statute does not expressly define or criminalize the malicious creation and dissemination of synthetic media. This legislative gap raises concerns regarding victim protection, evidentiary admissibility, investigative competence, and proportional punishment. This paper critically examines the applicability of existing BNS provisions relating to forgery, cheating, defamation, and cyber-enabled offences to deepfake-related harms, highlighting doctrinal ambiguities and enforcement challenges. It argues for a structured reform approach that includes a clear statutory definition of synthetic media offences, graded penalties, digital forensic standards, and expedited procedural safeguards for victim redressal. Aligning with Sustainable Development Goals particularly SDG 16 (Peace, Justice and Strong Institutions) and SDG 9 (Industry, Innovation and Infrastructure) the study emphasizes the need for a balanced regulatory framework that fosters technological innovation while safeguarding constitutional rights and public trust. A coherent legislative response under BNS is imperative to ensure accountability, strengthen institutional resilience, and uphold the rule of law in India’s digital era.
Keywords Deepfake Technology, Synthetic Media, Bharatiya Nyaya Sanhita 2023, Criminal Law Reform, SDG 16, Digital Forensics.
Published In Volume 8, Issue 2, March-April 2026
Published On 2026-03-17
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