Regulation of Deepfakes, Identity Fraud and AI-Created Harms under New Penal Provisions

Ana Zehra; Jyoti Yadav

doi:10.36948/ijfmr.2026.v08i02.73501

Regulation of Deepfakes, Identity Fraud and AI-Created Harms under New Penal Provisions

Author(s)	Ms. Ana Zehra, Dr. Jyoti Yadav
Country	India
Abstract	Deepfakes, AI voice cloning and synthetic identities now sit at centre of digital risk landscape in India. These tools allow hyper realistic alteration of faces, bodies and voices, so they enable intimate image abuse, financial fraud and targeted political manipulation on huge scale. Recent Indian and comparative scholarship shows that such AI created harms strike directly at privacy, autonomy, reputation and even public trust in democratic processes. At same time, legal responses stay fragmented across Information Technology Act 2000, Bharatiya Nyaya Sanhita 2023, Bharatiya Sakshya Adhiniyam 2023 and Digital Personal Data Protection Act 2023, none of which yet define deepfakes or synthetic media in express terms. This paper studies how new penal architecture should address deepfakes, identity fraud and wider AI created harms. It maps provisions on cheating, impersonation, obscenity, defamation, cyber offences and digital evidence under BNS and BSA and then tests their capacity against deepfake related misuse such as non-consensual pornography, fraud and political disinformation. The analysis is placed against proposals for dedicated Deepfake Prevention and Regulation framework in India and recent Deepfake Prevention and Criminalisation Bill introduced in Parliament. Doctrinal and comparative method is used to conceptualise “AI created harms” and “identity fraud,” to link them with victim consent, expectation of privacy and reputational interests. The paper finally argues that Indian penal policy must become victim centred and technologically informed while still respecting data protection guarantees and due process in investigations and trials. This paper argues that the current fragmented approach is inadequate. It proposes a unified, victim oriented regulatory framework. That integrates criminal law, data protection and intermediary responsibility. Such an approach is necessary to ensure both effective enforcement and protection of fundamental rights.
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-04-05
DOI	https://doi.org/10.36948/ijfmr.2026.v08i02.73501

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Regulation of Deepfakes, Identity Fraud and AI-Created Harms under New Penal Provisions

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