Regulating Deepfake-Related Crimes in India: A Critical Analysis of the Information Technology Act and Bharatiya Nyaya Sanhita, 2023

Abstract

The study explores the contextual problems with the already available responses and explores the applicability of the various statutory regulations that govern impersonation, forgery and fraud, obscenity and defamation and the admissibility and proof of electronic information. Through careful study of the court interpretation, regulatory rhetoric and legislative language, the study demonstrates structural shortcomings, normative ambiguity, and symptoms of evidentiary failure that have impedimented successful prosecution. The study finds that the current India's legal framework has major gaps. The provisions of the Information Technology Act 2000, Indian Penal Code 1860, The Bharatiya Nyaya Sanhita, 2023 (BNS) and upcoming data protection laws offer limited protection with limited clarifications on the issues deepfakes pose. The study highlights the growing concern over the threat issues of authenticity and rigidities of deepfake technologies; it thoroughly examines the legal provisions made by the Information Technology Act, 2000 and Bharatiya Nyaya Sanhita, 2023, and contemplates the evidentiary provisions mentioned in the Bharatiya Sakshya Adhiniyam, 2023. The results suggest that the existing legislation covers individual cyber offences, yet there isn't a general and specialised statute laying out the production, dissemination and application of deepfakes in India. The report also highlights issues related to the verification of synthetic content, liability issues, enforcement and the need for specific legislative and tech solutions to tackle deepfake related abuses efficiently. The study calls for a three-pronged approach to the legal solution which very specifically addresses the problem. Right at the end, it also stresses the need to improve the India's legal framework, which is a need not a futuristic plan and gives pause to confidence towards the Digital Economy.