Deepfakes – AI-generated synthetic media that can convincingly replace one person's likeness with another – have emerged as a serious legal concern in India. From political disinformation to non-consensual intimate images and corporate fraud, deepfakes pose unprecedented challenges to existing legal frameworks.
The Indian government has responded with amendments to the Digital India Act, 2026 and the Information Technology Act, 2000, specifically targeting AI-generated deepfakes. This guide explains the current legal landscape, criminal penalties, and civil remedies available to victims.
At Hashmi Law Associates (HLAPL), we advise clients on technology law, including deepfake-related disputes, defamation, and reputation management.
1. What is a Deepfake Under Indian Law?
The Digital India Act, 2026 defines "deepfake" as: "synthetic media generated or manipulated using artificial intelligence, machine learning, or similar technologies that falsely represents a person's likeness, voice, or actions, with the intent to deceive or cause harm."
Deepfakes include AI-generated videos, audio (voice cloning), images, and text that impersonate a real person without their consent.
Citation: Digital India Act, 2026, Section 2(ha) – definition of deepfake; Explanation to Section 72.
2. Criminal Liability for Creating or Sharing Deepfakes
2.1 Digital India Act, 2026 – Section 72 (Criminal Penalty)
Section 72 of the DIA specifically criminalizes deepfake creation and distribution:
- Creation of deepfake: Imprisonment up to 5 years and/or fine up to ₹10 lakh
- Distribution of deepfake: Imprisonment up to 3 years and/or fine up to ₹5 lakh
- Deepfake for sexual exploitation: Imprisonment up to 7 years and fine up to ₹15 lakh
- Deepfake for electoral interference: Imprisonment up to 5 years and fine up to ₹10 lakh
2.2 Indian Penal Code / Bharatiya Nyaya Sanhita (BNS) Provisions
Deepfakes may also attract provisions under the BNS, 2023:
- Section 79: Identity theft – impersonating another person online (3 years imprisonment)
- Section 318: Cheating by impersonation (5 years imprisonment)
- Section 348: Defamation (2 years imprisonment or fine)
- Section 75: Outraging modesty of woman through digital means (3-7 years imprisonment)
2.3 Information Technology Act, 2000 (as amended 2026)
Section 66E (violation of privacy) and Section 67 (publication of obscene material) also apply to deepfakes, with penalties up to 5 years imprisonment.
3. Civil Remedies for Deepfake Victims
3.1 Right to Erasure (DPDP Act, 2026)
Under the Digital Personal Data Protection Act, 2026, data principals (individuals) have the right to erasure (right to be forgotten). This applies to deepfakes where the victim's personal data is used without consent. Platforms must remove deepfake content within 72 hours of receiving a verified complaint.
3.2 Injunction and Damages (Specific Relief Act)
Victims can seek interim injunction from a civil court to remove deepfake content and restrain further distribution. They may also claim damages for reputational harm, emotional distress, and financial loss.
3.3 Defamation Suit
If the deepfake harms the victim's reputation, a defamation suit can be filed under the Law of Torts or BNS Section 348. Damages can be awarded for loss of reputation.
4. Platform Liability for Deepfakes
Under the Digital India Act, 2026, social media intermediaries (platforms) have additional obligations:
- Due diligence: Platforms must make reasonable efforts to detect and label deepfakes
- Grievance redressal: Complaints regarding deepfakes must be resolved within 24 hours for intimate deepfakes, 48 hours for other deepfakes
- Safe harbor: Platforms lose safe harbor immunity if they fail to remove deepfake content after receiving actual notice
- Watermarking: AI-generated content (including deepfakes) must be watermarked or labelled as synthetic
Citation: Digital India Act, 2026, Sections 27-30 (intermediary liability); Rule 8 of the Information Technology (Intermediary Guidelines) Rules, 2026.
5. Deepfake Laws in India vs Global Standards
| Jurisdiction | Key Provisions |
|---|---|
| India | DIA 2026 Section 72 – 7 years imprisonment for sexual deepfakes; civil remedies under DPDP Act |
| USA (California) | AB 730 – Bans deepfakes in political advertising; AB 602 – Right to sue for deepfake pornography |
| EU (Digital Services Act) | Mandatory labelling of deepfakes; removal obligations |
| China | Deep Synthesis Provisions – Mandatory watermarking and real-name registration |
6. Practical Steps for Deepfake Victims
- Preserve evidence: Screenshot, download, and record metadata of the deepfake content.
- File complaint with platform: Use the platform's grievance mechanism (take screenshots of the complaint).
- Issue legal notice: Send a legal notice to the platform and the creator (if identifiable).
- File FIR: Approach cyber crime police station (under DIA Section 72 or BNS provisions).
- Seek interim injunction: Approach civil court for urgent removal orders.
- File civil suit for damages: Claim compensation for reputational and financial harm.
7. How HLAPL Can Help with Deepfake Matters
At Hashmi Law Associates (HLAPL), we assist clients with:
- Deepfake content removal (legal notices and platform complaints)
- Criminal complaints and FIR registration
- Civil suits for damages and injunction
- Reputation management advisory
- Corporate policies on AI-generated content and deepfakes
Contact our technology law team in New Delhi for immediate legal assistance regarding deepfakes.
Citation: Digital India Act, 2026 (Act No. 12 of 2026), Section 72; Bharatiya Nyaya Sanhita, 2023 (BNS), Sections 79, 318, 348; Digital Personal Data Protection Act, 2026, Section 18(1)(c) – Right to erasure; Information Technology (Intermediary Guidelines) Rules, 2026, Rule 8(5); Ministry of Electronics and IT Advisory on Deepfakes, January 2026.