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VOL. 12, ISSUE 3 (2026)
Evidentiary challenges of deepfake sexual offenses: An empirical analysis of judicial responses under India’s new criminal law framework
Authors
Vishal Anand
Abstract
The proliferation of Generative Adversarial Networks (GANs) has
precipitated a crisis of visual truth in criminal jurisprudence, particularly
concerning technology-facilitated sexual violence. With the transition from the
Indian Penal Code (IPC) and Indian Evidence Act (IEA) to the Bharatiya Nyaya
Sanhita, 2023 (BNS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Indian
legal system faces the unprecedented challenge of prosecuting non-consensual
deepfake pornography. This article empirically examines the judicial responses
and evidentiary hurdles associated with deepfake sexual offenses under the new
criminal framework. While the BNS modernizes offenses – encompassing privacy
violations (Section 77), defamation (Section 356), and deceitful sexual conduct
– and the BSA elevates electronic records with updated authentication mandates
(Section 63), the substantive law remains conceptually strained by synthetic
media. Utilizing a mixed-methods approach comprising doctrinal analysis and
qualitative assessments of early judicial interventions and cyber-forensic
data, this study investigates how trial courts navigate the “Liar’s Dividend” –
a phenomenon where the accused weaponizes the existence of deepfakes to cast
reasonable doubt on genuine digital evidence. The findings reveal a critical
legal gap: Section 63 certificates authenticate the source device or storage
media but cannot verify the pixel-level integrity of AI-generated content.
Consequently, the reliance on under-resourced forensic laboratories creates
severe trial bottlenecks. The paper concludes that without integrating
AI-driven forensic verification and specialized digital jurisprudence, the BNS
and BSA frameworks risk procedural paralysis, thereby exacerbating victim
trauma and undermining the administration of criminal justice.
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Pages:401-406
How to cite this article:
Vishal Anand "Evidentiary challenges of deepfake sexual offenses: An empirical analysis of judicial responses under India’s new criminal law framework". International Journal of Law, Vol 12, Issue 3, 2026, Pages 401-406
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