Introduction
Artificial intelligence has changed the way people create photos, videos, and audio. Today, AI tools can make a person appear to say or do something that never happened. This type of manipulated content is commonly called a deepfake.
Deepfakes can have harmless uses. People may create them for films, entertainment, education, or satire. However, the situation changes when someone uses a deepfake to deceive, threaten, defame, impersonate, or harm another person.
So, are AI-generated deepfakes illegal in India?
There is no single answer. Creating AI content is not automatically a crime. However, the way someone creates or uses that content can attract legal consequences.
What Is a Deepfake?
A deepfake is digitally created or altered content that makes something appear real when it is not. AI can change a person’s face, copy their voice, or place their appearance into a video.
For example, someone could create a fake video that makes a person appear to make a false statement. Another person could copy someone’s voice and use it to convince a family member to transfer money.
The technology itself is not always unlawful. The problem often lies in the purpose and impact of its use.
When Can a Deepfake Become Illegal?
A deepfake can become illegal when it helps someone commit an offence. Fraud is one example. A person who creates a fake video or voice recording to deceive someone and obtain money may face criminal action.
The Bharatiya Nyaya Sanhita, 2023 contains provisions dealing with cheating and personation. Section 319 covers cheating by personation. It applies when a person cheats by pretending to be someone else or falsely represents another identity. The offence can attract imprisonment of up to five years, a fine, or both.
This means a fraudster cannot escape responsibility simply because they used artificial intelligence to create the false identity.
Can Deepfakes Lead to Identity Theft?
Yes. A deepfake can become part of an identity theft scheme when someone uses another person’s identity or information without permission.
The Information Technology Act, 2000 contains provisions that can apply to certain forms of identity theft and cheating by personation using computer resources. The exact provision will depend on what the person did and how they used the technology.
For example, using a person’s identity to deceive a bank, obtain money, or access an account can create serious legal consequences.
What About Deepfakes That Damage Someone’s Reputation?
A fake video can spread quickly on social media. Once people believe the video is real, it can damage the victim’s reputation, career, or personal relationships.
Indian criminal law recognises defamation as an offence. A victim may also have civil remedies in appropriate circumstances.
The legal position will depend on factors such as what the deepfake shows, whether someone presented it as genuine, who published it, and what harm it caused.
A victim should preserve evidence before reporting the content. Screenshots, copies of messages, account names, dates, and other details may help establish what happened.
What If a Deepfake Uses Someone’s Face or Voice?
Using someone’s face or voice in an AI-generated recording can raise privacy and other legal concerns. The risk becomes greater when the person uses the material for harassment, fraud, threats, or commercial exploitation.
Deepfakes involving sexual or intimate content can create even more serious legal issues. Creating or sharing such material without consent may violate criminal laws and information technology rules.
The victim should report harmful content quickly and preserve evidence of its circulation.
What Do India’s IT Rules Say About AI-Generated Content?
India has recently introduced more specific rules for synthetic content.
The Ministry of Electronics and Information Technology amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in February 2026. The amended rules specifically address synthetically generated information, which includes content created or altered using computer technology in a way that can appear reasonably authentic.
The rules also introduce obligations concerning the identification of certain synthetic content. Depending on the applicable requirements, intermediaries may need to use labels, identifiers, or metadata to make synthetic content recognisable.
These rules do not make every AI-generated image or video illegal. Instead, they create additional responsibilities for platforms and other intermediaries and address the risks associated with misleading synthetic content.
What Can You Do If Someone Creates a Deepfake of You?
Act quickly if someone creates or shares a harmful deepfake involving you. First, preserve evidence. Take screenshots and record the account name, post details, date, and other information that may help identify the source.
You can report the content to the platform where it appears. You may also approach the appropriate cybercrime or law enforcement authority, depending on the nature of the material.
If the deepfake involves fraud, threats, harassment, identity misuse, or another offence, explain these facts clearly when making your complaint.
You should also avoid repeatedly sharing the fake content while trying to prove that it is false. This can increase its reach.
Can You Ask a Platform to Remove a Deepfake?
Yes. A person who finds harmful synthetic content online can report it through the platform’s complaint mechanism.
The IT Rules place due-diligence obligations on intermediaries regarding unlawful content and, following the 2026 amendments, also contain specific provisions concerning synthetically generated information.
The exact removal process depends on the platform and the nature of the content. A person should provide clear information about why the content is false, harmful, or unlawful.
Conclusion
So, are AI-generated deepfakes illegal in India? Not automatically. The use of AI does not by itself turn every synthetic image, video, or audio recording into a crime.
However, a deepfake can become unlawful when someone uses it for fraud, personation, identity misuse, defamation, harassment, privacy violations, or other illegal purposes. The BNS already provides criminal provisions that can apply to conduct involving cheating and personation.
India has also moved towards more specific regulation of synthetic content through the 2026 amendments to the IT Rules. As AI technology develops, both individuals and online platforms will need to pay closer attention to how synthetic content is created, labelled, shared, and used.
If someone creates a harmful deepfake of you, do not ignore it. Preserve the evidence, report the content, and consider appropriate legal action based on the circumstances.
