AI Deepfakes in India: What Legal Action Can You Take If Someone Creates a Fake Video or Image of You?
Artificial intelligence tools capable of generating convincing fake videos, images, and voice recordings of real people have become widely accessible. Creating a realistic fake video of a person — making them appear to say or do something they never did — now requires almost no technical skill and minimal cost. The targets are often public figures, women, professionals, and ordinary citizens caught in personal disputes.
If someone has created a deepfake of you — a fake video, a manipulated photograph, or an AI-generated voice recording — India's legal framework gives you several tools to respond. This guide explains what deepfakes are legally, which laws apply, and what steps to take.
What Constitutes a Deepfake?
A deepfake is synthetic media — video, audio, or images — in which a person's likeness, voice, or both have been artificially generated or manipulated using machine learning (typically a technique called Generative Adversarial Networks or diffusion models).
Common types include:
- Fake videos — making a real person appear to speak words they never said, or appear in footage they were never part of
- AI-generated voice cloning — replicating a person's voice to make it appear they said something they did not
- Manipulated photographs — digitally placing a real person's face onto another body, or altering an existing photograph
- Face-swap content — superimposing a person's face onto explicit or compromising footage
- AI-generated identity documents — fake IDs, photographs, or biometric-like images
India's regulatory framework for synthetically generated content was strengthened significantly in 2026, with requirements around labelling, traceability, and unlawful deepfake content becoming clearer — though comprehensive dedicated deepfake legislation is still evolving.
Which Indian Laws Apply to Deepfakes?
There is currently no single dedicated Indian law titled "Deepfake Act." However, multiple existing laws apply depending on the nature of the deepfake and the harm caused.
1. Information Technology Act, 2000 (IT Act) and IT Rules
The IT Act contains several provisions directly relevant to deepfakes:
- Section 66C IT Act — Identity theft: Fraudulently or dishonestly making use of an electronic signature, password, or unique identification feature of another person. AI-generated fake images used to impersonate someone could fall here.
- Section 66D IT Act — Cheating by personation using computer resource: If someone uses a deepfake video/voice to impersonate you and thereby deceive another person (such as your employer, family, or financial institution), this provision applies.
- Section 67 IT Act — Publishing obscene material in electronic form: If the deepfake is sexually explicit, this section is directly applicable, with imprisonment up to 3 years on first conviction and up to 5 years on second conviction.
- Section 67A IT Act — Publishing sexually explicit material: Specifically covers content depicting sexual acts; punishment up to 5 years first conviction, up to 7 years thereafter.
- Section 67B IT Act — Child pornography and sexualised content involving minors — applies when the deepfake involves images of persons under 18.
IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended): Platforms are required to:
- Act on deepfake complaints within 24 hours for clearly illegal content and within 72 hours for other content.
- Identify and remove AI-generated content that violates their policies.
- Maintain a grievance redressal mechanism.
- Label synthetic and AI-generated content (ongoing regulatory development).
2. Bharatiya Nyaya Sanhita, 2023 (BNS)
- Section 303 BNS (Defamation) — If the deepfake makes false statements of fact about you that harm your reputation, defamation under BNS applies.
- Section 356 BNS (Criminal intimidation) — If the deepfake is used to threaten or intimidate you.
- Section 78 BNS (Stalking) — Repeatedly monitoring, following, or contacting a person using electronic communication or identity theft.
- Section 79 BNS (Voyeurism) — Capturing or disseminating images of a person without consent in private circumstances.
- Section 74 BNS (Assault or use of criminal force with intent to outrage modesty) — For non-consensual intimate deepfakes.
3. Copyright Act, 1957 Your image and likeness may constitute a protected work if captured in photographs or videos. Unauthorised manipulation and publication of your image may amount to copyright infringement, giving you a basis for civil relief.
4. Personality Rights (Evolving Law) Indian courts, including the Delhi High Court, have increasingly recognised personality rights — the right of individuals (particularly public figures, but not exclusively) to control the commercial and other use of their name, image, voice, and likeness. AI-generated deepfakes that exploit your likeness without consent may infringe your personality rights. This is an actively developing area of law as of 2026.
Platform Responsibility
Social media platforms, video hosting services, and messaging apps that host or distribute deepfake content are considered intermediaries under the IT Act. They are required to:
- Act on valid takedown notices within prescribed timelines.
- Provide a grievance officer who must respond to complaints.
- Disable access to clearly illegal content (deepfake pornography, non-consensual intimate images) within 24 hours of receiving a complaint.
If a platform fails to act, it loses its "safe harbour" protection from liability and may be held responsible for the harmful content it hosts.
How to file a platform complaint:
- Use the platform's in-app "Report" feature, selecting "Impersonation," "Non-consensual intimate images," or "False information" as appropriate.
- Send a formal written notice (by email) to the platform's India Grievance Officer.
- Retain copies of all communications and responses.
Evidence Preservation: Do This First
Before taking any other step, preserve all available evidence. Evidence can disappear quickly — deepfake content is often deleted by the creator or taken down by platforms before you can document it.
Immediate steps:
- Screenshot the content with timestamps, URLs, and the profile/account name visible.
- Record a screen video of the page showing the deepfake content and any comments or shares.
- Note the date and time you discovered the content.
- Save the URL of every page where the content appears.
- Document the account or profile that uploaded or shared the content — username, follower count, bio, linked accounts.
- Use a notarized screenshot service if possible — platforms like Notarise.io or similar services provide timestamped and authenticated digital evidence.
- Do not delete any messages from the person threatening to release or already having released a deepfake — these messages are crucial evidence.
When to Approach the Police / Cybercrime Authorities
File a cybercrime complaint as soon as you have documented the evidence. Do not wait.
Online complaint (recommended first step): File at cybercrime.gov.in (National Cyber Crime Reporting Portal). Select the appropriate category — "Online Content" or "Cyber Blackmail / Sextortion" if the deepfake is being used for extortion.
In-person complaint: Visit the Cyber Crime Police Station in Chandigarh (located at the Police Headquarters, Sector 9) or the cyber crime unit of the nearest police station in Mohali or Panchkula.
What to bring:
- Printed screenshots of the deepfake content and the account/profile
- A USB drive or printout of all digital evidence
- ID proof
- A written complaint clearly describing the offence and requesting investigation
The police can then:
- Issue notices to the platform to preserve and disclose account information
- Identify the creator through IP address analysis and account records
- File charges under the IT Act and BNS
When Civil Proceedings May Be Relevant
In addition to (or instead of) criminal proceedings, civil litigation may be appropriate in certain situations:
Defamation suit: If the deepfake has made false statements of fact that have damaged your reputation — for example, a fake video making you appear to accept bribes, make racist remarks, or behave dishonestly — you can file a civil defamation suit seeking damages and an injunction.
Permanent injunction: A civil court can grant an injunction restraining the defendant from creating, distributing, or publishing any further deepfake content of you.
Personality rights claim: If you are a professional, public figure, or business owner whose likeness is being commercially exploited through a deepfake, you may have a claim for damages based on infringement of your personality rights.
Interim injunction (urgent relief): In cases where a deepfake video is about to be widely distributed (for example, before an election or a professional event), you can seek an urgent ex-parte injunction from the Civil Court, which can be granted the same day or the next day without the other party being heard.
Specific Categories: What Law Applies
| Type of Deepfake | Primary Legal Remedy |
|---|---|
| Sexually explicit fake video (non-consensual) | Section 67A IT Act, Section 74/79 BNS, Platform complaint |
| Voice cloning used for fraud | Section 66C/66D IT Act, BNS fraud provisions |
| Fake video used for defamation | Section 303 BNS, Civil defamation suit |
| Deepfake for blackmail / extortion | Section 308 BNS (extortion), Section 356 BNS (criminal intimidation) |
| Identity theft using AI image | Section 66C IT Act |
| Deepfake of a minor (any kind) | Section 67B IT Act (strictest penalties) |
| Commercial use of likeness without consent | Personality rights, Copyright Act |
What Tricity Law Firm Can Help You With
Dealing with a deepfake is distressing. The technical nature of the offence and the cross-border nature of online platforms can make victims feel that nothing can be done. That is not correct — Indian courts and law enforcement have been increasingly responsive to cybercrime and digital harm matters.
Adv. Kamal Grover provides legal assistance for:
- Drafting and filing cybercrime complaints
- Platform takedown notices and grievance officer correspondence
- Civil suits for injunction and damages
- FIR drafting and follow-up with Chandigarh cybercrime police
- Legal notices to the creator or distributor of deepfake content
- Evidence preservation advice
Contact us at +91-9814110005 or reach out online. These matters require urgent action — do not delay.
Frequently Asked Questions
Q: Can the police identify who created a deepfake? Yes, in many cases. Platforms are required to preserve and disclose account information to law enforcement. IP addresses, device identifiers, and account activity logs can be used to trace the creator.
Q: What if the deepfake was created and hosted on a foreign server or platform? Indian police can still issue legal process to international platforms through the Mutual Legal Assistance Treaty (MLAT) process and through platforms' India-specific legal process mechanisms. Many major platforms (Meta, Google, X) have India-based grievance officers and respond to Indian court orders.
Q: Is it a crime even if the deepfake was created "as a joke"? The intent to harm is relevant to the severity of punishment, but the act of creating and distributing non-consensual synthetic media is itself a violation of multiple provisions regardless of the creator's stated intent. "It was just a joke" is not a legal defence.
Q: I am a man — can I also be a victim of deepfakes under these laws? Yes. While some BNS provisions are women-specific, the IT Act provisions apply to all persons regardless of gender.
Disclaimer: This article is for general information only and does not constitute legal advice. Cyber law is fast-evolving — consult an advocate for advice specific to your situation.