October 7, 2026 7:08 pm

AI-GENERATED DEEPFAKES AND GENDER-BASED  VIOLENCE IN INDIA: RETHINKING LEGAL PROTECTION  FOR WOMEN AND CHILDREN 

Author: VIDWANSHU CHAUHAN, B.A. LL.B. (4th Year ), City Academy Law College (University of Lucknow) 

Abstract 

Artificial intelligence has transformed the creation and dissemination of digital content. Among  its most concerning applications is the production of realistic synthetic images, videos and audio  commonly described as “deepfakes”. Although synthetic media has legitimate applications in  education, entertainment, accessibility and creative expression, its misuse can cause serious  violations of privacy, dignity, reputation and bodily and sexual autonomy. Women and children  are particularly vulnerable to sexualised deepfakes, non-consensual intimate imagery,  impersonation, online harassment and other forms of technology-facilitated abuse. 

India does not presently regulate every form of deepfake through a single comprehensive statute.  Instead, protection is distributed across the Information Technology Act, 2000, the Information  Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Bharatiya  Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012 and, in relevant  circumstances, the Digital Personal Data Protection Act, 2023. The regulatory landscape has,  however, undergone a significant development through the 2026 amendments to the IT Rules  dealing with synthetically generated information. 

This article examines whether India’s existing legal framework adequately responds to AI generated gender-based violence. It analyses the intersection of privacy, dignity, sexual  autonomy, intermediary responsibility, child protection and technological enforcement. It argues  that the principal challenge is no longer merely the absence of legal provisions, but the  fragmentation of applicable remedies, difficulties in attribution and evidence, rapid replication of  harmful content, and the need to distinguish lawful synthetic expression from malicious synthetic  abuse. The article proposes a rights-based and technology-neutral approach that combines  stronger platform accountability, accessible remedies, victim-centred procedures and carefully  defined legal standards. 

Keywords:

Artificial Intelligence, Deepfakes, Gender-Based Violence, Women, Children,  POCSO, Information Technology Act, Synthetic Media, Privacy, Digital Rights.

1. Introduction 

The rapid development of artificial intelligence has altered the way digital information is created.  Images can now be generated or modified with remarkable realism, voices can be replicated  from limited recordings, and existing photographs and videos can be manipulated to portray  individuals in situations that never occurred. 

This technological development has created a new category of harm commonly associated with “deepfakes”. A deepfake may involve the artificial creation or manipulation of audio, visual or audio-visual information so realistically that it may appear authentic. Indian law now expressly addresses the broader category of “synthetically generated information” under the amended Information Technology Rules. The 2026 amendments define SGI in terms of artificially or algorithmically created, generated, modified or altered audio-visual information that appears authentic and portrays an individual or event in a manner likely to be perceived as indistinguishable from reality. 

The problem becomes particularly serious when synthetic media is weaponised against women  and children. A person’s face may be inserted into sexually explicit material without consent. A  child’s photograph may be manipulated into sexualised content. A victim’s voice may be cloned  to create fabricated statements. Such material can be distributed through social-media platforms  within minutes and may continue circulating even after the original upload has been removed. 

The harm is not confined to the falsity of the material. The victim may experience invasion of  privacy, humiliation, reputational damage, harassment, threats, social consequences and  psychological distress. In the case of children, the problem assumes an additional dimension  because the law recognises children as a particularly vulnerable class requiring enhanced  protection from sexual exploitation. 

India’s response has historically been distributed among different legal instruments. The IT Act addresses, among other matters, identity theft, cheating by personation, violation of privacy and electronically transmitted obscene or sexually explicit material. Sections 66C, 66D, 66E, 67 and  67A may become relevant depending upon the nature of the conduct. Section 67B specifically concerns material depicting children in sexually explicit acts, and therefore has particular significance where synthetic content involves minors. 

The emergence of AI-generated abuse therefore raises an important legal question: Can existing  laws effectively protect women and children when the harmful content itself may be  entirely fabricated?

2. Understanding AI-Generated Deepfakes as a Form of Digital Abuse 

Deepfakes are not inherently unlawful. Artificial intelligence can be used for legitimate creative  and technological purposes. The legal concern arises when synthetic technology is used to  deceive, exploit, threaten, sexually objectify, impersonate or otherwise harm an identifiable  individual. 

The distinction between ordinary manipulation and harmful synthetic content is particularly important. The 2026 amendments to the IT Rules recognise “synthetically generated information” and introduce obligations concerning declaration, verification and labelling of qualifying synthetic content. Significant social media intermediaries are required, in specified circumstances, to require users to declare whether information is synthetically generated and to deploy appropriate technical measures to verify such declarations. This development reflects an important regulatory shift. Rather than treating AI merely as a technological tool, the regulatory framework increasingly considers the consequences of synthetic content for users and society. 

However, synthetic sexual abuse presents a distinct challenge. A person may be shown in an  intimate situation despite never having participated in it. The absence of an underlying real event  does not necessarily eliminate the victim’s legal injury. The victim’s identity, likeness, reputation,  privacy and dignity may still have been exploited. 

For women, this can become a form of technology-facilitated gender-based violence. For  children, the consequences are potentially even more serious because sexualised representations  of minors engage India’s specialised child-protection regime. 

3. Constitutional Dimensions: Privacy, Dignity and Personal Autonomy 

The constitutional implications of malicious deepfakes are significant. 

Article 21 of the Constitution protects life and personal liberty. The Supreme Court’s privacy  jurisprudence has established privacy as a constitutionally protected right. In K.S. Puttaswamy v.  Union of India, the Supreme Court recognised privacy as an intrinsic component of  constitutional liberty and dignity. 

The constitutional importance of dignity is particularly relevant to digitally manipulated sexual  content. A victim’s right to control intimate aspects of identity and personal life cannot be  understood solely as a question of data ownership. 

The Supreme Court has also connected privacy and dignity with individual autonomy. In Joseph  Shine v. Union of India, the Court emphasised constitutional values of dignity and autonomy  while examining gender-based legal structures. The broader constitutional principle is relevant to emerging forms of digital abuse because technological manipulation can interfere with an  individual’s ability to control the presentation of their identity. 

Deepfake abuse therefore presents a multidimensional rights problem. It may simultaneously  implicate: 

1. Privacy; 

2. Dignity; 

3. personal autonomy; 

4. Reputation; 

5. Equality and non-discrimination; 

6. Freedom from sexual harassment; and 

7. The right to live with security and dignity. 

The challenge for law is to protect these interests without treating all synthetic expression as  unlawful. 

4. Existing Legal Framework for Protection of Women 

4.1 Information Technology Act, 2000 

The Information Technology Act remains an important component of India’s cyber-law  framework. 

Section 66C deals with identity theft, while Section 66D addresses cheating by personation using  a computer resource or communication device. These provisions may become relevant where a  person uses another individual’s digital identity or impersonates that person for fraudulent  purposes. 1

Section 66E deals specifically with violation of privacy. It concerns capturing, publishing or  transmitting the image of a person in circumstances violating the person’s privacy, subject to the  statutory conditions of the provision. 

Sections 67 and 67A address publication or transmission of obscene material and material  containing sexually explicit acts, respectively, in electronic form. Their relevance depends upon  the actual nature of the content and the statutory requirements. 

An important point is that these provisions should not be mechanically applied to every  deepfake. A manipulated image may be defamatory, threatening, sexually explicit, privacy invasive or impersonating without satisfying every element of every offence.

4.2 Bharatiya Nyaya Sanhita, 2023 

The Bharatiya Nyaya Sanhita, 2023 has been in force since 1 July 2024.  Several provisions may become relevant depending upon the facts. 

Section 75 addresses sexual harassment and includes, among other conduct, showing  pornography against the will of a woman and making sexually coloured remarks. 

Section 77 concerns voyeurism and covers watching, capturing or disseminating the image of a  woman engaging in a private act in the circumstances specified by the provision. It should  therefore be applied carefully to deepfake situations because the statutory language is directed  toward particular conduct involving an image of a woman engaging in a private act. 

Section 78 deals with stalking and includes monitoring the use by a woman of the internet, e mail or other forms of electronic communication in the circumstances specified by the provision. 

Section 79 concerns words, gestures or acts intended to insult the modesty of a woman or intrude  upon her privacy. 

The BNS therefore provides several possible routes for addressing conduct surrounding digitally  facilitated gender-based abuse. Nevertheless, it does not create a standalone offence called  “deepfake abuse”. This illustrates the fragmented character of the present framework. 

5. Protection of Children under POCSO 

The legal position becomes considerably stronger where the victim is a child. 

The Protection of Children from Sexual Offences Act, 2012 defines a child as a person below  eighteen years and establishes a specialised framework for sexual offences against children. Its  provisions cover sexual assault, sexual harassment and the use of children for pornographic  purposes. 

Section 11 defines sexual harassment of a child. Section 12 prescribes punishment for sexual  harassment. 

Section 13 deals with the use of a child for pornographic purposes. Section 14 prescribes  punishment for using a child for pornographic purposes, while Section 15 addresses storage of  pornographic material involving children in the circumstances specified by the provision. 

This framework is especially relevant to AI-generated sexual material involving children. The  fact that an image is artificially generated does not automatically answer the legal question; the  precise facts, statutory definitions and nature of the material must be examined. Indian 

authorities have expressly recognised that POCSO and the IT Act together provide mechanisms  for dealing with online sexual abuse of children. 

The IT Act further strengthens this protection. Section 67B specifically addresses publication or  transmission of material depicting children in sexually explicit acts and related forms of online  conduct. 

The interaction between POCSO and the IT Act demonstrates an important principle: child  protection cannot depend upon whether the abuse occurred physically or through a digital  environment. 

6. Intermediary Responsibility and the 2026 IT Rules Amendments 

One of the most significant developments in this area is the strengthening of intermediary  obligations. 

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,  2021 already imposed due-diligence obligations upon intermediaries. Rule 3(2)(b) has particular  importance for content involving nudity, sexual acts, impersonation and artificially morphed  images. 

The Government has stated that, following the 2026 amendments, intermediaries must address  specified unlawful synthetically generated information, including deepfakes and AI-generated  material. The amendments introduced requirements relating to labelling and traceability of  qualifying SGI and stronger technical and due-diligence obligations. 

The framework also strengthens obligations concerning unlawful AI-generated material  involving children, non-consensual intimate imagery and impersonation. Government  information published in August 2026 states that intermediaries are required to take action  against specified categories of harmful AI-generated content and that removal timelines have  been strengthened in relevant circumstances. 

This represents an important movement from a predominantly reactive model toward a  combination of prevention, identification, labelling and removal. 

However, platform regulation alone cannot solve the problem. Deepfake content may be copied,  downloaded, re-uploaded and distributed across multiple platforms. Removal from one service  therefore does not necessarily eliminate the harm.

7. The Special Vulnerability of Children 

Children face a distinctive risk because their digital identities are increasingly created from  photographs and videos shared by parents, schools and social networks. A child’s photograph can potentially become raw material for synthetic manipulation. The  consequences may include sexual exploitation, bullying, extortion, impersonation and long-term  reputational harm. 

The DPDP Act, 2023 recognises a child as an individual who has not completed eighteen years.  It also establishes specific provisions concerning the processing of children’s personal data. 

At the same time, the DPDP framework should not be presented as a substitute for criminal law.  Data protection addresses processing of personal data, whereas POCSO and the IT Act address  particular forms of sexual exploitation and cyber conduct.  This distinction is essential. The legal response to an AI-generated sexual image of a child may  require simultaneous consideration of: 

• Child sexual exploitation laws; 

• Cybercrime provisions; 

• Intermediary obligations; 

• Personal-data protection; 

• Electronic evidence; 

• Victim confidentiality; and 

• Rehabilitation and support mechanisms. 

8. Evidentiary and Enforcement Challenges 

The existence of a legal prohibition does not guarantee effective enforcement. Deepfake investigations present several technical difficulties. 

First, attribution may be difficult. A harmful image may be created using an anonymous account,  a foreign platform or an automated service. Identifying the person responsible may require  preservation of logs, metadata, account information and other electronic evidence. 

Second, the evidence itself may be disputed. A victim may need to establish that the content is  manipulated while the accused may challenge its authenticity or attribution. 

Third, digital content is highly replicable. Even where a platform removes an original post,  copies may continue circulating elsewhere.

Fourth, cross-border platforms create jurisdictional and procedural complications. 

These problems make electronic evidence particularly important. Investigators must preserve  evidence in a manner that permits its authenticity and chain of custody to be demonstrated during  proceedings. 

The legal framework must therefore be accompanied by technological capacity. Cybercrime  investigators, prosecutors and courts require appropriate expertise to distinguish authentic  recordings from manipulated or synthetic material. 

9. The Problem of Victim-Centred Remedies 

Traditional criminal law focuses primarily on identifying and punishing the offender. Deepfake  abuse demonstrates why victim-centred remedies are equally important. 

For a victim, the immediate priority may be removal rather than eventual conviction. A harmful  image can cause significant damage during the period between publication and adjudication. 

Accordingly, effective remedies should include: 

1. Rapid reporting mechanisms; 

2. Prompt preservation of evidence; 

3. Removal or disabling of unlawful content; 

4. Protection of the victim’s identity; 

5. Accessible cybercrime reporting; 

6. Coordination between law-enforcement agencies and platforms; 

7. Specialised support for child victims; and 

8. Appropriate compensation and rehabilitation mechanisms where legally available. 

India’s National Cyber Crime Reporting Portal also provides mechanisms for reporting  cybercrimes, including crimes against women and children. Government information further  indicates that the portal has developed mechanisms relevant to suspicious digital entities and  deepfake-related reporting. 

The effectiveness of such mechanisms, however, depends upon public awareness and the speed  with which complaints are processed. 

10. Need for a Balanced Regulatory Approach 

The objective should not be to prohibit synthetic media as a category.

AI-generated content has legitimate uses. Overbroad regulation could affect satire, artistic  expression, education, research and technological innovation. The appropriate regulatory distinction should therefore focus on harmful use rather than  technology itself. 

A legally sustainable framework should consider factors such as: 

• Consent; 

• Sexualisation; 

• Impersonation; 

• Intent to deceive or harm; 

• Involvement of minors; 

• Privacy invasion; 

• Threats or extortion; 

• Dissemination scale; 

• Actual or reasonably foreseeable harm; and 

• Whether the content is clearly labelled as synthetic. 

The 2026 IT Rules amendments already move in this direction by distinguishing synthetically  generated information and introducing labelling, verification and technical obligations. 

Future legislative development should continue to preserve this distinction. 

11. Recommendations 

11.1 Develop a Clear Legal Classification 

India could consider developing clearer statutory terminology for malicious synthetic sexual  content, while avoiding a definition so broad that it captures harmless AI-generated expression. 

11.2 Strengthen Rapid Removal Mechanisms 

Victims should have simple and accessible mechanisms for reporting non-consensual intimate  imagery and synthetic sexual content. Special procedures should be available for children. 

11.3 Improve Platform Accountability 

Large platforms should maintain effective detection systems, preserve relevant evidence when  legally required, and establish dedicated mechanisms for high-risk content involving women and  children.

11.4 Build Forensic Capacity 

Cybercrime units require trained personnel and technological tools capable of detecting synthetic  media and establishing its provenance. 

11.5 Strengthen Child-Specific Safeguards 

Where children are involved, the response should integrate POCSO, IT law, data protection and  child-welfare mechanisms rather than treating the incident merely as an ordinary cybercrime. 

11.6 Protect Victim Identity 

Legal proceedings, reporting mechanisms and media coverage should ensure that victims are not  subjected to secondary exposure or further circulation of harmful material. 

11.7 Promote Digital Literacy 

Women, children, parents, educational institutions and the general public should be educated  about synthetic media, privacy settings, reporting mechanisms and preservation of digital  evidence. 

12. Conclusion 

AI-generated deepfakes demonstrate that technological development can create forms of harm  that existing legal categories were not originally designed to address. 

India’s legal framework is not without remedies. The IT Act provides provisions dealing with  identity theft, impersonation, privacy violations and obscene or sexually explicit electronic  material. The BNS contains offences that may apply to particular forms of sexual harassment,  voyeurism, stalking and intrusion upon a woman’s privacy. POCSO establishes specialised  protection for children against sexual offences and pornography-related exploitation. The IT  Rules impose intermediary due-diligence obligations, while the 2026 amendments have  introduced a more explicit regulatory framework concerning synthetically generated information. 

The central weakness therefore lies not simply in the absence of legislation but in fragmentation,  enforcement and technological complexity. 

The legal response to deepfakes must recognise that digital harm can be real even when the  depicted event never occurred. A fabricated sexual image may be fictional as a matter of content  but genuine as a source of privacy, dignity and reputational harm to the person whose identity  has been appropriated.

At the same time, regulation must avoid treating all AI-generated material as unlawful. The law  should distinguish legitimate synthetic expression from content that exploits, deceives, sexually  objectifies or harms identifiable individuals. 

For women, this requires stronger recognition of technology-facilitated gender-based violence.  For children, it requires an especially protective framework that combines POCSO, cyber law,  intermediary regulation and data protection. 

The future of digital regulation in India should therefore move toward a victim-centred,  technologically informed and rights-compatible framework. The objective should not be to  restrict artificial intelligence itself, but to ensure that technological innovation does not become a  means through which privacy, dignity, equality and the safety of women and children are  undermined. 

References / Primary Legal Sources 

1. Constitution of India, 1950. 

2. Information Technology Act, 2000. 

3. Information Technology (Intermediary Guidelines and Digital Media Ethics Code)  Rules, 2021, as amended. 

4. Bharatiya Nyaya Sanhita, 2023. 

5. Protection of Children from Sexual Offences Act, 2012. 

6. Digital Personal Data Protection Act, 2023. 

7. K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1. 

8. Joseph Shine v. Union of India, (2019) 3 SCC 39. 

9. Gazette Notification G.S.R. 120(E), dated 10 February 2026, amending the IT Rules,  2021. 

10.Ministry of Electronics and Information Technology, Government of India, materials  concerning synthetically generated information and the 2026 IT Rules amendments.

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