DEEPFAKE EVIDENCE IN INDIAN COURTS: CAN TRUTH BE AUTHENTICATED?

The rapid advancement of generative artificial intelligence has transformed deepfakes from a technological curiosity into a serious evidentiary challenge for legal systems worldwide. This article examines whether India's framework governing electronic evidence is capable of distinguishing authentic digital records from sophisticated synthetic media. Focusing on the evidentiary requirements under the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023, the paper argues that existing law authenticates the integrity of digital processes rather than the truthfulness of digital content. While statutory provisions and judicial precedents ensure the reliability of electronic records through certification and expert evidence, they remain inadequate for detecting AI-generated fabrications capable of manipulating human perception. Drawing upon comparative developments in the European Union, China, and emerging international technical standards, the article demonstrates that India lacks a comprehensive legal framework governing the authentication of deepfake evidence. It proposes a multi-layered reform model comprising mandatory provenance metadata, standardized forensic protocols, specialized expert evaluation, and a rebuttable presumption of inauthenticity where reliable provenance cannot be established. The article concludes that preserving the integrity of judicial proceedings in the age of synthetic media requires a shift from verifying the source of electronic evidence to verifying its substantive authenticity, supported by legislative intervention and technologically informed evidentiary standards.