Regulating Deepfakes and Synthetic Media under India's New Criminal Laws (BNS)

The advent of artificial intelligence has given rise to deepfakes — hyper-realistic synthetic media capable of fabricating the words, actions, and identities of real individuals. In India, the viral spread of a non-consensual deepfake video of actress Rashmika Mandanna in 2023 exposed the alarming inadequacy of the existing legal framework in addressing AI-generated harm. This article examines how India's newly enacted Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code with effect from 1 July 2024, approaches the regulation of deepfakes and synthetic media. Through an analysis of relevant BNS provisions including Sections 319, 336, 351, 353, and 354, read alongside the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, the article argues that while the BNS provides a fragmented but functional basis for prosecuting deepfake-related offences, it falls significantly short of a coherent regulatory response. The article identifies key gaps including the absence of a standalone deepfake offence, inadequate penalties, and the lack of proactive platform obligations, and concludes with a call for dedicated synthetic media legislation drawing from international models including the EU AI Act and China's deepfake regulations.