How to Report Deepfake Extortion under the New IT Rules and Bharatiya Nyaya Sanhita (BNS), 2023
Abstract
Artificial Intelligence (AI) has transformed the digital ecosystem by enabling rapid innovation in communication, entertainment, governance, and commerce. However, the same technology has also facilitated the rise of sophisticated cybercrimes, particularly “deepfake” manipulation. Deepfakes refer to AI-generated or AI-altered videos, audio recordings, images, or digital content that falsely imitate the appearance, voice, or identity of a person with remarkable realism. The misuse of such technology has led to a surge in cyber extortion, online harassment, reputational damage, political misinformation, identity theft, and digital sexual exploitation.
In recent years, India has witnessed an increase in incidents involving fake obscene videos, AI-generated voice scams, fabricated political speeches, and deepfake-based sextortion. Such activities threaten not only individual dignity and privacy but also public order, democratic integrity, and cybersecurity. The emergence of these crimes has necessitated stronger legal mechanisms capable of addressing technologically advanced forms of deception.
The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), along with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, has created a modernized framework to combat cyber-enabled offences. These laws collectively address identity theft, cheating by personation, extortion, criminal intimidation, obscenity, forgery, and misuse of electronic records.
This article critically examines the concept of deepfake extortion, the legal remedies available under Indian law, constitutional implications, reporting mechanisms, investigative challenges, international developments, landmark incidents, and the reforms required to effectively regulate AI-generated crimes in India.
Introduction
Meaning of Deepfake Technology
The term “deepfake” is derived from the combination of “deep learning” and “fake.” It refers to synthetic media generated through Artificial Intelligence and Machine Learning algorithms, especially Generative Adversarial Networks (GANs), which can manipulate visual and audio content to create highly realistic but false representations.
Deepfake technology enables the creation of fabricated videos, images, and voice recordings that appear authentic. AI systems are trained using large datasets of photographs, videos, and voice samples of a target individual. Thereafter, the system generates manipulated content that closely resembles the original person.
Today, AI applications can:-
Clone a person’s voice within minutes;
Superimpose faces onto another person’s body;
Generate fake speeches and interviews;
Produce realistic videos of events that never occurred.
Growth of Cyber Extortion through Deepfakes
The rapid accessibility of AI tools has enabled cybercriminals to weaponize deepfake technology for extortion. Criminals frequently create fake intimate images or videos and threaten victims with public circulation unless money or favors are provided. Such crimes are commonly known as “deepfake sextortion.”
Examples include:
Fabricated obscene videos of women circulated on social media;
AI-generated audio clips impersonating family members to demand urgent financial transfers;
Fake corporate video calls directing employees to transfer company funds;
Political deepfakes used to manipulate elections and public opinion.
Why Deepfake Crimes Have Become a Serious Threat in India
India’s expanding digital infrastructure, widespread social media usage, and increasing smartphone penetration have amplified the dangers associated with deepfake misuse. The threat has become severe due to:
Lack of digital awareness among citizens;
Rapid virality of manipulated content;
Delayed takedown mechanisms;
Psychological trauma caused to victims;
Weak AI detection capabilities.
Deepfake crimes particularly affect women, public figures, journalists, politicians, and corporate entities. Victims often suffer humiliation, mental distress, financial losses, reputational destruction, and social ostracization.
Meaning and Nature of Deepfake Crimes
A deepfake crime occurs when AI-generated or manipulated content is used unlawfully to deceive, exploit, intimidate, or extort another person.
Difference between Edited Content and AI-Generated Impersonation
Traditional editing merely alters existing media through conventional software. Deepfakes, however, involve AI-generated synthetic impersonation capable of creating entirely fabricated speech, appearance, gestures, and expressions.
Thus, deepfakes are more dangerous because:
They are difficult to detect;
They appear highly authentic;
They can fabricate events entirely.
Forms of Deepfake Crimes
1. Deepfake Pornography
AI-generated obscene images or videos are created using a victim’s face and circulated online.
2. Voice Cloning Fraud
Criminals imitate voices of relatives, employers, or officials to obtain money or confidential information.
3. Fake Celebrity Endorsements
Celebrities are falsely shown promoting financial schemes or products.
4. Corporate Scams
Fraudsters impersonate company executives during video calls to authorize illegal transactions.
5. Political Misinformation
Manipulated speeches and videos are circulated to influence elections or provoke communal unrest.
6. Sextortion
Victims are threatened with publication of fake intimate content unless ransom is paid.
Legal Framework in India
A. Constitutional Perspective
Article 19(1)(a) – Freedom of Speech and Expression
The Constitution of India guarantees freedom of speech and expression under Article 19(1)(a). However, this freedom is not absolute.
Under Article 19(2), reasonable restrictions may be imposed in the interests of:
Defamation;
Public order;
Decency and morality;
Security of the State.
Deepfake content often violates these restrictions because it promotes deception, obscenity, defamation, and public disorder.
Right to Privacy under Article 21
The right to privacy has been recognized as a fundamental right under Article 21.
Landmark Case:
Justice K.S. Puttaswamy v. Union of India
The Supreme Court held that informational privacy and bodily autonomy form part of the fundamental right to life and personal liberty.
Deepfake pornography and AI impersonation directly violate:
Informational privacy;
Sexual autonomy;
Dignity;
Reputation.
Freedom of Speech versus Protection from Digital Abuse
Landmark Case:
Shreya Singhal v. Union of India
The Supreme Court struck down Section 66A of the IT Act due to vagueness but upheld the importance of lawful restrictions on harmful online content.
The judgment emphasizes that while free speech is protected, unlawful digital abuse cannot claim constitutional immunity.
B. Relevant Provisions under Bharatiya Nyaya Sanhita (BNS), 2023
The Bharatiya Nyaya Sanhita, 2023 modernizes criminal law and is applicable to multiple forms of deepfake offences.
Relevant Offences Applicable to Deepfake Extortion
1. Identity Theft and Personation
Using AI-generated content to impersonate another individual may constitute cheating by personation.
2. Extortion
Demanding money or favors by threatening publication of deepfake content constitutes extortion.
3. Criminal Intimidation
Threatening victims with circulation of manipulated intimate content attracts criminal intimidation provisions.
4. Defamation
False AI-generated videos harming reputation amount to criminal defamation.
5. Publishing Obscene Material
Circulation of sexually explicit deepfake media attracts obscenity-related offences.
6. Sexual Harassment
Non-consensual creation and circulation of deepfake intimate images may amount to sexual harassment and outraging modesty.
7. Forgery Using Electronic Records
Creation of fake electronic evidence and manipulated digital records amounts to forgery.
8. Cyber Fraud
Use of AI-generated impersonation to induce delivery of property or money constitutes cyber fraud.
Punishments and Consequences
Depending on the gravity of the offence, punishments may include:
Imprisonment;
Monetary fines;
Seizure of electronic devices;
Compensation to victims.
Courts may also order removal of unlawful content and preservation of digital evidence.
How Deepfake Extortion Fits within BNS
Deepfake extortion generally involves the following legal ingredients:
Creation of false AI-generated content;
Intent to deceive or intimidate;
Threat of publication or circulation;
Demand for money, sexual favors, or compliance.
Illustration
Suppose a cybercriminal generates a fake intimate video of a college student and threatens to circulate it among family members unless ₹50,000 is paid. Such conduct may simultaneously constitute:
Extortion;
Criminal intimidation;
Defamation;
Publication of obscene material;
Identity misuse.
Therefore, deepfake extortion is not a single isolated offence but a combination of interconnected cybercrimes.
C. Information Technology Act, 2000 and New IT Rules
The Information Technology Act, 2000 remains the principal legislation governing cyber offences.
Relevant Provisions of the IT Act
Section 66C
Punishes identity theft involving electronic signatures, passwords, or unique identification features.
Section 66D
Punishes cheating by personation using computer resources.
Section 66E
Protects privacy against unauthorized capture and transmission of private images.
Section 67
Punishes publication or transmission of obscene electronic material.
Section 67A
Punishes sexually explicit electronic content.
Section 72
Punishes breach of confidentiality and privacy.
Intermediary Guidelines and Digital Media Ethics Code Rules
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 impose obligations upon social media intermediaries and digital platforms.
Obligations of Social Media Platforms
Platforms must:
Remove unlawful content upon receiving valid complaints;
Appoint grievance officers;
Exercise due diligence;
Assist law enforcement agencies.
Safe Harbour Protection
Intermediaries enjoy “safe harbour” protection only if they comply with due diligence obligations. Failure to remove unlawful deepfake content may expose platforms to liability.
Role of CERT-In and Cyber Authorities
Indian Computer Emergency Response Team
CERT-In functions as the national nodal agency for cybersecurity incidents. It assists in:
Incident response;
Cyber forensic coordination;
Threat intelligence;
Technical investigation.
National Cyber Crime Reporting Mechanism
The Government of India operates the:
National Cyber Crime Reporting Portal
Victims can file complaints relating to:
Cyber harassment;
Sextortion;
Online fraud;
Deepfake abuse.
Step-by-Step Procedure to Report Deepfake Extortion in India
Step 1 – Preserve Evidence
The victim should immediately preserve all available digital evidence.
Important Evidence Includes:
Screenshots;
URLs and profile links;
Chat backups;
Email records;
Audio and video files;
Transaction details;
Metadata and timestamps.
Victims must avoid deleting messages because digital traces are essential for forensic analysis.
Step 2 – Report on National Cyber Crime Portal
Victims should file a complaint through:
National Cyber Crime Reporting Portal�
Procedure:
Select “Report Cyber Crime”;
Choose relevant category;
Upload evidence;
Provide suspect details if available;
Submit complaint and retain acknowledgment number.
Cases involving women and children receive priority attention.
Step 3 – File an FIR
Victims should approach the nearest police station or cyber police station.
Important Legal Aspects**
Jurisdiction
Cyber offences may involve multiple locations. FIRs can generally be registered where:
Victim resides;
Threat was received;
Harm occurred.
Zero FIR
Police must register a Zero FIR even if territorial jurisdiction is absent.
Documents Required
Identity proof;
Complaint application;
Screenshots and digital evidence;
Device details;
URLs and transaction records.
Step 4 – Report to Social Media Platforms
Victims should immediately submit takedown requests to platforms such as:
YouTube
X (formerly Twitter)
Takedown Requests Should Include:
URL of content;
Proof of identity;
Explanation of violation;
Screenshots.
Under IT Rules, intermediaries must address grievances within prescribed timelines.
Step 5 – Approach CERT-In or Cyber Cell
Victims may also approach:
State Cyber Cells;
CERT-In;
Specialized cyber forensic units.
Cyber forensic experts analyze:
IP addresses;
Metadata;
Device logs;
Blockchain trails;
AI generation markers.
Investigation Challenges in Deepfake Crimes
1. Anonymity of Offenders
Criminals frequently use VPNs, fake accounts, and encrypted platforms.
2. Cross-Border Nature
Servers and perpetrators may be located outside India.
3. AI Sophistication
Advanced AI models generate highly realistic content difficult to detect.
4. Delay in Takedown
Viral circulation causes irreversible reputational harm before removal.
5. Evidentiary Challenges
Authenticating AI-generated content requires expert forensic analysis.
6. Lack of Digital Literacy
Victims often fail to preserve evidence properly.
International Perspective
United States
Several American states criminalize malicious deepfakes, particularly:
Election-related deepfakes;
Non-consensual intimate imagery.
Federal agencies are increasingly regulating AI misuse.
European Union
The European Union Artificial Intelligence Act emphasizes:
Transparency obligations;
AI risk classification;
Disclosure requirements for synthetic media.
China
China mandates clear labeling of AI-generated synthetic content and imposes strict platform accountability.
Landmark Cases and Real-Life Incidents
1. Deepfake Celebrity Misuse
Several Indian actresses and public personalities have become victims of AI-generated manipulated videos circulated online. Such incidents triggered public debate on digital consent and platform responsibility.
2. Political Deepfake Controversies
International elections have witnessed circulation of fake speeches and manipulated campaign videos intended to mislead voters.
3. AI Voice Fraud Cases
Globally, fraudsters have used cloned executive voices to authorize financial transfers worth millions of dollars.
4. Sextortion Incidents
College students and professionals have reported blackmail involving fabricated intimate images generated through AI tools.
Legal Implications
These incidents demonstrate violations involving:
Privacy;
Defamation;
Extortion;
Cyber fraud;
Obscenity laws.
Preventive Measures and Public Awareness
1. Digital Literacy
Citizens must be educated regarding:
Verification of online content;
Reporting mechanisms;
Cyber hygiene practices.
2. AI Watermarking
AI-generated media should contain identifiable digital markers.
3. Stronger Platform Accountability
Social media companies must deploy AI detection systems and rapid takedown mechanisms.
4. Public Reporting Mechanisms
Easy and accessible reporting channels encourage timely complaints.
5. Ethical AI Development
Technology companies must ensure responsible AI deployment with safeguards against misuse.
Suggestions and Reforms
1. Dedicated Deepfake Legislation
India should enact a specialized statute addressing:
AI impersonation;
Synthetic media abuse;
Non-consensual deepfake creation.
2. Faster Takedown Mechanisms
Emergency removal protocols should be introduced for explicit or harmful deepfake content.
3. AI Detection Infrastructure
Government agencies should invest in advanced forensic AI detection tools.
4. Specialized Cyber Forensic Units
Dedicated units with AI expertise are essential for effective investigation.
5. International Cooperation
Mutual legal assistance treaties and cross-border cyber coordination must be strengthened.
6. Victim Compensation Mechanisms
Victims should receive psychological, legal, and financial support.
7. Judicial Training
Judicial officers and prosecutors require specialized training regarding:
AI evidence;
Digital forensics;
Synthetic media identification.
Conclusion
The rise of deepfake technology represents one of the most serious challenges posed by Artificial Intelligence in the modern digital era. While AI possesses transformative potential for innovation and development, its misuse for extortion, impersonation, and reputational destruction threatens constitutional rights, personal dignity, democratic integrity, and cybersecurity.
India’s legal framework, particularly the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, and the IT Rules, provides significant mechanisms to address such offences through provisions relating to extortion, obscenity, personation, forgery, criminal intimidation, and cyber fraud. Nevertheless, technological advancement continues to outpace legal enforcement capacities.
Effective regulation of deepfake crimes requires a multi-dimensional strategy involving strict legal enforcement, rapid takedown systems, international cooperation, cyber forensic advancement, ethical AI governance, and widespread public awareness. Simultaneously, the law must preserve the delicate balance between technological innovation, freedom of expression, and protection of privacy and dignity.
In the coming years, the battle against deepfake extortion will not merely be a legal challenge but a broader constitutional and societal struggle to preserve truth, identity, trust, and human dignity in the digital age.
