LIJDLR

FROM VICTIM TO VILLAIN: A FORENSIC AND LINGUISTIC INQUIRY INTO THE CONSTRUCTION OF CRIMINAL IDENTITY IN THE AGE OF DEEPFAKES

Neha Goyal, Assistant Prof. at Indore Institute of Law (India)

Siddharth Sinha, Assistant Prof. at Indore Institute of Law (India)

Deepfake technology has transformed the creation and dissemination of digital content by enabling the generation of highly realistic synthetic audio, video, and images. While these tools have legitimate applications in entertainment, education, and accessibility, their misuse has created significant challenges for criminal law, evidentiary standards, and the protection of personal identity. This paper examines how deepfakes alter the construction of criminal identity by transforming victims into perceived offenders through fabricated but persuasive digital media. Using a doctrinal, comparative, and case study methodology, the paper analyses the Indian legal framework, including the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, the Protection of Children from Sexual Offences Act, 2012, and the Copyright Act, 1957. It further compares regulatory developments in the United Kingdom, the United States, and the European Union, with particular reference to the Online Safety Act 2023, the proposed NO FAKES Act, the DEEPFAKES Accountability Act, and the EU Artificial Intelligence Act. Drawing on case studies involving financial fraud, intimate image abuse, family court evidence, political manipulation, and reputational attacks, the study highlights the role of digital forensics and forensic linguistics in authenticating disputed content and exposing synthetic identities. The findings reveal significant gaps in Indian law, including the absence of deepfake-specific offences, limited platform accountability, and inadequate evidentiary protocols. The paper recommends targeted legislative amendments, specialised forensic-linguistic laboratories, AI-based verification systems, judicial training, and public awareness initiatives to strengthen victim protection, preserve evidentiary integrity, and restore trust in digital media.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 989–1021.
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