LIJDLR

Artificial Intelligence

DEEPFAKE AND PERSONALITY RIGHTS IN INDIA: NEED FOR A SEPARATE LEGAL FRAMEWORK

Volume IV Issue II /

DEEPFAKE AND PERSONALITY RIGHTS IN INDIA: NEED FOR A SEPARATE LEGAL FRAMEWORK Anju Bala, BBA LL.B., Student at Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University (A Central University), Lucknow (India) Aayush Verma, Ph.D. Scholar at Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University (A Central University), Lucknow (India) Prof. (Dr.) Sudarshan Verma, Head at Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, (A Central University), Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.235 The digital revolution and the rapid proliferation of Artificial Intelligence (AI) technologies have fundamentally transformed the landscape of personal identity and its protection under law. Among the most alarming manifestations of this transformation is the emergence of deepfakes hyper-realistic, AI-generated audio-visual simulations that replicate an individual’s voice, likeness, and mannerisms without consent. India, like most jurisdictions, lacks a dedicated statutory framework for protecting personality rights against such technologically sophisticated violations. The existing legal architecture comprising the Copyright Act, 1957, the Trade Marks Act, 1999, the Information Technology Act, 2000, and tortious principles of passing off provides only fragmented, reactive protection, leaving significant legislative gaps that adversely affect celebrities, public figures, and ordinary citizens alike. Indian courts have, through a series of landmark judgments spanning three decades, fashioned a judicially crafted doctrine of personality rights grounded in the fundamental right to privacy and dignity under Article 21 of the Constitution. From the Auto Shankar case (1994) to the recent wave of injunctions in 2025 involving celebrities such as Abhishek Bachchan, Ravi Shankar, Asha Bhosle, and Sunil Shetty, the judiciary has demonstrated remarkable adaptability. However, judicial innovation alone cannot substitute for comprehensive legislative action, particularly in an era where deepfake content spreads virally across global platforms within hours. This paper undertakes a doctrinal and comparative analysis of the existing legal framework for personality rights in India, examines the specific threats posed by deepfake technology, critiques the inadequacy of current statutory provisions, and proposes a dedicated Personality Rights Protection Act. It further draws upon comparative models from the United States, the European Union, and emerging international consensus under the World Intellectual Property Organization (WIPO) to recommend a comprehensive, technology-responsive legislative regime for India.

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AI, CREDIBILITY, AND EVIDENCE IN ASYLUM LAW: DIALECT RECOGNITION, TRANSCRIPT SUMMARISATION, DOCUMENT ANALYSIS, AND COUNTRY-OF-ORIGIN RESEARCH

Volume IV Issue II /

AI, CREDIBILITY, AND EVIDENCE IN ASYLUM LAW: DIALECT RECOGNITION, TRANSCRIPT SUMMARISATION, DOCUMENT ANALYSIS, AND COUNTRY-OF-ORIGIN RESEARCH Rajeev Meena, LL.M. (Business Law), University of California, Davis School of Law, California, USA. Advocate enrolled with the Bar Council of Rajasthan, India. Legal Researcher and AI Legal Evaluation Specialist focusing on the intersection of Law, Artificial Intelligence, Intellectual Property, and Legal Education Download Manuscript doi.org/10.70183/lijdlr.2026.v04.225 Artificial intelligence is increasingly entering refugee status determination through tools such as dialect recognition, name transliteration, speech transcription, transcript summarisation, document analysis, country-of-origin research, and case matching. These tools are often presented as instruments of efficiency, consistency, and administrative support. Yet, in asylum law, they operate within a field where proof is already fragile and credibility is often decisive. Applicants may flee without documents, lose evidence during displacement, face trauma-related memory gaps, or remain unable to obtain corroboration from unsafe States. In such conditions, AI-shaped evidence may not merely assist decision-makers. It may silently influence how truth, identity, origin, and risk are understood. This paper examines the legal reliability standard that should govern AI-assisted evidence in asylum adjudication. It argues that technical accuracy alone cannot justify evidentiary reliance. Asylum decisions require legal trustworthiness, which must include explainability, traceability, data quality, contestability, human oversight, and protection against sole or decisive reliance on automated outputs. The paper analyses the doctrinal foundation of credibility assessment, the benefit of doubt principle, evidentiary vulnerability of asylum seekers, and the risks of administrative over-reliance on technical tools. It further evaluates the EU AI Act, especially its classification of asylum-related AI systems as high-risk, and considers its relationship with asylum law safeguards, non-refoulement, individual assessment, and the right to an effective remedy. The paper concludes that AI may assist asylum decision-making, but it must never replace human legal judgment. In refugee protection, technology must remain subordinate to fairness, reasons, and the duty to protect people from persecution and serious harm.

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DIGITAL EVIDENCE, AI, AND CRIMINAL TRIALS IN INDIA: A CRITICAL ANALYSIS

Volume IV Issue II /

DIGITAL EVIDENCE, AI, AND CRIMINAL TRIALS IN INDIA: A CRITICAL ANALYSIS Puneet Kumar Rastogi, B.A.LL.B.(H), 9th Semester, Student at Faculty of Law, University of Allahabad (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.220 The operational framework of criminal investigations and trials in India is undergoing a structural transformation due to rapid advances in consumer electronics, cloud storage, encrypted communications, algorithmic databases, and artificial intelligence. Investigating agencies increasingly rely on data drawn from remote servers, mobile devices, transient messaging platforms, automated forensic systems, and synthetic-media environments to reconstruct criminal conduct. This paper undertakes a doctrinal and constitutional critique of the statutory framework governing electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), particularly the admissibility regime created by Section 63 and the certificate mechanism under Section 63(4). It argues that the BSA modernizes Indian evidence law by placing electronic records within the mainstream of documentary proof and by introducing clearer distinctions between primary and secondary electronic evidence. However, the paper also finds that the dual-certification model, while improving reliability through custodian and expert validation, may create practical burdens for police agencies and forensic laboratories unless supported by adequate infrastructure and standardized procedures. The analysis further examines the evidentiary risks posed by artificial intelligence, deepfakes, opaque forensic software, and machine-generated outputs. It contends that metadata verification and hash-value integrity, though essential, are insufficient where synthetic media is created as an original digital file. In such cases, courts must demand deeper forensic scrutiny, source-code accountability, error-rate disclosure, and algorithmic transparency. The paper concludes that Article 21’s guarantee of fair trial and due process requires a right to meaningful challenge against automated or AI-assisted evidence, ensuring that technological efficiency does not override constitutional safeguards in Indian criminal trials.

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LEGAL CHALLENGES OF AI-GENERATED CONTENT UNDER COPYRIGHT LAW: AN INDIAN PERSPECTIVE

Volume IV Issue II /

LEGAL CHALLENGES OF AI-GENERATED CONTENT UNDER COPYRIGHT LAW: AN INDIAN PERSPECTIVE Sanya Singh, B.A. LLB. (H), 7th Semester, Student at Amity University Gurugram (India) Prerna Sihag, B.A. LLB. (H), 7th Semester, Student at Amity University Gurugram (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.215 Artificial intelligence has changed how creative content is made — and Indian copyright law simply hasn’t caught up. The Copyright Act of 1957 was written with human creators in mind and is relatively silent when systems like GPT-4, Stable Diffusion, or Mid journey produce entire works independently. Who owns the output? Was training on copyrighted data even legal? The uncertainty is real, and its consequences are growing. This paper works through four questions: whether AI-generated works qualify for protection under Indian law; who holds authorship and ownership rights; when training AI on copyrighted material becomes infringement; and whether Section 52’s fair dealing provisions can realistically handle generative AI. It draws on doctrinal analysis and compares India’s approach against the US, EU, UK, Japan, and Singapore. The gaps are hard to ignore. No data mining exception, no framework for computer-generated authorship, no deepfake legislation — courts are stretching decades-old rules over problems they were never meant to solve. Though the ANI Media case against OpenAI highlights mounting pressure, no single verdict can resolve deep-rooted flaws. A judge’s decision might clarify legal boundaries – yet systemwide issues remain untouched. For India, progress means rethinking copyright with precise guidelines on who made what. Licensing systems for data used in machine learning could follow. Clearer expectations around disclosure might support artists while keeping new ideas flowing. Rules should balance fairness and invention, nothing more. The paper recommends a calibrated statutory framework that preserves protection for demonstrable human creative contribution, clarifies ownership where AI functions as a tool, introduces a limited and transparent data mining/licensing mechanism for training datasets, and strengthens disclosure duties for AI-assisted works. Such reform would better balance creator protection, legal certainty and innovation in India’s emerging AI economy.

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INTEGRATION OF ARTIFICIAL INTELLIGENCE IN CORPORATE MANAGEMENT: OPPORTUNITIES, CHALLENGES, AND ETHICAL IMPLICATIONS IN INDIA

Volume IV Issue II /

INTEGRATION OF ARTIFICIAL INTELLIGENCE IN CORPORATE MANAGEMENT: OPPORTUNITIES, CHALLENGES, AND ETHICAL IMPLICATIONS IN INDIA Adv. Akshat Chauhan, LLM (Corporate Law), Scholar at IILM University, Greater Noida (India) Ms. Garima Mohan Prasad, Assistant Professor at IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.190 Artificial intelligence (AI) is increasingly transforming corporate management in India by influencing managerial decision-making, workflow automation, compliance monitoring, customer engagement, financial analysis, risk assessment, and strategic planning across diverse business sectors. In the Indian regulatory landscape, AI adoption is developing within a governance framework shaped by policy initiatives and soft-law guidance issued by NITI Aayog and the Ministry of Electronics and Information Technology (MeitY), alongside sector-specific oversight by regulatory authorities such as the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI). The enactment of the Digital Personal Data Protection Act, 2023 has further established an important legal foundation for the lawful processing and protection of personal data used in AI-driven managerial systems. This paper examines the opportunities, challenges, and ethical implications associated with the integration of AI into corporate management practices in India. Adopting a doctrinal and analytical research methodology, the study relies on statutory materials, regulatory papers, policy documents, and corporate case illustrations to evaluate the growing role of AI in contemporary business governance. The paper specifically analyses regulatory instruments including the DPDP Act, 2023, SEBI consultation papers concerning responsible AI usage, RBI observations on AI deployment in regulated entities, and policy frameworks developed by NITI Aayog and MeitY . The study finds that AI can significantly improve operational efficiency, predictive decision-making, compliance management, customer responsiveness, resource optimisation, and strategic agility within corporations. However, it also identifies substantial concerns relating to algorithmic bias, opacity, cybersecurity vulnerabilities, workforce displacement, data governance failures, and accountability deficits arising from automated decision-making systems. The paper concludes that India’s corporate sector should adopt a governance-oriented model of AI integration that combines innovation with board-level oversight, privacy safeguards, explainability standards, impact assessments, cybersecurity preparedness, and meaningful human supervision to ensure responsible and ethically compliant deployment of AI technologies in corporate management.

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ALGORITHMIC CORPORATE GOVERNANCE IN INDIA: BOARD ACCOUNTABILITY FOR AI-DRIVEN BUSINESS DECISIONS

Volume IV Issue II /

ALGORITHMIC CORPORATE GOVERNANCE IN INDIA: BOARD ACCOUNTABILITY FOR AI-DRIVEN BUSINESS DECISIONS Nayana M. S, LL.M, 4th Semester, Student at J.S.S Law College (India) Usharani M.C, Professor at J.S.S Law College (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.189 The increasing integration of Artificial Intelligence (AI) into corporate governance structures has transformed the manner in which companies undertake decision-making, risk assessment, compliance management, and strategic planning. While algorithmic systems enhance efficiency and predictive capabilities, they simultaneously create complex legal and governance concerns relating to transparency, accountability, fiduciary obligations, and regulatory oversight. This paper critically examines the legal implications of algorithmic corporate governance in India, with particular emphasis on the accountability of corporate boards and directors under the Companies Act, 2013. The study specifically analyses whether the fiduciary duties prescribed under Section 166 of the Act extend to AI-assisted decision-making processes and whether directors may be held responsible for harms arising from opaque or biased algorithmic systems. The research adopts a doctrinal and comparative methodology based upon statutory interpretation, judicial precedents, regulatory materials, and academic scholarship. In addition, the paper undertakes a comparative analysis of the European Union AI Act framework to evaluate evolving international standards concerning AI governance and corporate accountability. The study further examines issues relating to data governance, consumer protection, algorithmic bias, and regulatory compliance in AI-driven corporate operations. The paper argues that the existing Indian corporate governance framework remains insufficient to address the unique risks posed by algorithmic governance systems. It proposes the introduction of AI-specific corporate governance obligations, enhanced disclosure standards, board-level oversight mechanisms, algorithmic audit requirements, and clearer statutory liability principles to ensure responsible and accountable deployment of AI technologies within corporate entities.

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AI, FAIRNESS AND FINANCIAL DATA: A LEGAL STUDY OF INDIA’S UPDATED DATA PROTECTION RULES FOR BANKS

Volume IV Issue II /

AI, FAIRNESS AND FINANCIAL DATA: A LEGAL STUDY OF INDIA’S UPDATED DATA PROTECTION RULES FOR BANKS Pranav Kumar Saxena, B.A. LL.B. (H), LL.M., Associate Vice President (Legal), Kotak Mahindra Bank Ltd. (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.181 Artificial Intelligence (AI) now plays a central role in India’s banking sector. Banks depend on AI systems for scoring credit risk, detecting fraud, monitoring transactions, automating customer interactions and supporting compliance processes. These systems promise efficiency and scale, but they also rely on continuous processing of personal and financial data. This increases concerns about fairness, transparency, accuracy and privacy. The Digital Personal Data Protection Act 2023 (DPDP) and the Digital Personal Data Protection Rules notified in 2025 have introduced a detailed and structured framework to govern the processing of such data. These Rules include strict standards for consent, retention, deletion, breach reporting, cross-border transfers and automated decision making. They also create new classifications, Significant Data Fiduciaries, under which most banks are likely to fall. This paper examines how these updated Rules affect AI enabled banking in India. It studies how the Rules shape responsibilities related to fairness, accountability and transparency in automated decision making. It also compares India’s approach with global models such as the GDPR, China’s PIPL and the United States’ sector specific system. While the new Rules mark a major step forward for data governance, the paper argues that India still needs clearer standards on algorithmic fairness, explainability, vendor management and audit requirements. The aim is to support a regulatory environment that encourages innovation while protecting financial data and strengthening trust in AI driven banking.

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REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH

Volume IV Issue II /

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH Ishani Chhaudha, Asian Law College, Ccs University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.166 Artificial intelligence has evolved from a computational tool into a powerful medium of expression shaping identity, political communication, advertising, and social interaction. Deepfakes, synthetic audio, face swaps, voice cloning, and other forms of generative media create legal harms that intersect with privacy, defamation, fraud, cybercrime, intermediary liability, electoral integrity, and constitutional free speech. This article examines how the existing Indian legal framework including the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, the Bharatiya Nyaya Sanhita, 2023, and constitutional jurisprudence under Justice K.S. Puttaswamy v. Union of India and Shreya Singhal v. Union of India can be interpreted to regulate harmful synthetic media. Using a doctrinal and analytical methodology, the article distinguishes between legitimate uses of artificial intelligence in satire, education, accessibility, and artistic expression, and malicious deepfakes that infringe dignity, facilitate impersonation, mislead voters, enable cyber fraud, or threaten public safety. It argues that India should adopt a rights-based regulatory framework grounded in informed consent, data protection, platform due diligence, forensic evidence preservation, proportionate labelling, effective grievance redressal, victim remedies, and court-reviewable takedown mechanisms. The article concludes that artificial intelligence and deepfakes can be effectively regulated within India’s existing constitutional and statutory framework without undermining freedom of speech and democratic values.

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ARTIFICIAL INTELLIGENCE AS A JURIDICAL PERSON: RETHINKING ACCOUNTABILITY IN THE ERA OF AUTOMATED DECISION MAKING BY AI

Volume IV Issue II /

ARTIFICIAL INTELLIGENCE AS A JURIDICAL PERSON: RETHINKING ACCOUNTABILITY IN THE ERA OF AUTOMATED DECISION MAKING BY AI Aditya Pal, JRF-Ph.D., 2nd Semester, Scholar at SICMSS, Rashtriya Raksha University, Gandhinagar-382305 (India) Honey Shankhwar, LL.M (Business Law), 2nd Semester, Student at Dharmashastra National Law University (DNLU), Jabalpur-482001 (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.164 Artificial Intelligence OR simply AI has evolved rapidly from its humble beginnings in ‘cybernetics’ and ‘machine learning’ (ML) into a pervasive force which is now shaping governance, commerce and even social interactions. Following the trajectory of its evolution and developments like ‘Large Language Models’(LLMs), generative AI, Internet of Things (IoT), and the race of achieving ‘Artificial General Intelligence’, the time is now ripe to address the issue of accountability with regards to the ‘autonomous’ acts of AI systems. Traditional legal regimes were designed for humans and corporate entities. However, in the age of AI, it seems to be struggling to address the harms caused by autonomous acts of the AI systems, such as algorithmic biases in decision making, misinformation OR misrepresentation, accidents due to ‘self-driving’ (auto pilot) vehicles like in the case of a self-driving Uber vehicle (modified 2017 Volvo XC90 SUV operated by Uber’s Advanced Technologies Group) in 2018. This paper explores the idea of granting legal personality to AI so as to make it accountable, given the nature of evolution that it is going through. This research critically evaluates India’s fragmented and inadequate AI governance regime, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and India’s evolving AI policy architecture, spanning NITI Aayog’s National Strategy for Artificial Intelligence (#AIforALL, 2018), NITI Aayog’s Principles for Responsible AI (2021), and the Ministry of Electronics and Information Technology’s India AI Governance Guidelines (2025) issued under the IndiaAI Mission. It also undertakes a comparative analysis with global approaches, including the European Union’s AI Act and the regulatory approaches adopted by Japan and the United Arab Emirates toward AI accountability in commercial contexts. Arguments for and against granting juridical personality to AI are also examined. This paper proposes a ‘hybrid’ approach of granting ‘quasi-juridical’ personhood to AI in India, while combining shared accountability between the developers and deployers of AI systems alongside AI system itself.

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AI AUTONOMY VS HUMAN CONTROL: BALANCING INNOVATION, ACCOUNTABILITY AND GOVERNANCE

Volume IV Issue I /

AI AUTONOMY VS HUMAN CONTROL: BALANCING INNOVATION, ACCOUNTABILITY AND GOVERNANCE Aaryan Naresh Parekh, BBA LLB, 10th Semester, Student at MIT World Peace University (India) Janhavi Vinod Shrungare, BBA LLB, 8th Semester, Student at MIT World Peace University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.144 Artificial intelligence has become a disruptive force that is changing governance, decision-making, and how people engage with technology. Significant concerns about accountability, human oversight, privacy, justice, and the suitability of current legal and regulatory frameworks emerge as AI systems get more autonomous. This study highlights the need to strike a balance between responsible governance and technological innovation by examining the growing conflict between AI autonomy and human control. The paper looks at how artificial intelligence has evolved conceptually, how autonomous decision-making is becoming more and more important, and how crucial it is to maintain meaningful human control in high-impact and rights-sensitive fields. In addition to recognising the benefits of AI in improving efficiency, lowering human error, encouraging innovation, and expanding access across industries like healthcare, education, finance, and governance, the study examines significant legal issues brought on by AI autonomy, such as accountability gaps, data protection issues, algorithmic discrimination, and ethical quandaries. In order to assess new models of AI regulation, it also looks at comparative regulatory approaches and jurisprudential viewpoints, especially in the US, UK, EU, and India. In order to determine whether current legal frameworks sufficiently handle the challenges presented by autonomous AI systems, the study uses doctrinal and analytical research methods and is based on legislation, case law, policy instruments, and academic literature. The study contends that a human-centric and risk-based governance system based on responsibility, transparency, and effective supervision is necessary, as neither unbridled AI autonomy nor stringent human control will provide a workable answer. The study comes to the conclusion that responsible autonomy where innovation advances within moral and legal bounds that uphold rights while facilitating technological advancement is the key to the future of AI governance.

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