DEEPFAKES, DIGITAL MANIPULATION AND THE FUTUTRE OF EVIDENTIARY INTEGRITY

Abstract

The rise of artificial intelligence and machine learning has altered the digital environment while eroding the reliability of digital content. Deepfakes are artificial media in which a person’s likeness or voice is effectively produced, blurring the line between legitimate and altered evidence. The increased prevalence of deepfakes and digital manipulation poses a significant threat to evidentiary integrity, which is the foundation of justice delivery. This chapter investigates how the authenticity, admissibility, and trustworthiness of digital evidence are jeopardized in the age of AI-generated fabrication. Drawing on the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (BSA) which recognize electronic and digital records as documentary and primary evidence, the study highlights the difficulties courts face in verifying manipulated or synthetic content. Despite partial coverage under the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023, and the Bharatiya Nyaya Sanhita, 2023, India currently lacks a specific legislative framework to address the creation and dissemination of deepfakes. The research further explores the need for a comprehensive Deepfake Prevention and Regulation Act to provide clear definitions, penalties, and regulatory mechanisms. In addition, it discusses the role of technological innovations in preserving evidentiary credibility. The chapter concludes that the future of evidentiary integrity in India depends on an integrated approach combining legal reform, technological intervention, social media accountability, and enhanced judicial capacity to confront emerging digital threats.