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The new legislation is expected to provide greater legal clarity and stronger deterrence against these evolving forms of cybercrime
Digital arrest scams involve fraudsters posing as police, CBI, ED or other government officials, coercing victims into transferring money under the false claim that they are under investigation. (AI-Generated Image)
The Centre is likely to introduce a new law in the ongoing Monsoon Session of Parliament that would make AI-generated deepfakes and ‘digital arrest’ scams separate criminal offences, marking India’s biggest legal overhaul to tackle emerging cybercrimes powered by artificial intelligence.
The move comes after a three-judge bench of the Supreme Court, headed by CJI Surya Kant, and Justices Joymalya Bagchi and V Mohanthe, observed on Tuesday that existing criminal laws do not specifically define either offence, making prosecution and enforcement more difficult. The proposed legislation aims to plug that legal gap by creating dedicated offences with clearly defined punishments.
“Do you have to define formally the case of digital arrest in penal laws? It has elements of extortion, robbery. Do you need to define this as a standalone offence with serious consequences, along with a provision that when something is found against an accused…his assets will be frozen,” CJI Surya Kant said.
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During the hearing, Attorney General R Venkataramani, appearing for the Centre, submitted that an Inter-Departmental Committee (IDC) is in the process of finalising a comprehensive report to identify systemic gaps in tackling digital arrest cases. Solicitor General Tushar Mehta too said the government is working on a law to address deepfakes and digital arrests.
According to government sources, the proposed law would not only define deepfakes and digital arrest as standalone crimes but also provide for consequential punishments, including the freezing of assets and bank accounts linked to such offences. The Bill is expected to complement the Information Technology Rules, which were strengthened earlier this year to tighten obligations on online platforms to act against AI-generated harmful content.
The proposal follows a sharp rise in cyber frauds involving AI-generated videos and voice cloning. Deepfakes have increasingly been used to impersonate public figures, celebrities and ordinary citizens, while “digital arrest” scams involve fraudsters posing as police, CBI, ED or other government officials, coercing victims into transferring money under the false claim that they are under investigation.
Although offences such as cheating, impersonation, forgery and identity theft are already punishable under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, investigators have argued that the absence of specific legal definitions for deepfakes and digital arrest has complicated investigations and prosecutions. The new legislation is expected to provide greater legal clarity and stronger deterrence against these evolving forms of cybercrime.
If introduced and passed, the law would place India among a growing number of jurisdictions moving towards dedicated legislation for AI-enabled deception and online impersonation as governments worldwide grapple with the rapid spread of generative AI technologies.
About the Author
Apoorva Misra is a News Editor at News18.com with a keen interest in politics and current affairs. She loves uncovering fresh angles and telling stories through long-form features and explainers. Foll…Read More
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