AI’s Trojan Horse: The Deepfake conundrum under the criminal justice system


  • Sanjana Kothari Law Student, BBA LL.B., Gujarat National Law University Author
  • Shaumya Tibrewala Law Student, BBA LL.B., Gujarat National Law University Author


Deepfakes, AI, Evidence, Detection, Criminal Procedural Law


This paper seeks to address an emerging challenge in the criminal justice system: the advent of deepfake technology. A concept which can be symbolised as AI’s Trojan Horse – deepfakes, refers to highly realistic AI-generated audiovisual content – which have increasingly become indistinguishable from authentic recordings. Their existence poses unprecedented threats to the integrity of evidence, especially in the criminal law field, which serves as a watershed moment in the administration of justice.  The paper’s exploration will begin with a foundational understanding of deepfake technology, delineating its evolution and operational mechanisms. This background is vital, as it sets the stage for understanding the complex legal challenges deepfakes introduce, particularly in undermining the sanctity of evidence in criminal trials. By analysing the potential for deepfakes to compromise a defendant's right to a fair trial, the research will highlight a critical gap in current legal frameworks and evidentiary standards, calling for pressing legal reforms and technological safeguards. Further, the question of appointing a corporate personhood to artificial intelligence will be deliberated upon, touching upon the socio-legal implications of the same. The paper will conclude by reflecting upon the future trajectory of deepfakes and their impact on the legal landscape, affirming the need for ongoing vigilance and adaptation in judicial administration.


Alison Grace Johansen, Deepfakes: What they are and why they’re threatening, NORTON, (January 26, 2024, 9:30 PM),

Meredith Somers, Deepfakes, explained, MIT (January 26, 2024, 9:50 PM),

Chesney, Bobby and Danielle Citron, Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security, 107 Calif. L. Rev. 1753, 1753-1820 (2019).

Rene Hendrikse, How Deepfakes Could Become A Threat To Your Identity, FORBES, (January 29, 2024, 6:30 PM),

Indian Evidence Act, 1872, § 65, No. 1, Acts of Parliament, 1872 (India).

Bharatiya Nyaya Sanhita (Second), 2023, No. 173, Bills of Parliament, 2023 (India).

Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, No. 174-C, Bills of Parliament, 2023 (India).

Bharatiya Sakshya (Second), 2023, No. 175, Bills of Parliament, 2023 (India).

PUBLICATIONS OFFICE OF THE EUROPEAN UNION 2022, (last visited Jan. 7, 2024).

Aarti Karandikar, Vedita Deshpande, Sanjana Singh, Sayali Nagbhidkar, Saurabh Agrawal, Deepfake Video Detection Using Convolutional Neural Network, INTERNATIONAL JOURNAL OF ADVANCED TRENDS IN COMPUTER SCIENCE AND ENGINEERING (January 24, 2024, 8:30 PM),

Prof. Shashi Rekha G, Anusha D V, Muskan, Rakshith K Panchalingalu, Sahitya Modi, Deepfake: Creation and Detection using Deep Learning, IJRASET JOURNAL FOR RESEARCH IN APPLIED SCIENCE AND ENGINEERING TECHNOLOGY (January 22, 2024, 2:30 PM),

Olympia A. Paul, Deepfakes Generated by Generative Adversarial Networks, GEORGIA SOUTHERN UNIVERSITY (January 16, 2024, 8:30 PM),


Yash Dahiya, The Rise Of Deepfake Technology: A Threat To Evidence In Arbitration?, LIVE LAW (January 12, 2024, 2:30 PM)

Palmiotto Francesca, Detecting Deep Fake Evidence with Artificial Intelligence: A Critical Look from a Criminal Law Perspective, SSRN (January 25, 2024, 7:30 PM),

Indian Penal Code, 1860, § 191, No. 45, Acts of Parliament,1860 (India).

Indian Penal Code, 1860, § 192, No. 45, Acts of Parliament,1860 (India).

Information Technology Act, 2000, § 66D, No. 21, Acts of Parliament, 2000 (India).

Myspace Inc. v. Super Cassettes Industries Ltd., (2017) 236 DLT 478.

Information Technology Act, 2000, § 79, No. 21, Acts of Parliament, 2000 (India).

Digital Personal Data Protection Act, 2023, No. 22, Acts of Parliament, 2023 (India).

Digital Personal Data Protection Act, 2023, § 8, No. 22, Acts of Parliament, 2023 (India).

Ministry of Communications and Information Technology [Press Release No. 62/2023].

Aihik Sur, Tech Policy in 2023: From DPDP Act to net neutrality concerns, deepfakes, new telecom law and more, MONEYCONTROL (February 13, 2024, 10:30 AM),


Ravi Singhania, Rudra Srivastava, Shambhu Sharan, Navigating the Legal Landscape of AI Deepfakes in India, SINGHANIA AND PARTNERS (February 27, 2024, 10:50 AM),

Indian Evidence Act, 1872, § 65B, No. 1, Acts of Parliament, 1872 (India).

Vaibhav Chadha, Discussing The Discrepancies And Errors In The Bharatiya Sakshya Bill, 2023, LIVE LAW (January 12, 2024, 5:10 PM),

Amit Gupta & Harisankar Mahapatra, Electronic Evidence In The Bharatiya Sakshya Bill, 2023 – Regressive Or Progressive?, Live Law (January 12, 2024, 5:40 PM),

Chhtrapati, D., Chaudhari, S. P., Mevada, D., Bhatt, A., & Trivedi, D. (2021). Research Productivity and Network Visualization on Digital Evidence: A Bibliometric Study. Science & Technology Libraries, 1–15.

Yuvraj P. Narvankar, Electronic Evidence Under The Bhartiya Sakshya Bill, 2023: A Pandora’s Box To Be Reopened!!, Live Law (January 19, 2024, 11:30 AM),

Ankit Kumar Padhy, Amit Kumar Padhy, Criminal Liability of the Artifical Intelligence Entities, 8 Nirma University Law Journal 16, 16-20 (2019).

Trivedi, D., Bhatt, A., Trivedi, M., & Patel, P. V. (2021). Assessment of e-service quality performance of university libraries. Digital Library Perspectives, ahead-of-print(ahead-of-print).




How to Cite

AI’s Trojan Horse: The Deepfake conundrum under the criminal justice system. (2024). GLS KALP: Journal of Multidisciplinary Studies, 4(3), 45-53.