Deepfake Evidence And Criminal Trials – Challenges To Justice In the AI Era

Abstract

The emergence of deepfake technology, synthetic media created a profound challenge to the credibility of digital credibility in adjudications. Deepfakes have capability to fabricate content to be used for evidence, manipulate surveillance footage, or produce deceiving substantiation statements, thereby threatening the integrity of the judicial process. This paper explores the technological underpinnings of deepfakes and their implicit abuse in judicial proceedings. Though we have introduced Bharatiya Sakshya Adhiniyam 2023 this Act does not have retrospective effect and the cases filed before 1^st July 2024 are still guided under the erstwhile Indian Evidence Act, 1872. This paper evaluates India’s current legal framework, particularly the Indian Evidence Act, 1872 and Information Technology Act 2000, and highlights the insufficiency of these laws in addressing synthetic media contents. A relative analysis with the United States and the European Union demonstrates that India lags in both regulation and enforcement mechanisms. This paper emphasizes the need for legislative reform, judicial training, forensic invention, and public mindfulness for fair trial. In this digital era where visual and audio content can no longer be taken on their face value, securing the authenticity of electronic evidence is a challenge to secure justice.