Open Access Research Article

ARTIFICIAL INTELLIGENCE AS A NEW DIMENSION OF CYBERCRIME IN INDIA: LEGAL ISSUES AND CONCERNS

Author(s):
RATNESH KUMAR DR PALLAVI SINGH
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
Download PDF Open PDF Citation Search Scholar

Abstract

In India, cybercrime has evolved from an activity requiring people with special skills into one that is far more scalable, automated and persuasive, powered by Artificial Intelligence (AI). Generative tools can now create realistic deepfake videos, cloned voices, error-free phishing messages and responsive malware at almost negligible cost, propelling the "digital arrest" frauds, investment scams and synthetic sexual images that make up much of India's complaint data. This paper analyses whether the existing Indian legal framework, comprising the Information Technology Act, 2000; the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; the Bharatiya Sakshya Adhiniyam, 2023; the Digital Personal Data Protection Act, 2023 (DPDP Act); and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules) as amended to include synthetically generated information, is adequate to prevent, investigate and punish AI-enabled offences. Following a doctrinal and analytical approach, supported by official crime data, judicial decisions and a comparative analysis of the European Union, the United States, the United Kingdom, China and the United Nations Convention against Cybercrime, the paper identifies six structural challenges: the absence of a statutory definition of AI or AI-generated content; problems of attribution when autonomous systems act; uncertain liability of developers, deployers and intermediaries; evidentiary barriers in verifying and disputing synthetic media; cross-border jurisdiction; and limited investigative capacity. It contends that most AI-assisted conduct falls within India's technology-neutral provisions, but that significant gaps remain in harm-specific, risk-based and procedural regulation. The paper ends with recommendations for a tailored AI-specific offence and liability framework, mandatory provenance and labelling requirements, enhanced forensic capability, victim-centric remedies and international cooperation.

Published Paper

PDF Preview
Download Open

Author Details

Authors: RATNESH KUMAR & DR PALLAVI SINGHRegistration ID: 1013297 | Published Paper ID: IJLRA13297 & IJLRA13298Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 483- 510

Article Information

ARTIFICIAL INTELLIGENCE AS A NEW DIMENSION OF CYBERCRIME IN INDIA: LEGAL ISSUES AND CONCERNS

Authors: RATNESH KUMAR, DR PALLAVI SINGH

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.

Creative Commons

Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.

Current Issue

Ethics and Policy

For Authors