Is a deepfake video call scam impersonating a relative a punishable offence?
I received a video call that looked and sounded like my brother asking for urgent funds, but it was a deepfake. I want to know which law applies and what I should do. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.
Is a deepfake video call scam impersonating a relative a punishable offence? is governed in India primarily by Information Technology Act 2000, Section 66D, Information Technology Act 2000, Section 66C, Bharatiya Nyaya Sanhita 2023, Section 318 and Copyright Act 1957, Section 57. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.
A fabricated audio-video used to cheat by impersonating a real person is punishable under Section 66D of the Information Technology Act 2000, which covers cheating by personation using a computer resource.
The unauthorised use of a person's likeness or biometric-linked identity to create the deepfake amounts to identity theft under Section 66C of the Information Technology Act 2000.
The victim who parts with money can also invoke the general cheating provision under Section 318 of the Bharatiya Nyaya Sanhita 2023.
If the deepfake uses copyrighted footage of the relative without permission, moral rights under Section 57 of the Copyright Act 1957 may additionally be infringed.
The Ministry of Electronics and Information Technology has directed intermediaries to label and remove deepfake content under the IT Rules 2021, and platforms failing to act can lose safe harbour protection.
What to do next: 1) Do not transfer money without independently verifying the person through a separate known number; 2) Save the deepfake video and call metadata as evidence; 3) Report the video to the platform for removal and to cybercrime.gov.in; 4) File a police complaint citing Sections 66C and 66D of the IT Act.
If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Information Technology Act 2000, Section 66D carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.
Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.