Cybercrime and Computer Forensics in Epoch of Artificial Intelligence in India

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Authors: Sahibpreet Singh, Shikha Dhiman

Published: 2025-12-16 19:39:22+00:00

Comment: Published in Cyber Law Reporter 2(4), 13-32 (2023)

Journal Ref: Cyber Law Reporter 2(4), 13-32 (2023)

AI Summary

This paper critically re-evaluates Indian criminal jurisprudence regarding computational forensics integrity in the epoch of AI, specifically assessing the Digital Personal Data Protection Act, 2023's compatibility with adversarial AI threats like deepfakes. Employing a doctrinal legal methodology, it proposes a human-centric forensic model prioritizing explainable AI (XAI) to ensure evidence admissibility and suggests synchronizing Indian privacy statutes with international standards to mitigate synthetic media risks.

Abstract

The integration of generative Artificial Intelligence into the digital ecosystem necessitates a critical re-evaluation of Indian criminal jurisprudence regarding computational forensics integrity. While algorithmic efficiency enhances evidence extraction, a research gap exists regarding the Digital Personal Data Protection Act, 2023's compatibility with adversarial AI threats, specifically anti-forensics and deepfakes. This study scrutinizes the AI dual-use dilemma, functioning as both a cyber-threat vector and forensic automation mechanism, to delineate privacy boundaries in high-stakes investigations. Employing a doctrinal legal methodology, the research synthesizes statutory analysis of the DPDP Act with global ethical frameworks (IEEE, EU) to evaluate regulatory efficacy. Preliminary results indicate that while Machine Learning offers high accuracy in pattern recognition, it introduces vulnerabilities regarding data poisoning and algorithmic bias. Findings highlight a critical tension between the Act's data minimization principles and forensic data retention requirements. Furthermore, the paper identifies that existing legal definitions inadequately encompass AI-driven tool crimes and target crimes. Consequently, the research proposes a human-centric forensic model prioritizing explainable AI (XAI) to ensure evidence admissibility. These implications suggest that synchronizing Indian privacy statutes with international forensic standards is imperative to mitigate synthetic media risks, establishing a roadmap for future legislative amendments and technical standardization.

Key findings
Key findings highlight a critical tension between the DPDP Act's data minimization principles and forensic data retention requirements, and identify that existing legal definitions inadequately encompass AI-driven tool and target crimes. The research proposes a human-centric forensic model prioritizing explainable AI (XAI) to ensure evidence admissibility. It concludes that synchronizing Indian privacy statutes with international forensic standards is imperative to mitigate synthetic media risks.
Approach
The paper employs a doctrinal legal methodology, synthesizing statutory analysis of India's Digital Personal Data Protection Act, 2023 with global ethical frameworks (IEEE, EU) to evaluate regulatory efficacy against AI-driven cyber threats. Its approach focuses on identifying legal gaps and proposing policy recommendations rather than developing a technical solution.
Datasets
UNKNOWN
Model(s)
UNKNOWN
Author countries
India
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