BEYOND PHYSICAL HARM: RETHINKING INDIA’S LEGISLATIVE FRAMEWORK TO ADDRESS DIGITAL SEXUAL ABUSE IN THE AGE OF ARTIFICIAL INTELLIGENCE

AUTHOR – SANDHYA PRABHAKARAN, LLM STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – SANDHYA PRABHAKARAN, BEYOND PHYSICAL HARM: RETHINKING INDIA’S LEGISLATIVE FRAMEWORK TO ADDRESS DIGITAL SEXUAL ABUSE IN THE AGE OF ARTIFICIAL INTELLIGENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1130-1137, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The rapid expansion of digital technologies has fundamentally altered the nature, scale, and impact of sexual harm. While traditional criminal law frameworks in India conceptualize sexual offences primarily through physical proximity and bodily violation, emerging forms of digital sexual abuse such as non-consensual dissemination of intimate images, deepfake pornography, sextortion, cyberstalking, morphing, and AI-generated sexual contentchallenge these assumptions. This paper examines the conceptual foundations of digital sexual abuse through international human rights norms relating to privacy, dignity, sexual autonomy, and gender equality, and critically evaluates the adequacy of the Indian legislative framework. Although statutes such as the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, and the Digital Personal Data Protection Act, 2023 address aspects of technology-facilitated harm, they operate in a fragmented and reactive manner. The absence of a consolidated statutory definition of digital sexual abuse, the lack of AI-specific offences, limited intermediary accountability, and inadequate victim-centric remedies expose significant normative and procedural gaps. Drawing upon constitutional jurisprudence on privacy and dignity, this paper argues for a comprehensive, consent-based legislative framework that recognizes digital sexual abuse as a distinct category of sexual violence. It proposes statutory reform integrating technological foresight, strengthened enforcement mechanisms, and rights-based safeguards to ensure protection of autonomy, identity, and dignity in the digital age.

Keywords: Digital Sexual Abuse; Non-Consensual Intimate Images; Deepfake Pornography; Sexual Autonomy; Informational Privacy; Artificial Intelligence; Cybercrime Law; Intermediary Liability; Victim-Centric Remedies; Constitutional Dignity.