Author: Avni Tripathi, Student of National Law University and Judicial Academy, Assam
TO THE POINT
The swift growth of immersive technologies like the Metaverse, virtual reality (VR), and augmented reality (AR) is increasingly blurring the lines between the physical world and digital identities. In India, where internet access is expanding quickly and platforms such as gaming spaces, VR chatrooms, and AI-driven immersive simulations are becoming popular, the lack of a clear legal framework to address non-consensual virtual sexual behaviour is concerning. Unlike physical sexual assault or harassment, which are clearly covered under the Bharatiya Nyaya Sanhita (BNS) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, sexual violence involving avatars remains in a legal grey area. The law has not yet recognized harm to avatars as a violation of bodily autonomy, even though victims often suffer important psychological trauma.
USE OF LEGAL JARGON
The core legal question centres on how the right to bodily autonomy is protected under Article 21 of the Indian Constitution which extends into digital spaces. When it comes to avatar-based violations, these are beyond virtual misdeeds, they threaten the concept of “informational personhood” and “virtual corporeality”. Since avatars often mirror real-life movements through motion sensors and AI, they act as a stand-in or proxy for the person’s identity. Therefore, any non-consensual sexual interaction with an avatar is not just a symbolic act, it breaches important rights related to privacy, dignity, and consent. Legally, the act involves the wrongdoing (actus reus) of performing the act without consent, while the intent (mens rea) is driven by the aim to humiliate or derive sexual satisfaction from such simulated conduct. Without specific laws addressing these issues, victims are left to rely on scattered provisions within the Information Technology Act, 2000 which are inadequate to deal with these new forms of harm.
THE PROOF
The urgent need to criminalize avatar-based sexual violence becomes even clearer given recent advances in immersive technologies and the rising number of reported incidents within the metaverse and virtual reality platforms. Experts and researchers emphasize that virtual epitome through avatars can evoke psychological and emotional experiences that are nearly indistinguishable from real-life interactions. Research indicates that non-consensual sexual acts occurring in VR environments can lead to genuine trauma, including heightened anxiety, symptoms similar to post-traumatic stress disorder, and social withdrawal.
For example, in 2021, a female user testing Meta’s Horizon Worlds shared her experience of being groped by multiple users in a virtual space, describing it as “harassment in every sense, only without physical bruises.” Similarly, in 2022, reports surfaced about a researcher based in London who was virtually gang-raped within just 60 seconds of logging into Horizon Worlds. This incident was later featured in The Guardian, raising urgent questions about regulatory gaps. In India, while no cases of metaverse-related sexual abuse have yet gone to court, there has been growing concern over cyber-harassment on gaming platforms like PUBG and Roblox.
These incidents are a reminder that harm occurring in virtual environments should not be dismissed as merely a game. They point to a growing understanding that bodily autonomy and sexual consent need to extend beyond the physical world and into digital identities. Without legal acknowledgment of such harms, victims of avatar-based abuse remain without proper recourse, while those responsible often face no consequences.
ABSTRACT
This article emphasizes the urgent need for Indian law to recognize and criminalize avatar-based sexual violence within immersive virtual spaces. Rooted in the constitutional values of dignity and autonomy, it explores how digital avatars act as extensions of an individual’s identity, and how violations in these digital environments can lead to real psychological harm. By comparing jurisprudence from different legal systems, reviewing current Indian laws, and analysing recent reports of harassment in virtual reality, the article explains the legal void surrounding issues of consent and bodily integrity in these new digital territories. Eventually, it argues that without extending legal protections to avatars and viewing them as proxies for personhood, the law risks remaining outdated and unresponsive to the changing realities of abuse in the digital age.
CASE LAWS
Justice K.S. Puttaswamy v. Union of India
This case reaffirmed the fundamental right to privacy protected under Article 21. It plays a key role in expanding the concept of privacy into digital spaces, serving as a foundation for the argument that unauthorized use or manipulation of avatars can be considered a violation of both informational and decisional privacy.
Shreya Singhal v. Union of India
This case invalidated Section 66A of the IT Act, ruling it unconstitutional due to its suppressive impact on free speech. It emphasizes that while courts are willing to safeguard online expression, they have not yet adequately addressed issues like sexual abuse in virtual spaces, revealing a major gap in the legal framework.
State of Punjab v. Gurmit Singh
This case emphasizes the importance of taking victims of sexual assault seriously, placing their trauma at the forefront of legal consideration. It emphasizes needing courts to adopt a victim-centred approach, a principle just as important when addressing avatar-based abuse, where the emotional harm experienced is just as authentic.
Bodhisattwa Gautam v. Subhra Chakraborty
The Court acknowledged that rape is a serious violation of the fundamental rights to life and dignity. This serves to reinforce the legal principle that avatar-based sexual assault also infringes on personal dignity and should therefore be subject to criminal penalties.
CONCLUSION
India stands at an important moment in shaping the regulation of its digital world. With initiatives like the Digital India mission and the swift rise of virtual reality, it is critical to proactively address the potential harms associated with avatars. If we overlook this, we risk normalizing a troubling new form of sexual violence. Just as courts and lawmakers of India stand to not recognize marital rape as a violation of human dignity despite severe criticism, but now our legal framework must now adapt to protect against violations of personal autonomy in marital and virtual spaces. Establishing clear laws that criminalize avatar-based sexual harm would reinforce the constitutional values of dignity and autonomy, while also setting an important precedent for managing harms driven by AI technologies. Treating avatars as legal extensions or proxies of our physical selves is not just a futuristic concept but a necessary step to safeguard individual rights today.
FREQUENTLY ASKED QUESTIONS (FAQs)
Why equate avatars with real persons?
Because avatars represent embodied identities. Violating them violates the person’s autonomy, dignity, and psychological security.
Isn’t this overcriminalization?
No, like stalking or cyberbullying, these are not “harmless acts”. It perpetuates trauma and normalises violence.
How would courts prove such cases?
Through digital evidence logs (VR interaction records, avatar movement data, voice chat transcripts), admissible under the Section 63 of Bharatiya Sakshya Adhiniyam.
Does India have any precedent?
Yes. Though underreported, Indian women gamers and VR users have flagged virtual groping, stalking, and harassment. Similar global cases (e.g., Horizon Worlds 2022) demonstrate the universality of the harm.
And indirectly, cases like Bulli Bai and cyber-harassment prosecutions show courts already treat digital dignity harms seriously.
Why is avatar-based violence comparable to physical assault?
Because immersive VR and AI-linked avatars replicate real movements, violations cause psychological and emotional harm equivalent to physical assault.
What reforms are needed?
An amendment to the BNS or a dedicated Digital Safety Act recognizing avatar-based sexual violence as a distinct offense, coupled with intermediary liability for VR platform providers.
