ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY IN INDIA: A LEGAL ANALYSIS IN THE AGE OF AUTOMATION

AUTHOR – HARSHIT TRIPATHI* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY

** PROFESSOR AT AMITY UNIVERSITY

BEST CITATION – HARSHIT TRIPATHI & DR. ARVIND KUMAR SINGH, ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY IN INDIA: A LEGAL ANALYSIS IN THE AGE OF AUTOMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 82-86, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) has emerged as one of the most transformative technological developments of the twenty-first century, significantly altering the way societies function, economies operate, and governance is structured¹. Its increasing integration into sectors such as transportation, healthcare, finance, and law enforcement has not only improved efficiency and decision-making but has also raised complex legal and ethical concerns². Among these concerns, the issue of criminal liability occupies a central position³. Traditional criminal law is based on the principles of human agency, intention, and moral culpability, all of which become difficult to apply in the context of autonomous systems⁴. AI systems operate through algorithms and machine learning processes that may produce outcomes beyond the direct control or anticipation of their creators⁵. This creates a significant challenge in determining responsibility when such systems cause harm⁶.

This research paper critically examines the concept of criminal liability in the context of artificial intelligence within the Indian legal framework. It analyses the applicability of foundational legal doctrines such as actus reus and mens rea to AI-related conduct and explores the limitations of existing laws such as the Indian Penal Code and the Information Technology Act⁷. The paper further examines real-world examples, including autonomous vehicle accidents and the misuse of deepfake technology, to illustrate the practical implications of AI-driven harm⁸. A comparative analysis of international regulatory approaches is also undertaken to identify best practices⁹. The study concludes that the current legal framework in India is inadequate to address the complexities of AI-related liability and calls for the development of a comprehensive legal regime that ensures accountability while promoting technological innovation¹⁰.

Keywords: Artificial Intelligence, Data Privacy, Indian Legal System, Algorithmic Accountability, Digital Governance, Fundamental Rights, Technology Regulation