MENS REA AND ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY IN AI-DRIVEN OFFENCES

AUTHOR – ANAMIKA PATEL, STUDENT AT AMITY UNIVERSITY NOIDA, UTTAR PRADESH

BEST CITATION – ANAMIKA PATEL, MENS REA AND ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY IN AI-DRIVEN OFFENCES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 771-7779, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid rise of Artificial Intelligence (AI) is reshaping how decisions are made across governance, business, healthcare, and daily life, bringing with it new challenges for Indian criminal law. Traditional legal frameworks, such as the Bharatiya Nyaya Sanhita, are built on the assumption of human action, intention, and mens rea—the “guilty mind”—to determine criminal responsibility. But AI systems act autonomously and sometimes unpredictably, making it difficult to pinpoint responsibility or prove intent in the conventional sense.

This paper examines how AI affects liability and accountability, highlighting the spread of responsibility across developers, operators, corporations, and end-users. It explores why traditional concepts like mens rea may not apply to non-human actors and suggests adopting hybrid legal models that blend fault-based liability with objective standards, including negligence, recklessness, foreseeability, and strict liability, particularly in high-risk areas. The study also addresses the challenges posed by opaque AI decision-making, emphasizing the need for transparency, explainability, and robust evidence under laws like the Bharatiya Sakshya Adhiniyam.

Drawing on judicial precedents and international comparisons, the paper proposes reforms that strike a balance between encouraging innovation and ensuring justice. By updating criminal law to reflect the realities of AI, India can create a legal framework that protects public safety, holds the right parties accountable, and stays relevant in a rapidly evolving technological landscape.

KEY WORDS

Artificial Intelligence, Liability, Accountability, Mens Rea, Strict Liability