Criminal Liability of Artificial Intelligence under Indian Law: Challenges and the Need for Legal Reform

Abstract

Artificial Intelligence (AI) is increasingly being used in healthcare, finance, transportation, law enforcement and other sectors. Its growing autonomy, however, raises important questions regarding criminal responsibility when AI systems cause harm or facilitate offences. This paper examines whether AI can be held criminally liable under Indian law and analyses the applicability of actus reus and mens rea to AI systems. It evaluates the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000, along with relevant principles of criminal and corporate liability. The study adopts a doctrinal methodology and considers comparative approaches to AI regulation. It argues that AI is not presently recognised as a legal person under Indian law and therefore cannot itself bear criminal liability. The paper proposes clearer legal rules for attributing responsibility to developers, manufacturers, deployers and users while ensuring accountability and responsible AI innovation.