Artificial Intelligence And Criminal Liability: Rethinking Mens Rea In The Age Of Autonomous Systems
- IJLLR Journal
- 7 minutes ago
- 1 min read
Advocate Ritika Sharma, LL.M., Fairfield Institute of Management and Technology, Guru Gobind Singh Indraprastha University (GGSIPU)
ABSTRACT
As Artificial Intelligence (AI) continues its exponential evolution, it challenges traditional legal doctrines built around human agency, culpability, and intent. The cornerstone of criminal liability mens rea requires a conscious, culpable mental state, but AI systems operate through sophisticated algorithms, neural networks, and deep learning models, entirely devoid of human consciousness or subjective intent. This article explores the conceptual and legal complexities surrounding the attribution of criminal liability for harms caused by highly autonomous systems. It critically examines why existing legal frameworks, particularly in the Indian context, are insufficient and explores proposed models, such as Synthetic Mens Rea and Vicarious Liability. Drawing from comparative international perspectives, this study seeks to provide a balanced understanding of how criminal jurisprudence must adapt in the digital age by advocating for a hybrid framework that bridges the growing accountability gap between human creators and autonomous agents.
Keywords: Artificial Intelligence, Criminal Liability, Mens Rea, Autonomous Systems, Legal Reform, Legal Personhood
