Civil And Criminal Liability Of Artificial Intelligence: Re-Thinking Mens Rea And Legal Personhood
- IJLLR Journal
- 5 hours ago
- 1 min read
Sivasankar S, SASTRA Deemed University, Thanjavur, Tamil Nadu, India.
Lakshmii Narasimhan S, SASTRA Deemed University, Thanjavur, Tamil Nadu, India.
ABSTRACT
The rapid proliferation of artificial intelligence (AI) in sectors ranging from autonomous transport to legal analytics has exposed deep gaps in the way civil and criminal law determine liability for AI-driven harm. This paper critically examines whether traditional legal frameworks centered on human agency, mens rea, and personhood—can meaningfully address incidents caused by AI, or whether new doctrines are required as autonomous AI systems capable of independent decision-making challenge these foundational principles.
Drawing on leading liability models, legal case studies, and comparative regulatory analysis, the paper explores how AI challenges core tenets of responsibility and accountability. It argues for a human-centric legal approach focused on clear oversight, prescribed negligence and strict liability standards, and mandated transparency, resisting the premature conferral of legal personhood on AI. The aim is to provide actionable legal perspectives that safeguard both innovation and public protection, advocating for adaptive frameworks capable of bridging the emerging “responsibility gap” in the age of autonomous machines. The paper further aims to address the evolution of ML & AI, its mechanism, applicability in business matters, courtroom practice in India and globally.
