Criminal Liability Of Artificial Intelligence (A.I.) Machines Under Indian Law: A Rethink On Mens Rea And Culpability
- IJLLR Journal
- Dec 17, 2025
- 2 min read
Kanchan, Assistant Professor (School of Law), MVN University, Palwal, Haryana
ABSTRACT
From a futuristic concept, artificial intelligence (AI) has developed into a vital component of daily life, impacting industries including healthcare, banking, and law enforcement. As these technologies become increasingly independent, they will be able to make choices and take acts that could have real-world repercussions even in the absence of human supervision. The foundations of criminal law, which have always been based on human behavior and purpose, are seriously threatened by this evolution. The ancient concepts of mens rea (the guilty mentality) and actus reus (the guilty act) were developed with humans in mind rather than the autonomous operation of clever computers. This begs the crucial question of who is criminally liable when an AI system does something that would be illegal if done by a human.
This paper examines how crimes involving autonomous AI systems are covered by Indian legislation, particularly the Bharatiya Nyaya Sanhita, 2023 (which superseded the Indian Penal Code, 1860) and the Information Technology Act, 2000. Using a doctrinal and comparative perspective, it explores liability models, looks at international efforts to define AI accountability, and analyzes how courts interpret intent. According to the study, India's current legal system is ill-equipped to handle crimes perpetrated by or using intelligent computers. In order to distinguish between situations in which AI functions only as a tool, as an independent agent, or in a hybrid role, it is necessary to reconsider current ideas. In the end, it supports an adaptable and progressive legal system that encourages responsibility, equity, and moral leadership in the age of swift digital change.
Keywords: Artificial Intelligence, Criminal law, Actus Reus, Mens Rea, autonomous AI systems.
