Criminal Liability Of Autonomous Vehicles
- IJLLR Journal
- Nov 15, 2025
- 2 min read
Snehpreet Kaur, LL.M. (Master of Laws), University Institute of Legal Studies, Chandigarh University, Mohali, Punjab, India.
Dr. Harshita Thalwal, Associate Professor, University Institute of Legal Studies, Chandigarh University, Mohali, Punjab, India
ABSTRACT
Automation in mobility disrupts long settled assumptions that anchor criminal fault to a human Automation in mobility destabilizes criminal law assumptions that locate fault solely in a human driver’s choices and bodily acts. This paper studies Indian criminal law principles for the ascription of liability when an automated driving system (ADS) is performing the dynamic driving task, using doctrinal interpretation and comparative legislation as its sources of authority. It bases the core offences on the Bharatiya Nyaya Sanhita, 2023 (in particular, Sections 106 and 281), driver duties and recall powers in the Motor Vehicles Act, 1988 (Sections 134, 136, 110A and Rule 127C), evidentiary provisions in the Bharatiya Sakshya Adhiniyam, 2023 (Sections 61 63), search and seizure documentation under the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 105), privacy limitations in the Digital Personal Data Protection Act, 2023, and connectivity under the Telecommunications Act, 2023. The paper looks at the United Kingdom’s Automated Vehicles Act 2024 (user in charge immunity and operator accountability) and the European Union’s AI Act 2024 along with the new Product Liability Directive 2024 which extends no fault liability to software and tightens post market duties to compare the study. The results reveal that India has three gaps that continue to exist: (i) no AV specific offence which is allocation keyed to control states, (ii) ambiguity about a “user in charge” at conditional automation, and (iii) absence of an operator licensing layer. The paper suggests an India ready allocation based on SAE J3016 levels, a conditional safe harbor for a user in charge, statutory offences for the unsafe deployment of authorized entities/operators, and codified AV incident investigation protocols that align probative value with privacy protections. The proposal maintains the idea of fault-based culpability for any residual human roles at Levels 1 2, shifts ‘manner of driving’ exposure to authorized entities at Levels 3 4 within the ODD, and provides safety documented cases, timely recalls, and transparent data cooperation as incentives. These changes bring criminal attribution in line with real time control and governance while still keeping to India’s high standard of criminal negligence.
Keywords - Autonomous vehicles, criminal liability, mens rea, negligence, Bharatiya Nyaya Sanhita, Motor Vehicles Act, user in charge, EU product liability, evidence, India
