Determining The Criminal Liability Of AI
- IJLLR Journal
- Jul 27
- 2 min read
Subhash Kumar, BA LLB (H.), SRM University, Delhi-NCR, Sonipat.
ABSTRACT
The emergence of autonomous artificial intelligence (AI) systems capable of performing human-equivalent or even superior tasks ranging from medical diagnostics and autonomous driving to algorithmic governance has fundamentally disrupted traditional legal frameworks, particularly within the realm of criminal liability. As these systems gain increasing operational independence, legal scholars and practitioners are confronted with unprecedented questions: Can a non-human entity bear criminal responsibility? If so, under what conceptual and normative justifications? And who should be held accountable when an AI causes harm the developer, the user, or the AI system itself?
This paper examines how traditional criminal law handles the new challenges of autonomous AI. and semi-autonomous technologies. We analyze the limits of traditional liability models – such as vicarious liability and the natural-probable-consequence theory – in dealing with AI. We also consider whether AI should be treated as a legal person or simply part of human action, given AI’s ‘black-box’ nature and unpredictable behavior.
The study proceeds to analyse whether existing legal constructs, such as mens rea and actus reus, can be appropriately redefined or extended to encompass non-human actors. We also examine the ethics of punishing artificial agents and the wider social and legal impact of that choice. Drawing on law, computer science, and philosophy, this paper links legal theory with the realities of technological change.
Ultimately, the research concludes” is a very formal and impersonal way to begin a conclusion. The sentence is wordy. We need a new legal framework designed for AI’s unique nature – one that holds people accountable without sacrificing core principles of justice. Such a framework should balance deterrence, innovation, fairness, and victims’ rights to protect both technological progress and societal welfare.
