Forensic Attribution Challenges In AI-Driven Cybercrime: Implications For Criminal Liability And Digital Evidence Under Indian Law

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Yogalakshmi G, LL.M. (Hons), School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University, Chennai

ABSTRACT

The adoption of artificial intelligence (AI) into cyberspace has fundamentally transformed the nature, scale, and sophistication of cybercrime. AI-driven cyber offences, ranging from deepfake fraud to autonomous malware pose unprecedented challenges to traditional legal doctrines, particularly in the areas of forensic attribution, criminal liability, and evidentiary standards. This paper critically evaluates the difficulty of identifying perpetrators in AI-mediated crimes and evaluates how Indian legal frameworks, including the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023, respond to these challenges. It also analyses the limitations of existing laws in dealing with autonomous decision-making systems and proposes reforms based on comparative international approaches such as the EU AI Act and emerging regulatory models in the United States and China. The paper argues that without doctrinal evolution in attribution and evidentiary standards, the Indian legal system risks under-enforcement and injustice in AI-driven cybercrime cases.

Keywords: Artificial Intelligence, Forensic Attribution, AI-Driven Cyber Crime, Criminal Liability.

901. FORENSIC ATTRIBUTION CHALLENGES IN AI-DRIVEN CYBERCRIME- IMPLICATIONS FOR CRIMINAL LI

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