Medical Murder Without Intent: Rethinking Criminal Liability In The Age Of Artificial Intelligence
- IJLLR Journal
- 11 minutes ago
- 1 min read
Amrisha Kumar, BBA-LLB (Hons.), University of Mumbai Thane Sub-Campus
ABSTRACT
The incorporation of artificial intelligence into healthcare has altered the traditional framework of medical decision-making. Technologies that once functioned merely as assistive tools are now capable of influencing diagnoses, treatment pathways, and surgical interventions. While such advancements enhance efficiency and predictive accuracy, they simultaneously introduce complex challenges for criminal law—particularly when patient death occurs without identifiable human intent.
Indian criminal jurisprudence is fundamentally anchored in the doctrine of mens rea, which presumes that criminal responsibility arises only from conscious human conduct. Artificial intelligence, however, operates independently of intention, awareness, or moral judgment. This disconnect creates a legal vacuum where fatal outcomes may occur in the absence of a legally blameworthy mind.
This paper examines whether the Bharatiya Nyaya Sanhita, 2023 adequately addresses deaths resulting from AI-assisted medical treatment. By analysing Section 106, judicial standards governing medical negligence, and the limitations of existing doctrines such as proximity and foreseeability, the study highlights the structural inadequacy of intent-based liability in algorithm-driven healthcare. It argues that AI-related medical deaths expose a fundamental crisis in criminal attribution and necessitate a reorientation of responsibility beyond individual fault. The paper concludes by emphasizing the need for legislative clarity and a shift toward institutional and shared accountability in order to preserve fairness within the criminal justice system.
