Mind Without A Body: Reconsidering Criminal Liability In The Age Of AI
- IJLLR Journal
- 19 hours ago
- 1 min read
Palak Phulwani & Preesha Kapoor, SVKM’s NMIMS Kirit P. Mehta School of Law
ABSTRACT
The excessive use of AI into decision making processes has left a wide gap in the notions of agency, responsibility and intent within the criminal justice system. AI systems are very much capable of independent action due to rapid evolution of this system, they challenge the foundational principles of criminal law, especially the elements of crime which are mens rea and actus reus. Therefore this paper examines this very complex question of liability for the crimes committed by AI, arguing that the current legal framework remains inadequate to address such emerging realities. Through a comparative analysis of international models, the study highlights the rapidly increasing “responsibility gap” between human oversight and machine autonomy. The conclusion to this paper is until AI is given a legal status, liability must lay with the human controllers who include the programmers, deployers or user based on the model of responsibility. It further suggests the integration of specialised AI liability statute in india to fill the gap of accountability, ethical governance and justice in this era of advanced technology and intelligent machines.
Keywords: Artificial Intelligence (AI), AI criminal liability, Autonomous systems, Mens rea, Responsibility gap
