Redefining Criminal Liability For Artificial Intelligence Highlighting The Rise Of AI
- IJLLR Journal
- Jun 1
- 1 min read
Aditya Bhardwaj, Chanakya National Law University, India
Anushka (Utsav) Nag Mandal, Chanakya National Law University, India
ABSTRACT
Up until now, humans held a monopoly on being able to rationalise and form adaptable threads of logic to understand and comprehend the world around them. The human form of intelligence was held to be the only exclusive form of intelligence that had a real effect on civilisation. It was considered a relevant candidate for regulating and attracting punishment for the purpose of disciplining to fulfill the objective of having a better civilisation.
That has changed now. There is a new player in the field, a new form of intelligence that humans have created in their own image. This form of intelligence can understand and can participate in the world around them and perform functions which have a real impact on the economy, its surroundings, and its stakeholders. Artificial intelligence differs from other forms of technology in general and digital technologies in particular, a capability for self-development and can learn from the data that it receives and collects from various sources. This form of intelligence can actively interpret data present around it, produce outputs, and perform operations that it is asked to perform with its understanding of that data.
Since these features help to justify the attribution of criminal sanctions on human intelligence and conduct, should the features also justify the attribution of criminal liability, in relevant scenarios, towards Artificially Intelligent Systems and their conduct as well? This is the primary question that this article shall aim to probe and answer.
Keywords: Criminal Liability, Artificially Intelligent Systems, Medical Negligence, Large Language Models.
