Rethinking AI Liability In India: Evaluating The Information Technology Act In The Age Of Autonomous Systems
Ishita Rai, LL.B., Department of Law, New Delhi, Bharati Vidyapeeth (Deemed to be University)
ABSTRACT
The rapid integration of Artificial Intelligence (AI) into sectors such as healthcare, finance, governance, and digital commerce has transformed decision-making while simultaneously raising complex questions of legal responsibility. Existing liability frameworks under Indian law were developed with human actors in mind and are increasingly challenged by autonomous AI systems capable of making decisions with limited human intervention. This paper examines whether the Information Technology Act, 2000 adequately regulates civil and criminal liability arising from AI-related harms. Using a doctrinal research methodology, the study analyses relevant provisions of the Information Technology Act alongside judicial precedents, and allied legislation. It argues that while the Act addresses certain technology-enabled offences and intermediary responsibilities, it does not sufficiently resolve questions of liability where autonomous AI systems cause harm. The paper concludes by recommending targeted legislative reforms and a risk-based regulatory framework to ensure legal certainty, accountability, and responsible innovation in India's evolving AI ecosystem.
