LEGAL LIABILITY ISSUES OF ARTIFICIAL INTELLIGENCE IN INDIA

Law

Artificial Intelligence (AI) is rapidly transforming governance, commerce, healthcare, and social interaction in India. As AI systems become increasingly autonomous and consequential, the question of who bears legal responsibility when they cause harm has emerged as one of the most pressing issues in contemporary Indian law. This article examines the legal liability landscape for AI in India, analysing how existing statutory frameworks — including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and the Consumer Protection Act, 2019 — apply to AI-related harms. It further explores the doctrinal inadequacy of traditional tort law, product liability regimes, and criminal law when confronted with AI's non-deterministic behaviour, opacity, and distributed agency. Comparative insights are drawn from the European Union's AI Act and emerging global regulatory approaches. The article concludes with recommendations for a dedicated, risk-based AI liability framework suited to India's socio-legal context.

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