Source: IJLLR

Source: IJLLR. A new legal analysis critically examines the inadequacy of traditional civil and criminal frameworks in addressing harms caused by autonomous artificial intelligence. The paper argues that current legal concepts, which are deeply rooted in human agency and the requirement of mens rea (guilty mind), fail to capture the nuances of AI decision-making. As AI systems become capable of independent actions that result in damages or offenses, a "responsibility gap" emerges where neither the developer nor the user can be easily held liable under standard negligence doctrines.

The authors advocate for a human-centric legal approach rather than the premature conferral of legal personhood upon AI systems. They suggest establishing clear oversight mechanisms, strict liability standards for developers of high-risk systems, and mandated transparency. The article specifically explores how Indian law and global regulatory trends can evolve to ensure accountability, proposing that while AI cannot form criminal intent in the human sense, the law must adapt to impute liability to the entities that deploy these unpredictable agents in public and commercial spheres.