AI AND LEGAL RESPONSIBILITY IN INDIA: A STUDY OF LIABILITY AND REGULATORY CHALLENGES AUTHORED BY - P JASHUV

Abstract
The rapid proliferation of Artificial Intelligence (AI) technologies across healthcare, finance,
law enforcement, transportation, and governance has fundamentally altered the terrain of legal
accountability in India. Existing legal instruments the Information Technology Act, 2000, the
Indian Contract Act, 1872, the Consumer Protection Act, 2019, the Bharatiya Nyaya Sanhita,
2023 and the Digital Personal Data Protection Act, 2023 were formulated without anticipation
of autonomous decision-making systems, and consequently leave significant doctrinal lacunae
in matters of tortious liability, contractual responsibility, criminal culpability and regulatory
oversight. This paper undertakes a systematic doctrinal and comparative analysis of the legal
challenges posed by AI in India, examining the inadequacy of the current legislative
framework, the evolution of judicial responses, and the experience of leading international
jurisdictions including the European Union, the United States of America, and the United
Kingdom. Drawing upon decided Indian case law, statutory provisions, policy documents of
the NITI Aayog, and international instruments such as the EU Artificial Intelligence Act 2024
and the UNESCO Recommendation on the Ethics of Artificial Intelligence, the paper argues
that India urgently requires a dedicated, risk-stratified AI regulatory statute complemented by
a specialised enforcement authority. The paper further contends that judicially developed
principles including the absolute liability doctrine articulated in M.C. Mehta v Union of India
may offer immediate common-law solutions pending legislative action. The paper concludes
with concrete recommendations for statutory reform, judicial capacity building, and
international regulatory co-operation.
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Volume 3 Issue 2 | April 2026 ISSN: 2582-6433
Page | 5
Keywords: Artificial Intelligence; Legal Liability; Regulatory Framework; India;
Comparative Law