ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY

  • Unique Paper ID: 198503
  • Volume: 12
  • Issue: 11
  • PageNo: 9419-9422
  • Abstract:
  • The rapid development of Artificial Intelligence (AI) has transformed various sectors, including healthcare, finance, transportation, and law enforcement. However, its increasing autonomy raises significant legal challenges, particularly in determining criminal liability when AI systems cause harm. Traditional principles of criminal law are based on human intention (mens rea) and conduct (actus reus), which are difficult to apply to machines. This research paper examines the concept of AI, explores the challenges in attributing criminal liability, analyses existing legal frameworks in India, and suggests reforms to address emerging issues. The integration of Artificial Intelligence (AI) into critical sectors has raised complex questions regarding criminal liability, particularly when autonomous systems cause harm. A notable example is the fatal accident involving a self-driving vehicle operated by Uber in Arizona (2018), where the AI system failed to recognize a pedestrian, leading to her death. This incident highlighted the difficulty in attributing criminal responsibility among developers, operators, and corporations when an AI system acts unpredictably. This paper examines such real-world cases to analyse whether existing principles of criminal law especially men’s rea and actus reus can be applied to AI-driven actions. It argues that AI systems lack intent and consciousness, thereby challenging the traditional framework of liability. Through a case-study approach, the research evaluates different models of liability, including the “perpetrator-via-another” doctrine and strict liability, to determine their applicability in AI-related offences.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{198503,
        author = {Rishibha Shekhawat},
        title = {ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {11},
        pages = {9419-9422},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=198503},
        abstract = {The rapid development of Artificial Intelligence (AI) has transformed various sectors, including healthcare, finance, transportation, and law enforcement. However, its increasing autonomy raises significant legal challenges, particularly in determining criminal liability when AI systems cause harm. Traditional principles of criminal law are based on human intention (mens rea) and conduct (actus reus), which are difficult to apply to machines. This research paper examines the concept of AI, explores the challenges in attributing criminal liability, analyses existing legal frameworks in India, and suggests reforms to address emerging issues. The integration of Artificial Intelligence (AI) into critical sectors has raised complex questions regarding criminal liability, particularly when autonomous systems cause harm. A notable example is the fatal accident involving a self-driving vehicle operated by Uber in Arizona (2018), where the AI system failed to recognize a pedestrian, leading to her death. This incident highlighted the difficulty in attributing criminal responsibility among developers, operators, and corporations when an AI system acts unpredictably.
This paper examines such real-world cases to analyse whether existing principles of criminal law especially men’s rea and actus reus can be applied to AI-driven actions. It argues that AI systems lack intent and consciousness, thereby challenging the traditional framework of liability. Through a case-study approach, the research evaluates different models of liability, including the “perpetrator-via-another” doctrine and strict liability, to determine their applicability in AI-related offences.},
        keywords = {Artificial Intelligence, Criminal Liability, Men’s Rea, Actus Reus, Indian Penal Code, Autonomous Systems},
        month = {April},
        }

Cite This Article

Shekhawat, R. (2026). ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY. International Journal of Innovative Research in Technology (IJIRT), 12(11), 9419–9422.

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