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Criminal Liability On Offences By Artificial Intelligence




Anoushkaa N V, NMIMS Kirit P Mehta School of Law

ABSTRACT

By its natural context, artificial intelligence refers to computer intelligence that is employed to reduce the burden of human beings. Artificial intelligence is intended to emulate human-like qualities such as organization, reasoning, problem solving, speech recognition, thinking, and many other activities; the distinction is how it can work much faster and more efficiently than human beings. Artificial Intelligence (AI) has evolved dramatically over the last few decades, and the implications of the AI revolution are already being felt in many sectors of society. It has the innate ability to profoundly influence our lives and provide significant advantages ranging from increased efficiency to remarkable advances in life quality. However, the unique characteristics of AI and the methods by which AI can be generated have social, ethical, policy, and legal ramifications. Experts agree that Artificial Intelligence has the competence to outperform humans' intellectual capabilities. Collective and individual interests that are safeguarded by criminal law may be jeopardised by the behaviour of artificial intelligence entities. The rise of artificial intelligence raises concerns about the accountability for crimes committed by AI, owing to the AI acting independently and with limited human oversight. The AI entity may be considered to have a directing mind in order to address the evaluation of culpability, which, depending on the situation, may attract vicarious liability, breach of contract, or criminal liability. Further, the issue of ascertaining liability parallelly impinges upon whether legal personhood may or may not be granted upon it. As there are no policy guidelines for dealing with AI in India, it may eventually attract legal and ethical issues with regard to its application This paper would attempt to evaluate the criminal liability of Artificial Intelligence entities. The analysis aims to define Artificial Intelligence for legal purposes and to analyse whom to hold liable when crime is committed by Artificial Intelligence Entities.

Keywords: Artificial Intelligence/AI, Criminal Liability, Entities, Crimes, Framework, Laws

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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