Shilpa Nayak, LLM Candidate, National Law University, Delhi.
Aditya Narayan Dwivedi, Legal Consultant, Graduated from National Law University, Odisha
ABSTRACT
The rapid advancement of artificial intelligence (AI) technology has introduced complex challenges to the field of penology, particularly concerning the framework of punishment for AI entities. This paper explores the theoretical and practical implications of holding AI systems criminally liable for their actions. It examines the foundational principles of criminal law, such as culpability and mens rea, and evaluates their applicability to AI. The discussion includes an analysis of various theories of punishment— deterrence, retribution, rehabilitation, and restorative justice—and their relevance to AI. The paper also considers alternative approaches, such as civil liability and regulatory measures, as potential solutions to AI-generated harms. By drawing parallels with corporate criminal liability, the study highlights the feasibility and limitations of extending traditional punitive measures to AI. Ultimately, the paper argues for a cautious and balanced approach, emphasizing the need for legal reforms that address the unique nature of AI while ensuring justice and public safety.
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