ISSN: 3107-4154 (O)
Volume II, Issue 1 (2026)
AI on Trial:
Untangling Criminal Liability in a Code – Driven World
Authors – Aarchi Vyas & Harshvardhan Srivastava, Students, B.A.LL.B (Hons.), Narsee Monjee Institute of Management Studies, Indore.
Month, Year of Publication – February, 2026
Abstract
The accelerated advancement in Artificial Intelligence has made a transitional shift in its role from a passive computation tool to an autonomous, quasi-cognitive system having the capability of performing human-like tasks. While AI offers numerous benefits across different sectors like healthcare, governance, finance, etc., the magnitude and complexity of ethical and legal challenges that comes with AI is also significant. This paper critically examines the intricacies of attributing criminal liability in situations where the harm is caused by AI systems. It further explores the doctrinal insufficiencies of traditional criminal law framework, which rely primarily on the concept of actus reus and mens rea, both of which presuppose human consciousness and intentionally, neither of which can be meaningfully applied to AI due to absence of consciousness.
The paper also analyses multiple legal theories like, agency, corporate criminal liability, vicarious and strict liability as well as the criminal liability model given by Gabriel Hallevy to assess how feasible are these theories to assign criminal liability to either human agents behind AI systems or the AI systems themselves. Further, by examining real world cases involving AI related harms and criminal incidents, the research emphasizes an urgent need for adaptive regulatory legal reforms. The research concludes with actionable reforms, like introducing electronic legal agent identity, tiered responsibility model, with an aim to bridge the gaps in the existing legal and institutional framework to ensure a fair, transparent, adaptive and futuristic criminal justice system.
keywords
artificial intelligence, criminal liability, mens rea, AI regulation
Full Paper PDF format
Cite as
Vyas, A., Srivastava, H. “AI on Trial: Untangling Criminal Liability in a Code – Driven World” International Journal of Legal Policy, Vol.2(1) 88-108 (2026).
