CRIMINAL ACCOUNTABILITY FOR AI: MENS REA, ACTUS REUS, AND THE CHALLENGES OF AUTONOMOUS SYSTEMS

Criminal accountability for harms caused by artificial intelligence systems presents profound challenges for traditional legal frameworks. The mens rea and actus reus pillars of Indian criminal jurisprudence face conceptual strains when applied to algorithmic decision-making. AI systems lack human-like mental states and discrete physical acts that form the foundation of criminal culpability. The Bharatiya Nyaya Sanhita, 2023 and other Indian laws inadequately address these accountability gaps. This article examines the conceptual and practical obstacles to AI criminal liability under current Indian legal frameworks. It analyzes relevant provisions of the Bharatiya Nyaya Sanhita and identifies their limitations in AI contexts. The article explores comparative regulatory approaches from the European Union, United States, United Kingdom, Singapore, and other jurisdictions. The article concludes by proposing legal and policy recommendations for India to address AI criminal accountability challenges. These include establishing AI-specific legislation, incorporating risk-based obligations, mandating human oversight for high-risk applications, and developing specialized enforcement capacities. The article emphasizes the urgent need for Indian legal frameworks to evolve beyond anthropocentric paradigms and accommodate the distinctive characteristics of artificial intelligence. Only through such evolution can India establish effective and legitimate mechanisms for attributing criminal responsibility when AI systems cause harm.