LIJDLR

Volume IV Special Issue I

LAW IN THE AGE OF ARTIFICIAL INTELLIGENCE (AI): A FUNDAMENTAL PERSPECTIVE: AI AND HUMAN RIGHTS PROTECTION

Volume IV Special Issue I /

LAW IN THE AGE OF ARTIFICIAL INTELLIGENCE (AI): A FUNDAMENTAL PERSPECTIVE: AI AND HUMAN RIGHTS PROTECTION Dhrishti Haresh Bhindora, SYLLM ,3rd Semester, Business Law,Jayantilal H. Patel College of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.12 The rapid evolution of Artificial Intelligence has significantly influenced legal systems worldwide, reshaping social structures and legal processes. Over the past two decades, Artificial Intelligence based technologies have been adopted in legal research, judicial administration, governance, surveillance, welfare delivery, and automated decision-making, directly affecting individual rights and obligations. Although Artificial Intelligence is promoted as enhancing efficiency and institutional effectiveness, its increasing integration within legal frameworks raises serious concerns relating to transparency, accountability, fairness, employment displacement, and the protection of fundamental human rights and personal data. The impact of Artificial Intelligence varies across generations due to differences in digital literacy, economic access, physical capability, and exposure to automated systems. Older generations often face exclusion as essential services become digitized, while younger generations experience continuous data monitoring, algorithmic profiling, and automated assessments with limited awareness or informed consent. These generational disparities present distinct human rights challenges requiring focused legal examination. This paper analyses Artificial Intelligence from a foundational legal perspective, focusing on equality, dignity, privacy, and access to justice within the Indian constitutional framework. Using doctrinal and analytical methods, it evaluates whether existing constitutional values, statutory safeguards, and judicial principles adequately regulate technological advancement. It argues that Artificial Intelligence must function only as a supplementary tool to human judgment, ethical reasoning, and constitutional morality, preventing excessive dependence that undermines human autonomy and legal accountability.

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REIMAGINING PANCH WITNESSES IN THE AGE OF ARTIFICIAL INTELLIGENCE: OPPORTUNITIES AND CHALLENGES

Volume IV Special Issue I /

REIMAGINING PANCH WITNESSES IN THE AGE OF ARTIFICIAL INTELLIGENCE: OPPORTUNITIES AND CHALLENGES Aabha Jain, 3rd Year ,PhD Research Scholar at Damodaram Sanjivayya National Law University, Visakhapatnam (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.11 The institution of the panch witness occupies a significant place in Indian criminal procedure, functioning as a human-centric procedural safeguard intended to ensure transparency, fairness, and credibility during searches, seizures, and other investigative acts. Despite its normative importance, the practical operation of the panch witness system has been consistently questioned due to concerns relating to availability, independence, procedural formalism, and post facto reconstruction of investigative steps. Simultaneously, criminal investigations increasingly operate within a technologically mediated environment shaped by digital documentation. This paper critically examines the evolving interface between artificial intelligence and the panch witness system, focusing on how AI-assisted mechanisms can supplement and reform traditional procedural safeguards without displacing their underlying objectives. It adopts a doctrinal and analytical methodology within the framework of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023. The paper argues that while video recording and metadata-based documentation are digital tools, artificial intelligence plays a crucial role in authenticating, analysing, and managing such records through tamper detection, procedural compliance analysis, and secure chain-of-custody systems. These capabilities enhance the evidentiary reliability and transparency that panch witnesses were originally designed to secure. At the same time, the paper identifies significant challenges arising from the integration of AI into criminal procedure, including risks of technological over-reliance, opacity of algorithmic systems, potential manipulation of digital evidence, and concerns relating to privacy and due process. The paper concludes by advocating a cautious hybrid procedural model in which AI-assisted systems complement, rather than replace, panch witnesses, thereby reimagining their role in a manner consistent with constitutional values and the contemporary demands of criminal justice.

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AI ALCHEMY: FORGING SMART CONTRACTS IN THE FUTURE OF COMMERCIAL LAW

Volume IV Special Issue I /

AI ALCHEMY: FORGING SMART CONTRACTS IN THE FUTURE OF COMMERCIAL LAW Tvisha Mitesh Rathod, 6th Semester B.A.LL.B. Student at Lords Universal College of Law, Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.10 A new commercial transaction formation method is evolving as a result of DLT and AI growth, replacing the traditional bilateral contract formation procedure with smart contracts that automatically execute upon meeting the predetermined conditions. This study explores whether these technologies are legally valid under the Indian Commercial Laws. Section 10A of the Information Technology Act provides for the legal recognition of electronic contracts. However, AI’s ability to independently determine the result of agreements can challenge the most important elements of the Indian Contract Act, including the need for mutual consent and the categories of contracts that can be created using AI systems. There are three reasons identified in the research that have led to legal conflict: first, the “Immutability Paradox”, which arises from an inability to modify the terms of an automated contract; second, the “Liability Gap” which relates to the uncertainty regarding the accountability for the decisions made by AI systems, as AI itself is not deemed a legal entity; additionally, the absence of legal authority is a problem in a decentralised world. Lex Cryptographia is a hybrid legal mechanism proposed by this paper and consists of legally binding rules embedded directly into the code and infrastructure of decentralized systems independent of traditional centralized oversight. By doing so, the proposed outcome reflects not only greater legal responsibility for the developers and users of the decentralized systems, but also provides a method for ongoing legal compliance in the future since the structure conforms to UNCITRAL’s Model Law on Electronic Commerce (MLEC) as a framework for a continuous regulatory scheme as technology advances.

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PUBLIC-SECTOR AI FACE SURVEILLANCE AND FUNDAMENTAL RIGHTS: INDIA IN COMPARATIVE PERSPECTIVE

Volume IV Special Issue I /

PUBLIC-SECTOR AI FACE SURVEILLANCE AND FUNDAMENTAL RIGHTS: INDIA IN COMPARATIVE PERSPECTIVE Priyanshu Upadhyay, 10th Semester B.A.LL.B Student at CMP Degree College (University Of Allahabad), Prayagraj (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.09 Facial Recognition Technology (FRT) is rapidly transforming surveillance and law-enforcement practices by converting the human face from a biological attribute into a searchable digital identifier. This paper examines the legal tension between public-sector use of FRT and the protection of fundamental rights in India, where identification capacities have developed faster than the legal framework governing them. Adopting a doctrinal-comparative methodology, the study analyses Article 21 of the Constitution of India, the Information Technology Act 2000, the Digital Personal Data Protection Act 2023, the proposed Facial Recognition Technology (Regulation of Police Powers) Bill 2023, and leading judicial authorities including Justice K.S. Puttaswamy (Retd.) v Union of India. It also considers comparative materials from the European human-rights system, the GDPR, the EU AI Act 2024, United States biometric privacy approaches, and relevant policy scholarship. The analysis finds that India lacks a dedicated statutory framework regulating state deployment of FRT, despite privacy being constitutionally protected under Article 21 and subject to legality, necessity, proportionality, and procedural safeguards. Comparative jurisdictions increasingly treat biometric surveillance as a high-risk practice: the GDPR classifies biometric data used for unique identification as special-category data, while the EU AI Act restricts real-time remote biometric identification in publicly accessible spaces, subject to narrow law-enforcement exceptions and authorisation safeguards. These developments reflect growing concern that FRT may undermine privacy, free expression, equality, and democratic participation, particularly because of risks of mass surveillance, function creep, and algorithmic bias. The paper concludes that India’s present reliance on executive practice creates a serious regulatory vacuum between constitutional guarantees and administrative deployment, requiring a rights-based statute grounded in transparency, judicial oversight, purpose limitation, and effective redress.

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AI IN LEGAL EDUCATION: OPPORTUNITIES, CHALLENGES, AND THE NEED FOR REFORM IN INDIA

Volume IV Special Issue I /

AI IN LEGAL EDUCATION: OPPORTUNITIES, CHALLENGES, AND THE NEED FOR REFORM IN INDIA Rimjhim Trivedi, 6th semester BBA LLB(H) at Amity University, Noida Law student at Amity University, Noida(India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.08 In today’s law classrooms, Artificial Intelligence (AI) is emerging as a vital mentor, gradually shifting legal education from traditional lecture-based teaching towards more adaptable and student-driven methods. AI tools provide personalised learning paths, instant feedback and immersive simulations that enable students to engage more deeply with legal concepts. AI bridges the gap between legal theory and practical application and equips budding lawyers with skills required for a digital legal profession. However, its adoption also raises concerns relating to technological accessibility, academic integrity, algorithmic bias and ethical accountability, which must be addressed to ensure responsible use. In India, the impact of AI is particularly noteworthy because legal education continues to depend significantly on procedural knowledge, manual research and rote learning. With more than five lakh students and over 1600 law schools, the central challenge is to modernise legal pedagogy while preserving ethical standards, constitutional values and human judgment. Tools such as ChatGPT, Gemini, Manupatra’s analytical features and Perplexity have already begun to transform how students research, understand and apply legal principles. This research examines how AI is reshaping India’s legal education system by analysing both the opportunities and risks of AI-driven learning. It adopts a doctrinal and comparative approach, drawing upon Indian legal education debates and international frameworks such as the European Union’s risk-based AI Act and the OECD principles on trustworthy AI. The paper recommends curriculum redesign, mandatory digital and ethical literacy, faculty upskilling, institutional AI-governance policies, improved digital infrastructure and safeguards against overdependence on AI-generated outputs. It argues that reform must ensure that technological advancement strengthens rational human judgment in the legal field instead of substituting it.

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ARTIFICIAL INTELLIGENCE AND HUMAN RIGHTS PROTECTION

Volume IV Special Issue I /

ARTIFICIAL INTELLIGENCE AND HUMAN RIGHTS PROTECTION Ms. Neelam Ajay Padwad, SYLLM Student at KES’ Shri. Jayantilal Patel Law College at Mumbai University, Mumbai, Maharashtra (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.07 The term “Artificial Intelligence” (AI) coined in the 1950s is now decades later becoming a part & parcel of our “Natural world”.  It is a transformative technological force shaping both our public & private spectrums worldwide. The seamless integration of AI is a blessing and boon at same time in terms of enhanced governance, medical care, crime surveillance but challenging in terms of individual freedom, societal norms and human rights. This Research paper delves into interaction of AI with our society & Legal frameworks in India and further describes the dual role of AI as a facilitator of Human Rights protection and as a potential source of risk. In Indian Legal domain, there have been ongoing efforts to tackle this transformative technological force. The legislative provisions primarily in force are the Digital Personal Data Protection Act, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, the Information Technology Act, 2000, the Bharatiya Sakshya Adhiniyam, 2023, India AI Governance Guidelines, and sector-specific guidelines. The Bharatiya Sakshya Adhiniyam, 2023, which replaced the Bharatiya Sakshya Adhiniyam, 2023, substantially carries forward the evidentiary framework while expressly modernising the treatment of electronic and digital records. However, with quick-moving advances, there is a dire need of a holistic legislation focused solely on AI to regulate it and protect Human rights. The doctrinal and empirical research methods used herein have highlighted the gaps in the legal framework in specific arenas of interaction of AI with society. In regard to the gap analysis, the paper proceeds to suggest measures which could address the gaps where Regulatory coverage is necessitated. The rule-making in this regard should create space for AI to develop and also ensure protection of Human interest. A holistic Legislative Framework envisaged in this paper would lead to development of an AI inclusive ecosystem that tackles nuances of this transformative technology and helps in overall upliftment of our society.

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AI AND RIGHTS OF THE CHILD: ASSESSING THE EFFECTIVENESS OF INDIAN LAWS IN PREVENTING MALICIOUS USE OF ARTIFICIAL INTELLIGENCE AND THE SCOPE FOR AI-BASED CHILD PROTECTION

Volume IV Special Issue I /

AI AND RIGHTS OF THE CHILD: ASSESSING THE EFFECTIVENESS OF INDIAN LAWS IN PREVENTING MALICIOUS USE OF ARTIFICIAL INTELLIGENCE AND THE SCOPE FOR AI-BASED CHILD PROTECTION Sneha Pandey, 3rd Semester, LLM in Business Law, student at KES’ Shri Jayatilal H. Patel Law College, Independent Advocate practicing on criminal side at Bombay High Court and Metropolitan Magistrates courts in Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.06 Artificial Intelligence is 21st century’s equivalent of nuclear technology. For this prime and unreplaceable asset, the humankind has enrolled itself in the never-ending race to secure the highest position in the field of Artificial Intelligence technology. However, history remains the prime witness to the fact that every time the human race has chased its obsession to run after unsustainable development, the marginal sections have had to pay the price in some way or the other. The International AI Safety Report 2025, conducted by over 96 independent international AI experts led by Yoshua Bengio (a machine learning pioneer) was published with the support of the UK’s Department for Science, Innovation and Technology (DSIT) and coordinated through the UK AI Safety Institute (AISI). This report highlights the risks of using general purpose AI. One of the risks flagged by the report is the rise in malicious use of the Artificial Intelligence to generate Child Sexual Abuse Material (CSAM). In a recent mortifying incident, this risk’s warning was turned true when X’s AI Grok was misused on a large scale for creating sexually explicit images of women and minors by “digitally undressing” them in photos they had uploaded on ‘X’. In this context, the present research paper aims to assess the effectiveness of the existing legal framework in India to prevent and protect the violation of rights of children by the malicious use of Artificial Intelligence technology. In addition to this, the research paper also attempts to explore the possibility of using Artificial Intelligence as a tool for identifying, tracing and curbing the violation of Rights of Children through AI.

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INTELLECTUAL PROPERTY ISSUES IN AI-DRIVEN WIRELESS COMMUNICATION SYSTEMS: OWNERSHIP OF AI-GENERATED NETWORK DESIGNS AND ALGORITHMS

Volume IV Special Issue I /

INTELLECTUAL PROPERTY ISSUES IN AI-DRIVEN WIRELESS COMMUNICATION SYSTEMS: OWNERSHIP OF AI-GENERATED NETWORK DESIGNS AND ALGORITHMS Kabita Hazarika, LL.M Student, Apex Professional University, Arunachal Pradesh (India) Bhargabjyoti Saikia, Assistant Professor, Department of ECE, DUIET, Dibrugarh University, Assam (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.05 Artificial intelligence (AI) has become a common practice in contemporary wireless communication systems to facilitate automated network design and optimisation. The AI methods are deployed in 5G and 6G networks to produce algorithms for resource allocation, MIMO system beamforming, spectrum sharing, and self-optimising networks. These AI systems do not need much human intervention to create new strategies and network behaviours, unlike conventional rule-based methods, and are trained on network data. Although this type of AI-based design is a great method of enhancing network performance, reliability, and energy consumption, it also poses crucial issues of intellectual property rights (IPR). The current IPR systems largely rely on the idea of human inventorship and authorship, which makes it unclear when the wireless network algorithms or configurations are produced as a result of the AI learning process. This paper looks into major IPR concerns of AI-based wireless communication technology, especially the ownership and protection of AI-generated algorithms and network designs. The paper provides basic and constructive examples, illustrating AI-generated beamforming plans, learning-based spectrum sharing protocols, and self-optimising radio access networks, and explains that AI is no longer a support system, but it is an actor in the generation of technical solutions. An analytical comparison of strategies implemented in India, the United States, and the European Union concerning the doctrinal differences is offered to detect the emerging trends in the law and gaps in policies. The paper avers that existing laws on IPR need to be improved to fit human, AI collaborative innovation in the system of wireless communications. It ends with a policy-related recommendation to bring clarity in the law, foster innovation, and get good protection of AI-driven wireless technologies.

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AI AND ETHICS: RESPONSIBLE AI (RAI)

Volume IV Special Issue I /

AI AND ETHICS: RESPONSIBLE AI (RAI) Nidhi Verma, Research Scholar,Department of Law, University of Allahabad (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.04 The accelerated convergence of Artificial Intelligence (AI) into the realm of laws, governance, and the justice system has reinforced the demand for related guidelines for responsible, ethical, and just AI use. As AI ethics have become a normative tradition addressing values of justice, fairness, and accountability on one side, the notion of Responsible AI (RAI) aims at making these ethical norms functional practices, standards, or mechanisms of governance. The paper discusses RAI, a related development relevant to the realm of laws and justice, setting it in the context of the historical development of AI in general, from The Turing Test through Asimov’s Laws towards the current proposals of regulatory and industrial initiatives, such as the EU AI Act, UNESCO AI Ethics Guidelines, ISO/IEC 42001, as well as national policies such as those developed by NITI Aayog. RAI has emerged because of the growing use of AI in decision-making for sensitive areas such as criminal justice, legal prediction, bail, sentencing, and legal work. Compared to conventional software, AI applications pose challenges related to bias, explainability, accountability, and power imbalances, which need to be addressed at the respective industry levels. RAI fundamental principles such as fairness, transparency, accountability, privacy, robustness, and inclusiveness have been increasingly incorporated into soft law governance documents and emerging hard law rules. The abstract argues that RAI is neither a substitute for professional ethics nor purely universal, but instead demands contextual adaptation, human-in-the-loop strategies, and continuous oversight. RAI forms an important pragmatic bridge between ethical ideals and concrete practice, if it remains sensitive to cultural diversity, domain-specific risks, and democratic accountability.

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ARTIFICIAL INTELLIGENCE AND TRADEMARK LAW IN INDIA: A DOCTRINAL ANALYSIS OF EMERGING LEGAL CHALLENGES

Volume IV Special Issue I /

ARTIFICIAL INTELLIGENCE AND TRADEMARK LAW IN INDIA: A DOCTRINAL ANALYSIS OF EMERGING LEGAL CHALLENGES Adv. Sanjana Prajapati, 3rd Semester L.L.M Student at Mumbai University, Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.03 Artificial intelligence (AI) has significantly altered the landscape of commercial branding by influencing how trademarks are conceptualized, marketed, and safeguarded in digital environments. Organizations now make extensive use of AI based technologies for developing brand identities, designing visual marks, implementing data-driven advertising strategies, and enhancing consumer interaction. Although these technologies improve operational speed and market reach, they simultaneously challenge long-standing trademark doctrines that were developed around human authorship and traditional marketplace dynamics. In India, trademark rights are protected under the Trade Marks Act, 1999, which offers legal remedies against infringement and misuse of registered marks. However, the legislation does not explicitly regulate issues arising from AI-created branding, automated imitation of trademarks, or algorithm-based exploitation across online platforms. Comparable gaps are evident in legal systems such as those of the United States, the European Union, and the United Kingdom, where determining accountability for AI-related trademark violations and enforcing rights across borders remains complex. The expansion of e-commerce platforms, digital advertising practices, and online counterfeiting has further intensified these concerns. AI therefore occupies a complex position, functioning both as a potential source of trademark violations and as a technological aid for detection and enforcement. In this context, this paper underscores the necessity for progressive legal reforms that accommodate technological advancements while safeguarding trademark rights, preserving consumer confidence, and promoting fair competition in the digital economy.

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