LIJDLR

Artificial Intelligence

AI AS AN “ACCUSED”: CAN ARTIFICIAL INTELLIGENCE HAVE CRIMINAL LIABILITY?

AI AS AN “ACCUSED”: CAN ARTIFICIAL INTELLIGENCE HAVE CRIMINAL LIABILITY? Gagan Sankhla, B.A. LL.B. (Hons.), 4th Year, University Institute of Legal Studies, Chandigarh University (India) Kanan Yadav, B.A. LL.B. (Hons.), 4th Year, University Institute of Legal Studies, Chandigarh University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.369 Artificial intelligence has reshaped contemporary society by assuming cognitive functions that were once performed by human beings alone. As these systems become increasingly autonomous in healthcare, transport, finance and law enforcement, questions of accountability for the harm they occasion have grown more pressing. This paper examines whether criminal liability can attach to an artificial intelligence system, and if not, upon whom it must fall. Criminal liability in the Indian tradition rests upon two elements: the wrongful act (actus reus) and the guilty mind (mens rea). Both elements presuppose a subject capable of consciousness, moral evaluation and choice. An artificial intelligence system possesses none of these attributes, and it is therefore neither a legal person nor a bearer of criminal intention. The paper addresses three questions. First, can an artificial intelligence system be recognised as a person in criminal law? Secondly, if it can, is it capable of satisfying the standards of criminal culpability? Thirdly, do the existing Indian statutes adequately govern harm caused by autonomous systems? The study is doctrinal and comparative. It analyses the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 alongside the regulatory responses of the United States, the European Union and the United Kingdom. The paper concludes that Indian law does not treat artificial intelligence as a punishable subject, that the existing cyber-law framework is inadequate to address autonomous decision-making, and that liability must be allocated among developers, deployers and users through targeted statutory amendment rather than through the creation of electronic personhood.

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AI-GENERATED WORKS AND COPYRIGHT LAWS: LEGAL CHALLENGES AND COMPARATIVE PERSPECTIVES

AI-GENERATED WORKS AND COPYRIGHT LAWS: LEGAL CHALLENGES AND COMPARATIVE PERSPECTIVES Prakash Singh, 4th year Student pursuing B.A. LL.B. (Hons.) at Amity Law School, Amity University, Haryana (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.364 The rapid evolution of artificial intelligence (AI) has transformed creative expression, enabling non-human systems to generate sophisticated visual arts, literature, music, and software code. This paper examines the legal challenges posed by AI-generated content within the framework of contemporary copyright law, focusing on the fundamental requirement of human authorship. Traditional intellectual property frameworks, including international treaties such as the Berne Convention as well as national legislation in India, the United States, the United Kingdom, and the European Union, are fundamentally anthropocentric. As a result, the emergence of autonomous AI creators leaves significant doctrinal gaps regarding legal ownership, originality thresholds, and liability. Through a comparative doctrinal analysis, this study investigates whether existing legal principles can accommodate AI output or if specialized regulatory approaches are necessary. The finding indicates that while human-assisted AI creations can fit within existing copyright paradigms by attributing authorship to human contributors, fully autonomous AI creations lack human agency and cannot be granted copyright without undermining core principles of copyright law. To address this void without stifling technological innovation, the study evaluates emerging models such as sui generis rights, neighbouring rights, and contractual licensing. Ultimately, the paper recommends against recognizing AI as a legal author, advocating instead for a dedicated sui generis framework granting ten years of protection from first publication, so as to incentivize innovation while preserving the moral and theoretical integrity of human-centric copyright protection.

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ARTIFICIAL INTELLIGENCE AND ALGORITHMIC BIAS IN LEGAL DECISION-MAKING: A COMPARATIVE ANALYSIS OF NIGERIA, INDIA AND SELECTED JURISDICTIONS

ARTIFICIAL INTELLIGENCE AND ALGORITHMIC BIAS IN LEGAL DECISION-MAKING: A COMPARATIVE ANALYSIS OF NIGERIA, INDIA AND SELECTED JURISDICTIONS Beauty Ilayira, Graduate, Marwadi University, Gujarat (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.340 Artificial Intelligence (AI) has become one of the most revolutionary technologies of the twenty-first century, with increasingly widespread applications across the legal system, including the administration of justice, legal research, law enforcement, judicial decision-making, case management, risk assessment, sentencing, bail determination, and more. Although AI promises to enhance efficiency, consistency, and access to justice, its growing use also raises significant legal and ethical dilemmas, notably algorithmic bias. Algorithmic bias arises when an AI system produces systematically unfair, discriminatory, or inaccurate results because of biased training data, flawed algorithms, human biases, incomplete datasets, or structural inequalities in the society from which the data is sourced. Deploying biased algorithms in legal decision-making is particularly alarming, as the outcomes can directly affect fundamental rights, liberty, equality, privacy, and access to justice. This research explores the relationship between Artificial Intelligence and algorithmic bias in legal decision-making, focusing on Nigeria, India, and selected jurisdictions, including the United States, the European Union, and the United Kingdom. It assesses whether current constitutional, statutory, judicial, and regulatory frameworks can mitigate the risks associated with AI-assisted legal decision-making. The study compares transparency, explainability, accountability, data protection, discrimination, human oversight, and the right to contest automated decisions. It also examines the consequences of algorithmic bias for fundamental rights in the constitutional contexts of Nigeria and India and reviews relevant judicial responses and emerging international regulatory strategies.

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TRACING THE RELEVANCE OF BLOCKCHAIN IN THE FIELD OF COPYRIGHT: BY ANALYTICALLY EXAMINING THE JOURNEY OF CONCEPT OF COPYRIGHT LAW, ROLE OF BLOCKCHAIN IN REGULATING MUSIC INDUSTRY, LICENSING, OUTPUT DEVELOPED USING ARTIFICIAL INTELLIGENCE, OWNERSHIP CLAIMS, DIGITAL RIGHTS MANAGEMENT SYSTEMS – INTERNATIONALLY AND NATIONALLY, PROBLEMS FACED DURING ENFORCEMENT AND ITS IMPRESSION ON SOCIAL JUSTICE IN INDIA

TRACING THE RELEVANCE OF BLOCKCHAIN IN THE FIELD OF COPYRIGHT: BY ANALYTICALLY EXAMINING THE JOURNEY OF CONCEPT OF COPYRIGHT LAW, ROLE OF BLOCKCHAIN IN REGULATING MUSIC INDUSTRY, LICENSING, OUTPUT DEVELOPED USING ARTIFICIAL INTELLIGENCE, OWNERSHIP CLAIMS, DIGITAL RIGHTS MANAGEMENT SYSTEMS – INTERNATIONALLY AND NATIONALLY, PROBLEMS FACED DURING ENFORCEMENT AND ITS IMPRESSION ON SOCIAL JUSTICE IN INDIA Vanshika Moriani, BBA.LL.B. 5th Year, Institute of Technology & Management, Raipur, Chhattisgarh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.315 The intellectual property sector is undergoing through significant changes due to the rapid growth in the technology. This paper traces the history of the intellectual property with national and international frameworks from Statute of Anne to the World Intellectual Property Organization and emerging technologies, explores the relevance of blockchain technology in the field of copyright, concept of related terms like Digital Rights Management Systems, licensing, ownership claims and AI-generated contents and how this technology has affected music industry so far. This paper also highlights the enforcement issues faced in India and how this technology aids in serving justice. The methodology used in this research paper is primarily analytical and doctrinal in nature. It uses an analytical approach to underline the history of the intellectual property. The study counts on primary sources, which includes The Copyright Act, 1957, The Digital Personal Data Protection Act, 2023 and judicial decisions of courts of India. The secondary sources used in this paper are WIPO reports, The National Blockchain Frameworks and international case laws. The key findings of this paper point out on how the core features of blockchain technology, that is, immutability, timestamping, decentralized ledger, etc will bring revolution in the IP sector (particularly in the music industry), help in serving justice to the creators in cases of ownership claims, AI-generated contents, etc., and also the shortcomings which might be faced by the world in the use of this technology. Finally, this paper concludes that while blockchain technology is a boon for creators and innovators, but its success depends on legislative harmonization as well.

TRACING THE RELEVANCE OF BLOCKCHAIN IN THE FIELD OF COPYRIGHT: BY ANALYTICALLY EXAMINING THE JOURNEY OF CONCEPT OF COPYRIGHT LAW, ROLE OF BLOCKCHAIN IN REGULATING MUSIC INDUSTRY, LICENSING, OUTPUT DEVELOPED USING ARTIFICIAL INTELLIGENCE, OWNERSHIP CLAIMS, DIGITAL RIGHTS MANAGEMENT SYSTEMS – INTERNATIONALLY AND NATIONALLY, PROBLEMS FACED DURING ENFORCEMENT AND ITS IMPRESSION ON SOCIAL JUSTICE IN INDIA Read More »

AI, SOCIETY AND THE TRANSFORMATION OF THE LEGAL SYSTEM IN INDIA: OPPORTUNITIES, CHALLENGES AND THE ROAD AHEAD

AI, SOCIETY AND THE TRANSFORMATION OF THE LEGAL SYSTEM IN INDIA: OPPORTUNITIES, CHALLENGES AND THE ROAD AHEAD Shrutika Juwale, Second Year LLM- IPR, KES SHRI. Jayantilal Patel College of Law, Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.42 This research paper examines the influence of Artificial Intelligence on society and the legal system in India. Artificial Intelligence (AI) has become a widely used technology in both professional and personal life, making several activities more convenient, efficient, and accessible. Whether individuals are fully aware of it or not, AI increasingly influences decision-making processes and the manner in which people live, work, and interact with institutions. Although the legal services sector has traditionally been cautious in adopting new technologies, AI is now having a substantial impact on law firms, legal research, contract drafting, case management, and judicial administration. AI can reduce the administrative burden on legal professionals by enabling faster legal research, document review, contract analysis, and access to large legal databases. At the same time, its adoption raises serious concerns relating to employment displacement, algorithmic bias, privacy, accountability, and the possible weakening of human judgment in legal processes. In India, AI-enabled initiatives and digital justice reforms, including tools used for legal research, translation, and case management, indicate the gradual transformation of the legal system. However, AI should be treated as an assistive mechanism rather than a substitute for judges, lawyers, and human legal reasoning. This paper examines the dual nature of AI adoption by analysing its efficiency gains against its ethical, social, and regulatory risks. It further argues that India must develop a balanced framework for responsible AI use in the legal sector, supported by transparency, data protection, accountability, ethical oversight, and suitable reforms in legal education. The paper concludes that AI can strengthen the legal system only when it remains subject to human supervision and the constitutional values of justice, fairness, and equality.

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UNDERSTANDING THE FIXING LIABILITY FOR AUTONOMOUS ARTIFICIAL INTELLIGENCE: A LEGAL ANALYSIS OF DECISION-MAKING IN INTERACTIVE SYSTEMS

UNDERSTANDING THE FIXING LIABILITY FOR AUTONOMOUS ARTIFICIAL INTELLIGENCE: A LEGAL ANALYSIS OF DECISION-MAKING IN INTERACTIVE SYSTEMS C. SibiKarthick, 8th Semester B.A.LL.B Student at Government Law College, Madurai, affiliated with Tamil Nadu Dr. Ambedkar University,Tamilnadu (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.41 In the international context, artificial intelligence (AI) has emerged as a transformative technological development; however, harms arising from autonomous AI activities now constitute a serious legal concern. Several international reports indicate that, following the COVID-19 pandemic, millions of children transitioned extensively to online education, resulting in increased dependence on mobile technology and, consequently, excessive engagement with social media, video games, and AI-based interactions. Interactive AI technologies, in particular, may contribute to self-harm risks among vulnerable users, especially children and adolescents. Recent incidents reveal AI-mediated harms, including AI chatbots allegedly encouraging suicide or assisting in drafting suicide notes, and voice assistants suggesting dangerous physical challenges to children. In legal parlance, one of the most sophisticated challenges lies in determining liability and identifying the responsible entity. Applying the maxim qui facit per alium facit per se, the question arises whether harm caused by an AI system can be attributed to the manufacturer, developer, company, or end user. In this regard, it becomes necessary to examine whether strict liability and product liability concepts are adequate to secure justice for victims. This paper analyses liability by examining foundational questions concerning the nature of AI, agency, personhood, intention, and justice. Using a comparative legal approach, with particular focus on the European Union model, the paper examines how risk-based regulation, mandatory human oversight, and clearly defined legal obligations may fill the existing accountability gap. It also proposes a shared but differentiated liability model to strengthen victim protection and corporate accountability. This study ultimately focuses on the problem of undefined AI liability and the significance of a legal framework to uphold justice for victims and ensure accountability.

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AI IN LIBRARY AUTOMATION & MANAGEMENT

AI IN LIBRARY AUTOMATION & MANAGEMENT Kanak Godbole, 3rd Semester LLM Student at KES’ Shri Jayantilal H. Patel Law, Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.40 Artificial Intelligence (AI) is reshaping contemporary library automation and management by transforming how libraries organise resources, retrieve information, support users, and manage institutional collections. This paper examines the integration of AI technologies, including machine learning, natural language processing, automation, predictive analytics, and AI-enabled user support systems, within modern library management systems. It adopts a doctrinal and analytical legal approach to assess the operational benefits and regulatory risks of AI-driven library services, particularly in relation to data protection, copyright compliance, algorithmic accountability, and user privacy. The paper finds that AI can substantially improve cataloguing, semantic search, multilingual access, digital archiving, recommendation services, and resource allocation, thereby reduce manual workload and enhance accessibility for diverse users. However, these advantages are accompanied by significant legal and ethical concerns, especially where libraries process user search histories, borrowing patterns, reading preferences, and behavioural data through automated or predictive systems. The study argues that such practices must be evaluated under the Digital Personal Data Protection Act, 2023, read with the Digital Personal Data Protection Rules, 2025, and within the broader policy framework of responsible AI governance emerging in India. The paper recommends that libraries adopt privacy-by-design systems, transparent consent mechanisms, human oversight, copyright-compliant digitisation practices, and safeguards against algorithmic bias. It concludes that AI should not be treated merely as a tool for automation, but as a regulated institutional technology capable of strengthening libraries as intelligent, inclusive, and legally accountable knowledge infrastructures

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RIGHT TO DIGNITY IN THE AGE OF DEEPFAKES: A CONSTITUTIONAL OVERVIEW

RIGHT TO DIGNITY IN THE AGE OF DEEPFAKES: A CONSTITUTIONAL OVERVIEW Pruthali soni, 10th semester B.A.LL.B student at Kes Shri Jayantilal H Patel Law College, Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.37 Article 21 of the Indian Constitution guarantees right to life and personal liberty, which includes right to privacy and dignity. However due to evolution of Artificial Intelligence it is kept on stake. Whether intentionally or unintentionally, we all are at a stake of granting AI our personal and private data. Privacy and dignity are among the two greatest and most fundamental rights of all people “due to their being Humans”; thus, Privacy and Dignity affect all people in the world in a tremendous way: In regard to AI and the possible misuse of AI through the creation of different types of harm in regard to the use of AI, Surveillance and through AI Technology Development. In the case K.S. Puttaswamy v. Union of India, the Supreme Court ruled that the right to privacy is a fundamental right as provided by Articles 14, 19 and 21 of the Indian Constitution and Article 21 grants individuals their right to a dignified existence and freedom from unlawful interference with their personal life. In addition, it was determined that the protection of privacy was an integral part of the right to live with dignity. The Supreme Court has repeatedly held that when we refer to the “Right to Life”, it means that every person has the Right to Life and is entitled to live his/her life with dignity; and not just exist but to live with respect, dignity, purpose, and meaning. Collectively, or on a personal basis, we all are at a point of putting “our private information” by granting access to AI Technology. This Research Paper will analyze Right to Privacy and Dignity  as well as the effects of deepfakes on these Rights. The misuse of AI Technology poses a severe risk and may cause many forms of Harm, including right to Privacy and Dignity. Therefore, AI Technology has developed a requirement for all individuals to acknowledge the fundamental rights of Privacy, Autonomy, Integrity and Reputation.

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AI, SOCIETY AND THE FUTURE OF LEGAL EDUCATION

AI, SOCIETY AND THE FUTURE OF LEGAL EDUCATION Ms. Surabhi Vinod Daga, Ph.D Student, Adv. Ramkrishnaji Rathi Law College, Ph.D Research Centre, Washim, Affiliated to Sant Gadge Baba Amravati University, Amravati (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.36 Artificial Intelligence is rapidly changing the legal world. Earlier, AI was mainly used for office work such as managing files, searching cases, or preparing documents. Today, it is becoming a powerful tool that can assist in legal thinking, predict outcomes of cases, and support decision-making. This transformation is not only changing the legal profession but also influencing society and the future of legal education. Although AI has made legal information easier to access, questions related to justice, fairness, ethics, and human responsibility still remain important. This paper argues that the biggest challenge before law schools is not simply teaching students how to use technology, but preparing them for a future where lawyers and intelligent machines will work together. The study introduces the concept of “Algorithmic Advocacy,” which means lawyers of the future must understand both law and technology. When AI performs research and complex legal analysis, the true value of a lawyer will depend more on human qualities such as ethical judgment, emotional understanding, creativity, and critical thinking. The paper further explains that traditional methods of legal education are no longer enough in the digital age. Future law schools must create practical and interdisciplinary learning spaces where students can work with AI tools, analyse algorithmic bias, and understand the relationship between technology, society, and justice. The study concludes that AI should not be viewed as a replacement for lawyers, but as a partner that can help build a faster, smarter, and more accessible justice system. To achieve this, legal education must evolve with the changing realities of the modern world.

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REGULATING ARTIFICIAL INTELLIGENCE IN CORPORATE INSOLVENCY RESOLUTION: ENHANCING CREDITOR RECOVERIES AND DETECTING AVOIDANCE TRANSACTIONS UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016

REGULATING ARTIFICIAL INTELLIGENCE IN CORPORATE INSOLVENCY RESOLUTION: ENHANCING CREDITOR RECOVERIES AND DETECTING AVOIDANCE TRANSACTIONS UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016 Ms.Pooja Nakul Maniar, Asst. Professor, KES’ Shri Jayantilal Patel Law College, Research Scholar at School of Law Sandip University, Nashik (India) Dr. Roksana Hassanshahi Varashti, Supervisor and Associate professor at School of Law Sandip University, Nashik (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.34 Artificial Intelligence (AI) has emerged as a transformative technology with the potential to revolutionize legal systems worldwide. Within the sphere of insolvency law, AI offers significant opportunities to improve efficiency, transparency, and decision-making in Corporate Insolvency Resolution Processes (CIRP). The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted to ensure timely resolution of distressed corporate entities while maximizing asset value and protecting stakeholder interests. However, challenges such as delayed resolution, information asymmetry, fraudulent transactions, and low creditor recoveries continue to impede the effectiveness of the insolvency framework. This paper examines the role of Artificial Intelligence in detecting avoidance transactions, enhancing creditor recoveries, and improving insolvency administration under the IBC. Particular attention is given to preferential transactions, undervalued transactions, extortionate credit transactions, and fraudulent or wrongful trading covered under Sections 43 to 51 and Section 66 of the Code. It further evaluates the legal, ethical, and regulatory implications of AI-assisted decision-making in insolvency proceedings. Through doctrinal and comparative research methodologies, the study analyses international developments in technology-driven insolvency systems and explores the need for a regulatory framework governing the deployment of AI in insolvency resolution. The paper argues that AI can significantly assist Resolution Professionals, Committees of Creditors, and adjudicating authorities by identifying suspicious transactions, improving asset tracing, forecasting recovery outcomes, and reducing procedural inefficiencies. Nevertheless, concerns relating to algorithmic bias, accountability, transparency, data privacy, and liability require careful regulatory intervention. The study concludes by proposing an AI governance framework under the Insolvency and Bankruptcy Board of India (IBBI), incorporating human oversight, explainability, auditability, data-security safeguards, and stakeholder grievance mechanisms to ensure responsible adoption of AI technologies within insolvency proceedings while safeguarding due process and stakeholder rights.

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