LIABILITY OF ARTIFICIAL INTELLIGENCE IN INDIA
Ambica Batas, Ashima Sharma · 2021
In the present century, the technological know-how has been changing and emerging rapidly. The replacement of various human activities by robots and computers is common and more pragmatic, given the complexities of the given age. As long as these robots and computers act as a mere tool of simplifying our lives, there is not much to ponder upon. However, when these computers and robots start thinking for us, this is when the matter becomes complex from various outlooks. When such machines are programmed to perform defined thought processes, they fall in the category of ‘Artificial Intelligence’. What differentiates ‘Artificial Intelligence’ from other machines is that the former is capable of imitating intelligent behavior as AI entities are the replication of human behavior and cognitive processes on a machine. It can be said safely that presently, AI entities are becoming more and more integral for disentangling various processes and simplifying human lives. However, since these machines have been taught to think and act for us and since they are carrying out large-scale operations for us, there is always a possibility that such an entity commits an act which makes it liable under any of the laws of the country. The moot point which arises here is of the liability of such an entity. Can an AI entity be made liable in such a situation? Can it be punished? By way of the present book chapter, the authors attempt to assess the fundamental impact which such a digitalization brings on the liability laws of our country. Apart from this, the authors will also study if there are any existing civil and criminal liability regimes in light of emerging use of “thinking” digital technologies in India. And if at all such liability regimes exist, then to ascertain if the same offer basic protection to victims who have suffered damage due to the operation of AI technology. The chapter will be concluded by highlighting the facets of liability issues in matters of digitalization and how a much more fair, equitable and appropriate response towards the interests of individuals who have suffered harm due to such can be adopted.