Jayashree S Shet
School of Law, Christ University, Bangalore, India
2020
pp. 20-32
Abstract: The modern technological world is working towards exploring new dimensions in the field of Artificial Intelligence (AI). It is a well-known fact that AI is developing at a fast pace and in all likelihood, it will take over mankind in various sectors of the society. Such developments must be deliberated upon and requires the modification of the existing legislative framework in India. The main aim of this article is to address the uncertainty with respect to the personhood of AI and to assess the intelligence of such a non-human entity. Although such inventions carry their own set of menaces, it is imperative that such developments should continue as it contributes to the progress of the country. A serious challenge with respect to the imposition of liability on AI has to be looked into, in the cases of negligence. This article deals with two ways in which such liability can be attributed. Firstly, by ascribing legal personality and making them accountable for their own acts. Secondly, by transferring it to their users or manufacturers. In the course of this article we will examine whether such AI systems will be capable of satisfying the essential requirements of personhood, i.e., possessing rights and duties. This raises the issue of the standard of care that shall be attributed to them in cases of negligence. Such standard of care shall be determined based on the degree of risk to which others are exposed and the aim to be attained by such a perilous activity. This article dwells into the comprehensive theory of criminal law with respect to negligence and involves, in addition to the AI, the liability of the programmer, user, and other entities and further deliberates upon the punishments which can be attributed to them. Hence, it is important to ensure that such AI technology functions within the boundaries of law.
Keywords: Artificial Intelligence, Criminal Liability, Negligence, Personhood.
Mrs. Jayashree S Shet is a Law student currently pursuing her degree (BBA LLB Hons,) at the School of Law of Christ University, Bengaluru, India. She is currently in her 3 rd year of study. The author can be contacted at jayashree.shet@law.christuniversity.in.
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