REGULATING ARTIFICIAL INTELLIGENCE IN MEDICAL ERRORS: CRIMINAL LIABILITY APPROACHES IN INDIA AND THE EUROPEAN UNION

AI is a powerful and transformative area in computer science, and its influence is expanding rapidly across all other professions, particularly in healthcare. AI in healthcare refers to the use of advanced algorithms and machine learning models to analyse complex medical data and support clinical decisions. However, as AI use grows in medical practice, mistakes made by these systems can seriously harm patients. When such errors occur, it is unclear who should face criminal responsibility. This raises the issue of liability, as the lack of a specific criminal liability framework creates a legal vacuum. Traditional criminal law frameworks are based on the twin principles of actus reus and mens rea, which require proof of intention, knowledge, recklessness, or negligence. The application of these principles becomes problematic when harm is caused not directly by a human actor, but by an autonomous or semi-autonomous AI system. This study finds a gap; India currently has no laws criminalising liability for AI-caused errors. This study aims to determine who is responsible when AI causes medical errors, with the help of the EU AI Act, and to establish an emergency policy or act in this age of AI in India; criminal responsibility must be reconstructed through doctrines such as corporate criminal liability, vicarious liability, and product liability principles among developers, healthcare institutions, and medical practitioners. This study employs a doctrinal research methodology and analyses the European Union's legal framework. This research helps clarify AI ethics, criminal law, and healthcare regulations, providing guidance for courts and policymakers dealing with AI-related medical errors in India. Keywords: Artificial intelligence, Medical errors, Criminal liability, EU AI Act, Legal vacuum