Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

AI WITHOUT ACCOUNTABILITY? RETHINKING LEGAL LIABILITY IN THE AGE OF ARTIFICIAL INTELLIGENCE

Cite this Article

Ayesha Khan (2026). AI WITHOUT ACCOUNTABILITY? RETHINKING LEGAL LIABILITY IN THE AGE OF ARTIFICIAL INTELLIGENCE. The Indian Journal for Research in Law and Management, Volume IV(Issue 1). Retrieved from https://ijrlm.com/journal/ai-without-accountability-rethinking-legal-liability-in-the-age-of-artificial-intelligence/

Abstract

Artificial Intelligence, with all its potential for innovation and efficiency, is becoming deeply ingrained in healthcare, finance, education, employment, governance and other areas of our everyday life. However, the integration of technologies based on artificial intelligence presents us with a number of difficult legal questions concerning liability for injuries inflicted by intelligent machines. The situation is complicated by introducing such systems since responsibility for their damage is diffused among many economic actors. This article explores the emerging accountability gap around artificial intelligence and this also investigates whether Indian laws are ready to grapple with the unique challenges posed by technologies based on AI. The article analyzes the application of the concepts of negligence, product liability and constitutional rights, as well as the relevant provisions of the Consumer Protection Act, 2019, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 in the context of artificial intelligence. Particular attention is drawn to the issues of opacity, causality, personal data protection, human monitoring and evidence. A brief overview is given to the risk-based approach being developed in the European Union, which may serve as a model for Indian legislation. The article advocates for a balanced and technology-neutral approach according to which liability for damage would be determined on the basis of factors such as control, causality, reasonable care and the ability to prevent damage. The article concludes by stating that technological autonomy should not lead to legal immunity and emphasizes the importance of innovation without leaving accountability behind. KEYWORDS: Artificial Intelligence; AI Liability, Legal Accountability, Algorithmic Decision-Making, Negligence, Product Liability, Data Protection; Consumer Protection, Digital Personal Data, Algorithmic Transparency, Human Oversight, Indian Technology Law.Workplace sexual harassment is not merely an individual dispute; it concerns equality, dignity, professional security and the ability to participate in economic and public life. Its constitutional dimensions are reflected in Articles 14, 15, 19(1)(g), and 21 of the Constitution of India, which protect equality, non-discrimination, freedom to practice a profession, and life and personal liberty. The legal journey has been significant. In Vishaka v. State of Rajasthan, the Supreme Court recognized workplace sexual harassment as a violation of fundamental rights and issued guidelines when no specific legislation existed. Parliament later enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, creating a statutory framework for prevention and redressal. However, the existence of a law does not automatically ensure protection. This gap between legal protection and workplace reality lies at the heart of India’s continuing POSH dilemma.

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The Indian Journal for Research in Law and Management
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2583-9896
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