Abstract
India has seen rapid growth in artificial intelligence (AI) in both public and private sectors, but the legal system has not kept up. Currently, India uses a mix of laws and policies to handle AI-related risks. For instance, the Information Technology Act 2000 and the Indian Penal Code address cybercrimes, deepfakes, and AI-driven fraud, while the Digital Personal Data Protection Act 2023 (DPDP Act) outlines broad data protection requirements.
This paper examines the legal situation surrounding AI in India. We analyze legislation, court rulings, and policy reports to explore how current laws apply to AI and their shortcomings. Academic literature frequently points out regulatory gaps and underscores the need for specific AI-related regulations. We also look into recent initiatives, including NITI Aayog's AI strategy, Supreme Court white papers on AI, and DPIIT's working paper on AI and copyright, to evaluate India's policy response.
Our findings indicate an urgent need for dedicated AI legislation in India. A clear framework should establish transparency and accountability, define liability and authorship, and balance innovation with protecting fundamental rights. This article consolidates legal sources and expert advice to assist policymakers in shaping India's AI governance according to national priorities and international standards.