Mens Rea In Cyber Crimes Under Bhartiya Nyaya Sanhita: Can Artificial Intelligence Commit Crime?

"The emergence of Artificial Intelligence (AI) in key sectors poses challenges to the traditional principles of criminal law, particularly the concept of mens rea. India's legal framework, which is primarily focused on human actions, faces challenges in determining responsibility when autonomous systems inflict harm. This article investigates the potential for AI to possess criminal intent under the Bhartiya Nyaya Sanhita (BNS) by examining the definition of cybercrime and judicial interpretations of Section 66 of the IT Act, 2000. It underscores the challenges of applying mens rea to autonomous systems and assesses the main liability models: the tool, agent, and hybrid approaches, highlighting that the tool model is most suitable for India. The study concludes by advocating for the development of AI-specific legislation, enforcing strict liability on high-risk systems, mandating algorithmic impact assessments, and enhancing data protection standards to ensure accountability and protect fundamental rights in a society increasingly influenced by AI." Key words: Artificial Intelligence, Mens Rea, Bhartiya Nyaya Sanhita, Information Technology Act,2000.