CULPABILITY AND CONSCIOUSNESS: REASSESSING INTENT IN THE AGE OF AUTOMATION

Abstract

The advent of AI and its rapid proliferation have profoundly challenged the traditional doctrines of culpability across the global legal systems including Indian legal system too. As automated machines have increasingly substituted human roles in decision and policy making whether in terms of commerce, healthcare, governance and even justice too- Now Law faces new contemporary challenges: How does the emergence of non sentient artificial agents challenge the applicability of traditional criminal law concepts of mens rea and intent? Who is responsible when autonomous systems malfunction, cause harm, or perpetuate bias—developers, users, or the AI itself? Through this Chapter efforts have been made to systematically examine the impact of automation and AI on established conventional legal doctrines of culpability majorly focusing on Indian Legal framework with the help of landmark domestic and international judgments and the emerging global comparative context. Developments such as the EU AI Act, the US Algorithmic Accountability Act, and pivotal Indian Supreme Court decisions are critically analysed alongside complex issues presented by autonomous vehicles, AI in the criminal justice system, and autonomous weapons under international humanitarian law. The text emphasizes the increasing inadequacy of anthropocentric legal models, explores strict and absolute liability doctrines for high-risk AI use, and details notable efforts toward algorithmic accountability and sector-specific regulation. Concluding, the chapter urges a principled, hybrid approach balancing innovation with fundamental rights, positing that robust legal reform—grounded in constitutional values and harmonized with global best practices—is imperative for assigning culpability in the age of automation.