GOVERNING INVISIBLE ACTORS - A CRITICAL EVALUATION OF INDIA’S REGULATORY VACUUM IN AI-INDUCED CRIMES

Abstract

Artificial Intelligence (AI) has transformed the nature of crime globally, enabling new forms of digital impersonation, algorithmic manipulation, predictive profiling, and autonomous cyber-attacks. In India, the adoption of AI by both legitimate sectors and malicious actors has accelerated rapidly, yet the regulatory landscape remains fragmented, technologically outdated, and normatively incomplete. This paper critically evaluates the emerging phenomenon of AI-induced crimes within the Indian context, with a particular focus on the deepening regulatory vacuum. Drawing upon contemporary scholarship, comparative regulatory models, and evolving forms of cyber-criminal behavior, the analysis demonstrates that Indian law lacks clear statutory provisions, institutional capacities, and doctrinal clarity for addressing harms created by non-human, autonomous, or semi-autonomous digital agents. The paper argues that India requires a paradigm shift, from a human-centric responsibility model to a techno-normative framework capable of attributing liability, regulating AI development, and preventing abuse. Through a doctrinal and socio-legal examination, this study outlines conceptual challenges, identifies gaps in the Information Technology Act, 2000, and highlights the urgency of designing a future-ready governance architecture for AI-induced criminality.