REGULATING THE UNREGULATED: LEGAL ACCOUNTABILITY OF ARTIFICIAL INTELLIGENCE SYSTEMS IN THE ABSENCE OF COMPREHENSIVE FRAMEWORKS

Abstract

The rapid deployment of artificial intelligence systems across governance, commerce, healthcare, finance, and criminal justice has significantly outpaced the development of comprehensive legal frameworks governing their accountability. Algorithmic decision-making increasingly affects fundamental rights, yet responsibility for harm caused by autonomous or semi-autonomous systems remains legally ambiguous. This paper examines the challenge of attributing legal accountability for artificial intelligence systems in jurisdictions where sector-specific regulations and general legal principles operate in the absence of a unified statutory framework. Through doctrinal analysis of Indian constitutional principles, tort law, criminal liability, and emerging regulatory approaches, the study evaluates whether existing legal doctrines can meaningfully address algorithmic harm. The paper argues that reliance on traditional faultbased models and contractual disclaimers inadequately protects individuals against systemic risks posed by artificial intelligence. It contends that a rights-centric accountability framework grounded in transparency, explainability, and institutional oversight is essential to prevent regulatory vacuums from enabling unchecked technological power.