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Exploring the Intersection of Artificial Intelligence and Laws in India: A Comprehensive Guide

In today's era of rapid technological change, the large-scale application of artificial intelligence (AI) has become an essential part of human life, and great transformation has occurred in human lives. The issues of liability and tort have become important to AI, which controls itself to a different extent, for detecting loss or damage resulting from activities.

The main problem is that there is no national or international law to treat AI legally, meaning AI cannot be directly responsible for its actions and the damage it causes. Additionally, it also raises the difficult question of whether AI should adopt legal behavior. As a result, the question arises: Who is responsible for the damage caused by the actions of AI?

By now, most of us have heard of artificial intelligence being launched as a technology that will change the world in the coming years. It promises self-driving cars, customer service chatbots like ChatGPT, that can think and learn pretty much for themselves, and more. So what does the word AI refer to?

In simple terms, artificial intelligence can be defined as the ability of a machine to act intelligently. Artificial Intelligence is the branch of computer science that aims to create "intelligent machines"[1]. In the words of John McCarthy, the father of Artificial Intelligence, �Artificial intelligence is the science and engineering of making intelligent machines, especially intelligent computer programs.�[2]

However, as per the draft Detailed Project Report (DPR)[3], Artificial intelligence (AI) may be used for forecasting and prediction, increasing administrative effectiveness, automated filing, intelligent scheduling of cases, improving the case information system, and communicating with litigants through chatbots that may help with early case resolution.

According to D.Y. Chandrachud CJ of India[4], �Technology is relevant as it fosters efficiency, transparency, and objectivity in public government. AI is present to provide a facilitative tool to judges to recheck or evaluate the work, the process, and the judgments.� The primary purpose is to give common people greater access to justice in the long run.

Research Methodology
Generally, there are two information collection methods, primary and secondary information collection process. The authors used secondary sources to collect data, including extracting information from articles, books, and the Internet.

Review Of Literature
The creativity and knowledge that AI systems offer were revealed to the world, and concerns about IP protection arose in the mind of people dealing with IP laws. Therefore, we need to explore more targets for legal and patent rights related to AI systems.

There are now machines that produce creative works that would qualify for copyright protection if created by humans. This requires a re-evaluation of Rules for AI systems around the world. Recently, a court in San Francisco ruled in Naruto v Slater[5] that animals are not legally entitled to a tort lawsuit because they are not human.

Carlos T. Bea and N. Randy Smith, Circuit Court Judges, and Eduardo C. Robreno, District Judge, In determining whether an ape can obtain compensation and injunctive relief for copyright infringement, Monkeys, and especially all animals, because they are not human, Although they have legal rights, they are not entitled to representation under the Privacy Act.

Historical Development And Emergence Of Artificial Intelligence

The "Enigma" code was coined by Alan Turing during World War II. Alan Turing was a British scientist whose "Enigma" code was used in German military communications. A �Bombe Machine� used to decode the Enigma message was built by Alan Turnand his team. The foundations of machine learning were laid by Enigma and Bombe Machine. According to Turing, a machine can be called "intelligent" if the machine can communicate with a human without the human knowledge that it is a machine.

The term "artificial intelligence" was first used in 1956 by the American computer scientist John McCarthy at the Dartmouth conference. The use of this term led to the establishment of research centers in the United States. The AI is run mainly by researchers like Herbert Simon and Allen Newell. Ferrenti Mark in 1951 successfully used the algorithm to control the game of checkers. Later, the General Problem Solver algorithm was developed by Newell and Simon to solve mathematical problems.

The development of algorithms for solving problems with mathematics and geometry was further developed in the 1960s. Machine Vision Learning and Development For the robot, machine learning was developed in the 1960s. The first intelligent humanoid robot was made in Japan in 1972. Its name was WABOT-1.

Indian IP Laws

Certain provisions in these bills generally prevent the development of these intelligent systems and deny intellectual property rights to works created by these systems. It's time to change these rules to adapt to increasingly complex technologies.

Copyright Act, 1957, and AI
Authenticity are essential to copyright. Authenticity is the source of copyright protection. Preservation of a work is only permitted if it is original, ie not copied by another work. Works do not necessarily contain new expressions of thought. All that needs to be said about the authenticity is that the instruction should not be copied from other works. For this reason, the work should be created by authors individually. There are two doctrines related to the test of the originality of a work. They are:
  • The Sweat of the Brow Doctrine.
  • Modicum of Creativity

According to the Sweat of the Brow Doctrine, authors can get a copyright on their works using with simple care and diligence. Not much creativity or originality is required. He gets entitled to the copyright number only because of the effort and expense he put into creating this work. As a speck of creativity, there is a sufficient amount of intelligence in creating a work There is originality in creating a work that uses creativity and judgment. The creativity level need not be high, but the minimum creativity level must be guaranteed for copyright protection.

The Indian courts in Eastern Book Companies v DB Modak[6] adopted a less stringent test. And stated �Having Carefully Read The Doctrine Outlined In The Resolution Above, We Cannot Say That The Ai ​​system Cannot Succeed With Creative Changes. Therefore, The Operation Of The Machine Can Pass The Originality Test.�

Section 2 (d) of the said act states �Author� means,
(vi) In Relation To Any Literary, Dramatic, Musical, Or Artistic Work Which Is Computer Generated, The Person Who Causes The Work To Be Created;[7]

The issue with this definition is the phrase �the person who causes the work to be created�. The proximity of the person with the work is essential and for this act person here means a legal person or a human. Thus, the present Copyright Act is not inclusive of Artificial Intelligence systems. Thus, when it comes to works created by AI, their authorship would be an ultra virus of Indian Copyright Laws.[8]

Patents Act, 1970, And AI
According to section 2(p) of the Patents Act: "Patentee" Means The Person For The Time Being Entered On The Register As The Grantee Or Proprietor Of The Patent;[9]

Further, according to section 2(t): "person interested" includes a person engaged in, or in promoting, research in the same field as that to which the invention relates;[10]

Section 6 states the people who may be entitled to apply for patents:
6. Persons entitled to apply for patents:

  1. Subject To The Provisions Contained In Section 134, An Application For A Patent For An Invention May Be Made By Any Of The Following Persons, That Is To Say:
    1. By Any Person Claiming To Be The True And First Inventor Of The Invention;
    2. By Any Person Being The Assignee Of The Person Claiming To Be The True And First Inventor In Respect Of The Right To Make Such An Application;
    3. By The Legal Representative Of Any Deceased Person Who Immediately Before His Death Was Entitled To Make Such An Application.
  2. An Application Under Sub-Section (1) May Be Made By Any Of The Persons Referred To Therein Either Alone Or Jointly With Any Other Person[11]

Section 2 (y) defines �true and first inventor�: �It Does Not Include Either The First Importer Of An Invention Into India Or A Person To Whom An Invention Is First Communicated From Outside India.�

But the meaning of terms like �patentee�, �interested person� etc. indicates that there must be a person (legal person), the intent of the legislator for the Law can also be understood as a human person or other legal entity. These regulations must be modified according to the necessities of developing social and scientific systems. India is a developing country and will remain so unless it makes legislative changes in very strong areas such as intellectual property. These are not impossible goals for a country like India.

Current Scenario Of Artificial Intelligence In India

According to an article by The Economic Times titled �the rising potential of AI/ML in India�s growth story�[12], it's amazing how India has changed since the first wave of technology years ago. According to a report by NASSCOM, the revenue of the Indian tech industry will increase by 15.5% to reach $227 billion by 2022. The business has helped create new opportunities, enabling millions of people to gain valuable jobs, develop skills and grow our economy. is changing this country forever.

Further, the article stated, While India has emerged as a major player in the technology space, business leaders must not only invest in R&D but also promote education to ensure our growth potential is needed to improve the economy. In addition, business leaders need to invest in human development and skills to hold on and differentiate themselves in the competitive global marketplace, especially in times of uncertainty, when others leave. As we invest in expanding our capabilities with a focus on further growth in AI and machine learning, Indian businesses will benefit and gain value in the global marketplace.

In 2018, India saw an increase of 108% in startups. Among them, artificial intelligence is seen as one of the fastest-growing fields. There are startups in artificial intelligence and nearly 400 in the field of machine learning. Private investors have invested close to $444,415 billion in India, which has increased since 2016. However, India lags behind countries such as China and the USA in terms of investment. Most of the beginners are in e-commerce, ed-tech, fintech, etc.

AI Strategy In India:

The development, adoption, and promotion of AI are evident in the Indian government's priority list; that is because of the potential of AI to make life easier and create a better standard of living for society.

NITI Aayog�s National Strategy For AI (AIFORALL)[13]
India has adopted a unique approach to its National Artificial Intelligence Strategy and focused on how India can use AI not only for economic growth but also for promoting social growth. The government calls it NITI Aayog #AIforAll to design and promote the concept. Therefore, the strategy aims to:

  1. Support and encourage Indians to find good jobs;
  2. Invest in research and projects that can increase economic growth and social impact; and
  3. The Project is expanding into other areas, including AI solutions in India a Developing country.

NITI Aayog published the Artificial Intelligence Consensus of India on 4th June 2018. NITI Aayog has developed mechanisms such as Collaboration with expert leaders and stakeholders to develop the Ditto concept, AI projects in various fields, and completed Evidence and Design Ideas to build a strong AI ecosystem in India. NITI Aayog defined AI as a truly transformative engine and created the slogan #AIforAll for the growth of AI in India.

The slogan was brought to India to meet the needs and expectations of gaining leadership in AI development. The strategy, the campaign, focuses on the use of AI for economic growth in India and aims to put India at the forefront of the AI ​​technology enhancement arena.

NITI Aayog has granted more than 30 policy endorsements to invest in scientific research, promote reemployment and education, build AI culture across assets, and promote integrity, privacy, and security in AI. Its beginning is a two-level collaborative strategy to support AI research.

First, the new AI Research Centers of Excellence (COREs) will focus on critical research. Second, CORE will act as a sponsor of the International Centers for Transformative Artificial Intelligence (ICTAI), which will focus on developing AI-based applications in key areas of society. In the above report, NITI Aayog has identified smart cities and smart mobility as the priorities of the region.

Ministry Of Electronics And IT (MEITY) AI Initiatives:[14]
Considering the potential impact of AI on business and society, and enacting AI Law, MEITY has established the following four AI groups. The Fourth Committee announced its reports in July 2019 and later published them in December 2019.

  • Report of Committee A: On Platforms And Data On AI
  • Report Of Committee B: On Leveraging AI For Identifying National Missions In Key Sectors
  • Report Of Committee C: On Mapping Technological Capabilities, Key Policy Enablers Required Across Sectors, Skilling,
  • Report Of Committee D: On Cyber Security, Safety, Legal And Ethical Issues.

AI Initiative By the Ministry Of Commerce And Industry:[15]
The Union Ministry of Commerce and Industry set up an AI Task Force in August 2017[16]. For "to incorporate AI in our thinking about business, politics, and law, having the ability to support's mission to become an AI-rich replica of India's mission to become a leader in the economy".

Given the general view that AI is a major problem solver in business, trends in AI in India include manufacturing, finance technology, healthcare, education, etc. that makes a difference, and National security. , environment, electronic services, retail and customer relations, etc. The report specifically seeks to understand the critical role government must play, and how artificial intelligence can solve problems.

Among other things, he proposed the creation of the National Artificial Intelligence Mission, an organization with nodes, to manage AI-related projects in India. The work of the task force is focused on shedding light on the development of AI policies in India. Its focus on technology is perhaps its greatest strength.

National Artificial Intelligence Portal
The government of India launched National Artificial Intelligence Portal named on 30 May 2020.[17] The portal will serve as a digital marketing platform for AI-related development in India. , Investments fund in artificial intelligence, resources, companies, and artificial intelligence-related schools in India. The Portal will also provide information, research papers, research papers, and more. It also has a chapter on AI related to education and new jobs. The Federal Government has also announced a project for the country's youth called Young Responsible AI. The aim is to make the students of the country suitable for the technology of the new age and to obtain the necessary AI tools and AI-related processes digitally.

Artificial Intelligence In The Legal Profession

AI is slowly entering the legal industry due to the advancement of technology and the legal business. There are many uses for AI in the legal world, and most of them are for legal research - often a time-consuming task. legal professionals take the time to find reliable legal advice. Therefore, intelligence can be used to support the main arguments of the case. This can be done by developing software that can answer simple but important questions.

Second, intellectual skills can be developed with due diligence steps to avoid stress and conflict- this step is called due diligence by the lawyer, these steps are important to avoid problems and confusion and are a necessary step to becoming a lawyer. What to do before litigation. This step is a long and arduous task, and as a result of skilled intellect, these steps can be done well and take a long time.

Artificial intelligence is a "Predictive technology. Most of the time, people with legal advice are often asked questions like "Do you want to continue this case" "Will we lose the case" or "Will we win the case". AI can use algorithms to answer these questions. In addition, intelligence can be used to indicate high-risk data and display the level of risk associated with the data if the client decides to test it.

Fourth, AI can be used for legal analysis. File Information and Login Forms are important steps in the process. However, this process is a time-consuming one. Therefore, artificial intelligence can be used. This information can be arranged by the lawyer in the special application. Law firms can use artificial intelligence to review contracts they've signed. AI can identify risky statements. Additionally, artificial intelligence can be used to create contracts. AI can identify a simple template that can be converted into a contract based on the facts and circumstances of the case.

Fifth, intellectual property can be used in patent applications. One of the main reasons for the development of intellectual property in India is the cumbersome and lengthy process of filing a patent application. Patent filing is tedious and time-consuming. Thus, an IP attorney can use artificial intelligence to design, draft, and review a document patent application.

Challenges Of AI Policy

AI has enormous economic, social, medical, safety, and environmental benefits. AI machines can help people acquire new skills and training, independent service design, provides more and faster production time, reduces effort, provides real-time monitoring of environmental pollution and air quality, network improves security protection and support. Produce in-country, reduce unnecessary healthcare, create new entertainment and human interactions, and develop real-time translation services to connect with people around the world. But there are some potential threats or challenges caused by AI.

The following are a few:
  • Enabling Beneficial AI Research And Development Systems
  • Economic And Social Impact
  • Accountability, Transparency, And Explainability
  • Privacy Issues
  • Fairness And Ethical Issues
  • AI Safety
  • Security And Cybersecurity
  • Catastrophic And Existential Risk

Conclusion And Suggestion
AI can be considered both a benefit and a limitation in an ever-evolving society. It likes to lighten the burden of lawyers and other professionals, but often it is dominated by people. Law is a profession that requires not only human intelligence but also human thought. There is no doubt that AI is useful for time-consuming tasks such as business research, but it also has its downsides.

The overall reliability of the AI ​​is limited. There are no legal entities authorized for artificial intelligence, so no one can be held liable for malfunctions caused by operation or malfunction. This tends to create social conflict. Artificial intelligence should be used wisely. Some general principles that could be considered when drafting AI laws in India:

Fairness and Non-Discrimination:
AI should be designed and deployed in a way that is fair and does not discriminate against any individual or group based on their race, gender, religion, age, or other characteristics.

AI systems should be transparent in their functioning and decision-making process. The data and algorithms used in developing AI systems should be open to scrutiny, and users should be informed of the basis for the recommendations or decisions made by AI systems.

Privacy and Data Protection:
AI systems should be designed to protect the privacy of individuals, and should comply with data protection laws in India. Data collected by AI systems should only be used for the purpose for which it was collected and should not be shared or used for any other purpose without explicit consent.

There should be clear accountability mechanisms in place for the development, deployment, and use of AI systems. This includes identifying responsibility for any harm caused by AI systems and ensuring that appropriate remedies are available.

Safety and Security:
AI systems should be designed and tested to ensure that they are safe and secure, and do not pose a risk to individuals or society. AI systems should be subject to regular testing and evaluation to ensure that they continue to function as intended.

Ethical Considerations:
AI systems should be developed and deployed in a way that is consistent with ethical principles, including respect for human dignity, autonomy, and the right to privacy.

These principles could serve as a starting point for the development of AI laws in India. However, the specific legal framework would depend on the particular context and needs of the country.

  1. Artificial Intelligence, and Intellectual Property Rights. Available at:
  2. What is A.I. Available at:
  3. Detailed Project Report (DPR). Available at:
  4. The economic times,
  5. Naruto v Slater, 888 F.3d 418 (9th Cir. 2018).
  6. Eastern Book Company v D.B. Modak, 2008 1 SCC 1.
  7. Copyright Act, 1957, sec. 2, cl. (d), (vi).
  8. 'Mounting Artificial Intelligence: Where are we on the timeline?' by Vaishali Singh, para.7. Available at:
  9. Patents Act, 1970, sec. 2, cl. 1 (p).
  10. Patents Act, 1970, sec. 2, cl. 1 (t).
  11. Patents Act, 1970, sec. 6.
  12. [Radha Basu, The rising potential of AI/ML in India's growth story, The Economic Times(5 February) "the rising potential of AI/ML in India's growth story"
  14. AI Initiatives By Ministry Of Electronics And IT (MEITY), Available at:
  15. AI Initiative By Ministry Of Commerce And Industry, Available at:
  16. Artificial Intelligence Task Force, Https://Pib.Gov.In/Pressreleasepage.Aspx?Prid=1627950.
  17. National Artificial Intelligence Portal, available at:

Award Winning Article Is Written By: Ms.Shaista Waseem, A Third-Year Student At Unity P.G And Law College, Affiliated With Lucknow University.
Awarded certificate of Excellence
Authentication No: JU318021791934-29-0623

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