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VOL. 11, ISSUE 5 (2025)
Liability and accountability in ai-driven policing: Revisiting the doctrine of command responsibility in cyberspace
Authors
Pratyaksh Joshi, Dr. Yogesh Wamankar
Abstract
The rise of artificial intelligence (AI) in
Indian policing has transformed surveillance and predictive enforcement
strategies. However, this technological evolution has also raised critical
legal questions regarding liability when AI systems infringe upon
constitutional rights or cause wrongful outcomes. This paper explores the
doctrinal applicability of the command responsibility principle in cases of AI
misuse in policing within the Indian context. Drawing from constitutional
protections under Articles 20, 21, and 22, this study engages with landmark
Supreme Court rulings such as Nilabati Behera v. State of Orissa (1993) [10],
D.K. Basu v. State of West Bengal (1997) [5], and K.S. Puttaswamy v.
Union of India (2017) [9]. It evaluates statutory instruments
including the Information Technology Act, 2000 [8], Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 [2], and Bharatiya Sakshya
Adhiniyam (BSA), 2023 [3]. By analyzing ethical concerns such as
algorithmic bias and opacity, along with institutional mechanisms like the NHRC
and Police Complaints Authorities, the paper proposes extending supervisory
liability principles to the digital domain. It concludes with recommendations
for statutory reforms, algorithmic audits, and clear accountability mandates to
uphold constitutional values in AI-assisted law enforcement.
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Pages:75-78
How to cite this article:
Pratyaksh Joshi, Dr. Yogesh Wamankar "Liability and accountability in ai-driven policing: Revisiting the doctrine of command responsibility in cyberspace". International Journal of Law, Vol 11, Issue 5, 2025, Pages 75-78
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