While the realm of artificial intelligence (AI) is booming with interest and opportunities, it is marred with uncertainties as far as legality is concerned. Not just in India but across the globe, governments are indulged in a cat-and-mouse chase, keeping the laws updated with the rapid changes in technology. While India has not yet introduced specific legislation on artificial intelligence or machine learning, the existing laws can be utilised effectively to regulate the various aspects of these advancements. An artificial intelligence (AI) attorney can help entities navigate legal risks through the utilization of laws in the following domains:

• Consumer: Section 83 of the Consumer Protection Act that deals with product liability actions may be relied upon by AI users to file complaints against manufacturers and owners of AI-based products and services. The Bureau of Indian Standards has also constituted a committee that is developing the draft Indian Standards for AI. 
• Cybersecurity: Currently, the Information Technology Act, 2000, addresses all digital issues ranging from cybercrimes to data protection. Makers of defective AI may also be held liable under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023.
• Digital Service Providers: These include e-commerce websites, social media platforms, search engines, online marketplaces and other intermediaries. The Consumer Protection Act (E-commerce Rules) 2020 applies to AI-enabled e-commerce platforms. In case AI acts as an intermediary, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, apply.
• Evidence: Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides advanced legislation for the admission and reliance on electronic documents by broadening the meaning of ‘electronic records’ and also classifying them as primary evidence. 
• Finance: RBI and SEBI guidelines and advisories on electronic banking, data protection, and cybersecurity may be extended to AI-driven financial services. RBI has also established a committee to develop a framework for Responsible and Ethical Enablement of Artificial Intelligence (FREE-AI) in the Indian financial sector. Similarly, SEBI had floated a consultation paper on the proposed amendment for assigning responsibility for the use of AI tools by people regulated by SEBI.
• Healthcare: The provisions of the Clinical Establishments (Registration and Regulation) Act, 2010, Medical Device Rules, 2017 and the Drugs and Cosmetics Act, 1940, may be extended to AI-driven health solutions, devices, diagnostic tools, surgical instruments, and AI applications in drug development. 
• Intellectual Property: In the current form, AI cannot be an inventor of a patent, as the Patents Act 1970 specifically requires inventors to be natural or juridical persons. Similarly, AI-produced literary work cannot receive copyright protection since it requires authors to be natural persons. 
• Transport: Presently, there are no regulations for self-driving cars per se; however, the Motor Vehicles Act, 1988, establishes ‘no fault’ liability which means that the owner of a vehicle should be liable for compensation in case of death or permanent disablement, but the Supreme Court has ruled that the liability must be shifted to the manufacturers since liability cannot be imposed without an owner’s negligence.

Apart from the above-mentioned scenarios and the application of the corresponding laws currently in place, artificial intelligence attorneys in India also rely on advisories issued by the Ministry of Electronics and Information Technology (MeitY) from time to time. Attorneys practicing in the artificial intelligence domain may also be able to guide entities on the insurance options available to mitigate risks and liabilities associated with technology and how they may be able to leverage the existing options to cover those risks. Other concerns, such as the ownership of a product, privacy issues, ethical usage, job displacement and other unintended consequences, may also require an AI lawyer’s support. 

The government is actively pursuing AI regulation through policy developments such as the India AI mission to encourage Making AI in India and Making AI Work for India, the National Strategy for AI by Niti Aayog, and the taskforce constituted by the Ministry of Commerce and Industry. Other initiatives such as the US-India AI Initiative, Responsible AI for Youth, AI Portal, and Applied AI Research Centre also leverage the regulatory ecosystem of artificial intelligence and machine learning in India. India is also awaiting the enforcement of the Digital Personal Data Protection Act, 2023 and the replacement of the extant IT Act with the Digital India Act, which will hopefully address the lacunae in the AI legislation.