Abstract
The rapid integration of Artificial Intelligence (AI) into cybersecurity systems has transformed the landscape of digital threat detection, risk mitigation, and automated defence mechanisms. While AI-driven cybersecurity enhances resilience and predictive capabilities, it simultaneously raises complex legal, ethical, and regulatory challenges in India. This research critically examines the intersection of AI, cybersecurity, and Indian cyber law, highlighting the tensions between fostering innovation and ensuring accountability.
The study identifies three primary problems: the ambiguity surrounding AI liability and accountability, gaps in existing Indian legal frameworks governing AI-based cybersecurity, and the risk of ethical violations arising from automated decision-making systems. Through a doctrinal research methodology, the paper analyses statutory provisions, judicial pronouncements, regulatory guidelines, and comparative international frameworks, including approaches adopted in the European Union, the United States, and the Asia-Pacific region.
Findings reveal that India’s current legal regime, anchored in the Information Technology Act, 2000 and complemented by sectoral guidelines and the Digital Personal Data Protection Act, 2023, lacks explicit mechanisms for algorithmic accountability, transparency, and risk-based regulation of autonomous cybersecurity systems. The research underscores the constitutional principles of privacy, proportionality, and due process as critical parameters for evaluating the legality and ethics of AI interventions in digital security.
The paper concludes by recommending a risk-tiered, principles-based regulatory framework that balances innovation with legal safeguards, enhanced institutional oversight through bodies like CERT-In, sector-specific compliance guidelines, algorithmic auditing, and public-private collaboration. Such measures aim to ensure that AI-driven cybersecurity solutions contribute to robust digital governance while preserving individual rights and institutional accountability. The research contributes to the evolving discourse on AI regulation in India and offers a roadmap for harmonising technological advancement with legal and ethical standards.