Digital India 2.0: The Growing Convergence of Cyber Law and AI Misuse
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| Format: | Recurso digital |
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2026
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| _version_ | 1866901836361891840 |
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| author | Dakshita Bharti |
| author_facet | Dakshita Bharti |
| contents | India's digital governance framework has entered a new phase in which decision-making is increasingly shaped by automated and data-driven systems. While initiatives under the Digital India programme have improved access, efficiency, and service delivery, they have also altered where discretion and accountability reside. This paper examines the growing convergence between cyber law and artificial intelligence-enabled misuse, and the resulting strain on India's existing legal framework. It argues that current cyber law, particularly under the Information Technology Act, remains structured around post-facto intervention, identifiable actors, and discrete acts of harm and assumptions that do not translate comfortably to AI-mediated environments. Through an analysis of automated decision-making, deepfakes, AI-enabled fraud, and platform-based moderation, the paper highlights how legal accountability becomes difficult to locate when outcomes emerge from opaque, probabilistic, and evolving systems. Traditional legal concepts such as intention, knowledge, and traceability lose clarity in contexts where harm is cumulative, dispersed, or procedural rather than immediate. As a result, legal remedies often arrive after damage has already occurred, addressing consequences rather than the conditions enabling misuse. The paper further argues that the challenge posed by AI is not merely technological but doctrinal. Automated systems normalise decisions without explanation, weakening the ability of individuals to contest adverse outcomes and eroding the practical effectiveness of existing safeguards. By situating these developments within India's broader governance trajectory, the paper contends that meaningful cyber law reform must move beyond reactive enforcement toward frameworks that prioritise transparency, procedural accountability, and public digital literacy in an increasingly automated state. |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_18991125 |
| institution | Zenodo |
| language | |
| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Digital India 2.0: The Growing Convergence of Cyber Law and AI Misuse Dakshita Bharti India's digital governance framework has entered a new phase in which decision-making is increasingly shaped by automated and data-driven systems. While initiatives under the Digital India programme have improved access, efficiency, and service delivery, they have also altered where discretion and accountability reside. This paper examines the growing convergence between cyber law and artificial intelligence-enabled misuse, and the resulting strain on India's existing legal framework. It argues that current cyber law, particularly under the Information Technology Act, remains structured around post-facto intervention, identifiable actors, and discrete acts of harm and assumptions that do not translate comfortably to AI-mediated environments. Through an analysis of automated decision-making, deepfakes, AI-enabled fraud, and platform-based moderation, the paper highlights how legal accountability becomes difficult to locate when outcomes emerge from opaque, probabilistic, and evolving systems. Traditional legal concepts such as intention, knowledge, and traceability lose clarity in contexts where harm is cumulative, dispersed, or procedural rather than immediate. As a result, legal remedies often arrive after damage has already occurred, addressing consequences rather than the conditions enabling misuse. The paper further argues that the challenge posed by AI is not merely technological but doctrinal. Automated systems normalise decisions without explanation, weakening the ability of individuals to contest adverse outcomes and eroding the practical effectiveness of existing safeguards. By situating these developments within India's broader governance trajectory, the paper contends that meaningful cyber law reform must move beyond reactive enforcement toward frameworks that prioritise transparency, procedural accountability, and public digital literacy in an increasingly automated state. |
| title | Digital India 2.0: The Growing Convergence of Cyber Law and AI Misuse |
| url | https://doi.org/10.5281/zenodo.18991125 |