Regulating Generative AI in India: Liability, Due Process and Privacy

Generative artificial intelligence has moved from experimental use to widespread deployment across search, education, finance, healthcare, media, and public administration. In India, this shift has occurred without a standalone artificial intelligence statute, leaving regulation to the Information Technology Act, sectoral rules, and the Digital Personal Data Protection Act, 2023. The resulting legal framework addresses certain harms but remains inadequate in determining liability for AI-generated harm, procedural safeguards where AI influences public or private decision-making, and governance of personal data used in training and operating such systems. India’s AI Governance Guidelines, released in November 2025, adopt a risk-based, proportionate approach and reject the need for a horizontal AI statute at this stage. This article argues for a calibrated framework based on three pillars: clear allocation of liability among model developers, platform providers, and deployers; stronger due process protections where AI affects individual rights; and a privacy framework ensuring lawful data use, transparency, purpose limitation, and accountability. It concludes that India requires a rights-respecting governance framework that promotes responsible AI innovation while maintaining public trust.