1*Research Scholar at IILM University, Gurugram. Email: arpitamish09@gmail.com
2Professor of Law at IILM University, Gurugram. Email: monica.yadav@iilm.edu
3Associate Professor at IILM University, Gurugram. Email: poojanagpal@iilm.edu
The large language models, image and audio portent creators and generative Artificial Intelligence (gen-AI) introduce fresh legal, ethical and regulatory issues. The Information Technology Act, 2000 (IT Act) is the main instrument of cyber-law in India, and it was created long before the appearance of gen-AI and, as such, has no provisions specifically aimed at the regulation of the algorithmic generation, synthetic content, or mass-scale model training. The current gen-AI risks, such as in the data protection, intermediary liability, deepfakes, misinformation, are critically discussed in this paper in their interaction with the current cyber-legal framework in India, which is the IT Act and associated rules. It considers the conformity of the statutory text to technological realities at the time, surveys concomitant legal development especially the Digital Personal Data Protection Act, 2023 as well as examines recent policy initiatives of the NITI Aayog strategy and MeitY AI governance guidance. There are specific legislative and regulatory reforms, the amendments of the intermediary rules, AI-specific duties of care, the mandated transparency and audit requirements, sectoral sandboxes, and enhanced data governance that are provided in the paper to adjust the IT Act era framework to the needs of the gen-AI and not to undermine innovation and digital inclusion.
Keywords: Generative AI, Information Technology Act, Intermediary Liability, Data Protection, India, MeitY, NITI Aayog
How to cite this article: Mishra A, Yadav M, Nagpal PB. Legal Challenges of Generative AI in India: Scope and Limitations of the IT Act, 2000. Int J Drug Deliv Technol. 2026;16(10s): 331-339; DOI: 10.25258/ijddt.16.10s.45
Source of support: Nil.
Conflict of interest: None