jurisdiction

Risk Rating 

Medium.

AI regulation in your jurisdiction

India  does not yet have a standalone AI focussed law.   However, with effect from 20 February 2026, India has its first set of binding, AI-specific obligations. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 introduce a dedicated due diligence regime for intermediaries in relation to synthetically generated information (i.e., deepfakes and other realistic AI-generated audio, visual or audio-visual content). These are subordinate legislation under the Information Technology Act, 2000 (“IT Act”) and apply only to intermediaries; they do not amount to a horizontal AI statute.

Existing Regulatory Frameworks Applicable to AI

Although a comprehensive standalone AI statute is not yet in place in India, AI governance is shaped by central legislation alongside circulars and notifications issued by the relevant Central Government ministry. These are as follows:

  • Information Technology Act, 2000: This is the primary legislation governing electronic communications, transactions and digital commerce in India. It penalises cyber crimes that may be have prevalent AI use such as  identity theft, cheating, privacy violations, and obscene publications through AI-generated deepfakes, and intermediary liability. 
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended with effect from 20 February 2026) (“IT Rules”): framed under the IT Act, these rules were amended by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 dated 10 February 2026 to introduce India’s first binding, AI-specific compliance regime. The amendments define “synthetically generated information” (“SGI”) as audio, visual or audio-visual information that is artificially or algorithmically created, generated, modified or altered using a computer resource in a manner that appears real, authentic or true and is, or is likely to be, perceived as indistinguishable from a natural person or a real-world event. The definition of SGI is subject to carve-outs for routine, good-faith editing, document preparation and accessibility uses. Any intermediary offering a computer resource that enables or facilitates the creation, generation, modification, alteration, publication, transmission, sharing or dissemination of SGI must deploy reasonable and appropriate technical measures, including automated tools, to prevent unlawful SGI (namely child sexual exploitative and abuse material, non-consensual intimate imagery and other obscene or sexually explicit content; false documents or false electronic records; content relating to explosives, arms or ammunition; and content falsely depicting a natural person or a real-world event in a manner likely to deceive), and must prominently label all other SGI and embed permanent metadata or other provenance mechanisms, including a unique identifier, which the intermediary may not allow to be modified, suppressed or removed. Significant social media intermediaries must additionally require a user declaration as to whether content is SGI, technically verify that declaration and label confirmed SGI before publication. Non-compliance of these obligations can expose an intermediary to loss of safe harbour under the IT Act that are otherwise typically available to passive intermediaries to safeguard from third party content liability.
  • Copyright Act, 1957: India’s primary legislation governing copyright protection extends  to computer generated works. However, it falls short of granting authorship of copyrightable works to artificial persons such as AI systems. The legislation does provide for various categories of fair use exemptions that may be relevant for training of AI systems.
  • Digital Personal Data Protection Act, 2023:  imposes obligations on "data fiduciaries" for informed consent, security safeguards, and breach notifications. It also requires "Significant Data Fiduciaries" to conduct algorithmic audits and data protection impact assessments for bias detection and mitigation.
  • Consumer Protection Act, 2019: protects consumers against unfair trade practices, including against dark patterns through  the Guidelines for Prevention and Regulation of Dark Patterns, which  proscribe deceptive designs including algorithmic designs and AI - driven misleading experience patterns.
  • Bhartiya Nyaya Sanhita, 2023: Provides criminal liability provisions applicable to malicious AI use.

Some sectors such as the following have provided policy guidance regarding AI-related activities:

  • Financial Services: The Reserve Bank of India have published a framework for responsible AI use, reiterating foundational AI use principles in the financial sector.
  • Antitrust: The Competition Commission of India (CCI) have published a report on AI and competition, recommending enterprises to self-audit AI systems for competition compliance and adopt transparency measures.

Regulatory Oversight of AI

There is no singular authority or regulatory expressly designated for regulation of AI in India. Since AI regulation is at a very nascent stage, there is no earmarked body or established procedure for enforcement dedicated to misuse or abuse of AI. Hence, enforcement is undertaken as part of t larger enforcement actions under various applicable laws as follows:

  • Ministry of Electronics and Information Technology (MeitY): nodal ministry for AI governance and policy coordination. MeitY undertakes dual functions of enforcement of laws in relation to AI as well as policy developments. Regarding enforcement, apart from being the nodal ministry for enforcement of the Information Technology Act, 2000 and the rules and regulations thereunder, MeitY also issues ad-hoc advisories regulating AI use from time to time. Under such advisories, intermediaries and platforms using AI systems are mandated to not permit any bias or discrimination or threaten the integrity of the electoral process.  Possible inherent fallibility or unreliability of AI output is advised to be appropriately labelled. Unique AI identifiers and labelling requirements are also advised. With effect from 20 February 2026, the substance of these advisories to the extent of labelling of AI-generated content, the embedding of unique identifiers and the deployment of automated tools has been codified as binding due diligence requirements under the amended IT Rules. For intermediaries therefore, MeitY is the principal enforcement authority for AI-generated content in India, although it enforces indirectly, through the intermediary safe harbour regime under the IT Act.
  • Copyright Office: the Indian Government’s office established under the Registrar of Copyrights to grant copyright protection, including to AI generated works.
  • NITI Aayog (National Institution for Transforming India): the Indian Government’s policy think tank providing policy guidance on AI.

AI Guidance, Policies, and Strategic Frameworks 

  • The NITI Aayog (National Institution for Transforming India) had published its National AI Strategy in 2018 that pursues inclusive growth through AI, focusing on five priority sectors i.e., healthcare, agriculture, education, smart cities, and smart mobility to drive economic growth and address societal challenges through responsible AI development.
  • The NITI Aayog’s approach document towards Principles for Responsible AI published in February 2021 establishes seven foundational principles—safety and reliability, equality, inclusivity and non-discrimination, privacy and security, transparency, accountability, and protection of positive human values—grounded in India's Constitution to guide responsible AI development across all stakeholders.
  • The Ministry of Electronics and Information Technology's India AI Governance Guidelines published in November 2025, recommends a pro-innovation framework with seven ethical principles, six governance pillars (infrastructure, capacity-building, regulation, risk mitigation, accountability, institutions), phased implementation timelines which balance responsible AI adoption with sectoral oversight.
  • The Ministry of Commerce’s Department for Promotion of Industry and Internal Trade published a Working Paper (Part I) on Generative AI and Copyright in December 2025 proposing a hybrid statutory licensing framework, granting AI developers blanket license for training while imposing royalty obligations upon commercialization, with a centralized collecting entity managing payments to copyright holders.
  • The Ministry of Electronics and Information Technology published its Frequently Asked Questions on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 on 10 February 2026. The FAQs are expressly stated not to be a legal document and not to replace, amend or alter the IT Rules, but they provide guidance on MeitY’s interpretation of the amended IT Rules. This includes guidance on the exclusions from the definition of SGI, illustrative examples of prohibited and permissible SGI, the labelling and provenance expectations, and the revised compliance timelines.
  • The Reserve Bank of India’s Framework for Responsible and Ethical Enablement of AI (FREE-AI Committee Report) provides for a balanced framework for  AI governance in the banking and financial services sector, anchored on seven principles (trust, people-first, innovation, fairness, accountability, understandable-by-design and safety), operationalized through 26 recommendations across dual innovation-enablement and risk-mitigation frameworks addressing infrastructure, policy, capacity, governance, protection, and assurance pillars.

International AI Standards and Guidelines 

As mentioned above, there is no standalone AI legislation or legal framework in India. However, various policy guidance relies on international AI standards as follows:

  • The Ministry of Electronics and Information Technology’s India AI Governance Guidelines of November 2025 references several ISO/IEC standards on AI and references NIST AI RMF as a voluntary framework.
  • The Ministry of Commerce’s Department for Promotion of Industry and Internal Trade published a Working Paper (Part I) on Generative AI and Copyright which extensively analyses the EU AI Act framework and also refers to the ISO/IEC 22989 standard regarding the definition of artificial neural networks and bias in AI systems.
  • The Reserve Bank of India’s Framework for Responsible and Ethical Enablement of AI (FREE-AI Committee Report) extensively references the OECD, particularly the OECD Recommendations on Artificial Intelligence, the OECD AI Incident Reporting Framework and the regulatory approach of the OECD to artificial intelligence in finance. It also references ISO/IEC standards on Guidance on Risk Management in AI Systems, AI Management Systems and Framework for Artificial Intelligence Systems Using Machine Learning. Further it also references the Financial Stability Board’s (FSB) November 2024 report on Implications of Artificial Intelligence. It also references global examples such as the EU AI Act, the UK Financial Conduct Authority (FCA) guidance, Monetary Authority of Singapore (MAS) guidance, etc.

Forthcoming AI Legislation 

Yes. A top bureaucrat from MeitY has reportedly stated to the press on 9 July 2026 that discussions are ongoing regarding standalone AI regulations and that a process of drafting will be commenced soon. The Indian Minister for Electronics and Information Technology too has stated in a media interview on 10 June 2026 that there is a requirement for a new law on AI and that the Indian Government is discussing with the industry to come up with a framework. However, the Government has not shared any further indications on an expected timeline for rollout of a draft.

A minister from the Ministry of Commerce in India had also stated before the Parliament of India in February 2024 that the current legal framework governing patents and copyrights is well-equipped to protect artificial intelligence generated works and related innovations, and that there is no need for separate legislative amendments.

Further, the Ministry of Commerce’s Department for Promotion of Industry and Internal Trade had set up a committee to evaluate whether any amendments to the existing copyright framework are required and provide appropriate recommendations. The first part of the working paper was published on 8 December 2025 and ultimately chose not to suggest any amendments to the law in the working paper. Further reports or publications of this committee are awaited.