Once again the latest uproar over the toxic concentrations of pollution in the Country‘s National Capital Region has brought to light the inability of India‘s Legislative and Legal processes to regulate the increasing air pollution. Despite the early Legislative Recognitions of Air Pollution problem and the parallel establishment of regulatory processes, India is unable to limit the sharp upward trajectory of air pollution. While several problems regarding the country‘s legal and regulatory system governing air quality deserves severe and urgent consideration, this article focuses in specific on one problem i.e. the liability system for infringement of air quality norms. This article is broken down into three streams. The first segment describes the appropriate law provisions relating to liability for causing air pollution either Civil or Criminal. The Second aspect discusses three critical problems emerging under the present responsive system: (1) The pollution control boards have no authority to impose penalties; (2) The prosecution of criminal offenses is not an effective solution; and (3) There is no full relief provided by the National Green Tribunal Act. The article‘s third and final portion suggests a way forward. It is suggested that extra enforcement powers should be given to the Pollution Control Boards, and administrative penalties should be implemented for violations, albeit under certain circumstances.