Author: Lavanya Verma, Student of Liberal Arts, Political Science Major, Bennett University
Commercial use of AI is a fairly recent concept. It has become a huge ongoing ethical debate whether AI should be used in Judiciary and governmental functions or not. It is a double-edged sword, with legal analysts being divided into two sides. One side being in favour of AI use, as it can be neutral, and free of human prejudice, and deliver a precise and straight-forward judgement. While the other side argues that human sense of judgement and justice is necessary to uphold justice for humans. The judiciary does not exist to serve machines and artificial intelligence. Only a human should be able to judge human crimes.
In the case of India it is a more complex debate, due to the addition of culture differences and attitude towards AI in general. Colleges and schools are raising awareness and promoting the use of AI, yet the older generations involved in the judicial system, including members of the Bar Council and legal benches, are still debating its implementation. Despite this, it’s evident that a balanced approach is necessary.
1st Use of ChatGPT in Indian Judiciary
In a first, Punjab and Haryana high court uses CHATGPT to decide bail plea.
A bench being led by Justice Anoop Chitkara was hearing a bail petition for an accused captured in June 2020 on charges of revolting, criminal intimidation, manslaughter, and criminal scheming.
The bench looked at the conclusion ChatGPT drew with respect to the legitimate statute around the world on giving safeguard in a case where the blamed has been charged with an account of manslaughter including remorselessness. Still, the judges made it abundantly evident that references to the viral chatbot are as they aim to show a larger picture of safeguard legislation in cases where lack of remorse could be a factor.
The Judges at last inquired ChatGPT, “What is the legislation on bail when the charged ambushed with cruelty?”
As per a report within the Indian Express, the chatbot answered, “Jurisprudence on bail for cases where the attackers have ambushed with cruelty will depend on the particular circumstances of the case and the laws and controls of the jurisdiction.”
It included, “However, in common, if the assaulters have been charged with a cruel transgression that includes manslaughter, exasperated attack, or torment, they may be considered a threat to the community and a flight chance. In such cases, the judge may be less aligned to allow bail or may set the bail sum exceptionally high.”
After hearing from ChatGPT the bench rejected the bail petition of the accused. In it hearing the bench said, “To cause death without emotion is indifference, but if cruelty leads to death, the situation shifts. When a physical attack is carried out with brutality, the criteria for defence also change.
The court, made it clear that “Any reference to ChatGPT and any reference made was aiming to show a broader picture on bail petitions, where cruelty may be a figure.
Responding to the use of ChatGPT by the court, a high court lawyer Saurav said, “It is a good step, it can have both positive and negative effects, which will be decided in future. He also said that artificial intelligence cannot be a threat to the jobs of lawyers, it can only be used as a tool.
Nishadh Ahuja, who has been practicing in the HC for the last three years while reacting the judgement in the high court using ChatGPT, said that in the initial stages, the use of ChatGPT may not be a threat to us, and can be used as a tool to make our work easier in the future.
Because ChatGPT and artificial intelligence are in their early stages, it is too early to say that this could threaten a lawyer’s job. To give examples, he said that when computers were in the initial stages, people thought that computers would take away their jobs but if seen today all the work in the IT sector is done with computers and it is creating employment for many people, he said
Ever since it dispatched in November final year, ChatGPT has taken the world by storm, with other ways of utilizing the chatbot still being found. Open AI, the company responsible for ChatGPT, has as of late disclosed their most recent dialect demonstration, GPT –4, which they claim is indeed more dependable, precise, and has the capability of comprehending more nuanced inputs.
Conclusion:
While the use of AI in the Indian judicial system is in its nascent stages, it holds the promise of transforming the way courts operate, potentially reducing case backlogs and improving access to justice. However, its success will depend on addressing ethical concerns, improving digital infrastructure, and ensuring that AI supplements rather than replaces human judgment in judicial processes.
FAQS
The use of Artificial Intelligence (AI) in the Indian judicial system is a rapidly evolving area. Below are some frequently asked questions (FAQs) and their answers regarding AI in the Indian judiciary:
Q1. What is the role of AI in the Indian judicial system?
AI is being integrated to improve efficiency, enhance case management, and reduce the workload of courts in India. AI tools can help in legal research, drafting, case analysis, and even in automating routine court procedures like document filing and scheduling. These tools are primarily designed to support judges, lawyers, and court staff in decision-making processes.
2. What AI initiatives have been taken in the Indian judiciary?
Several AI-based initiatives have been launched in India’s judicial system:
– SUPACE: The Supreme Court of India introduced the **Supreme Court Portal for Assistance in Court Efficiency** (SUPACE) in 2021, which aims to help judges with legal research using AI.
– SUVAS: An AI-based **translation tool** called **Supreme Court Vidhik Anuvaad Software (SUVAS)** is being used to translate court judgments into different Indian languages.
– E-Courts Project: Though not entirely AI-based, the E-Courts Project digitizes court records and enables e-filing of cases, with future potential to incorporate AI functionalities.
3. How does AI improve judicial efficiency?
AI can significantly reduce the time taken to process cases by assisting with:
-Legal research: AI tools can quickly search through large legal databases to identify relevant precedents and laws.
– Case prioritization: AI can help courts identify which cases are most urgent or need faster resolution.
– Predictive analysis: Some AI tools are being developed to predict case outcomes, assisting lawyers in preparing cases and helping judges with insights.
4. Can AI be used to deliver judgments?
No, AI in the Indian judiciary is not intended to replace judges or deliver judgments autonomously. Its role is limited to assisting judges by providing them with better tools for analysis, research, and case management. Judicial discretion and human decision-making remain central to the legal process.
5. What are the potential benefits of AI in the judiciary?
– Faster case processing: AI can reduce the time spent on repetitive tasks, such as research and documentation, allowing judges and lawyers to focus on core legal issues.
– Reduction of pendency: By streamlining case management and improving administrative functions, AI can help reduce the enormous backlog of cases in Indian courts.
– Access to justice: AI tools can make legal services more accessible to the general public by automating simple processes, translating legal documents, and providing legal information.
6. Are there any challenges associated with the use of AI in Indian courts?
Yes, there are several challenges:
– Data privacy and security: Handling sensitive legal data with AI systems requires robust cybersecurity measures.
– Bias in AI algorithms: AI tools may reflect biases present in the data used to train them, leading to potential unfair outcomes.
– Ethical concerns: The role of AI in a justice system raises ethical questions about fairness, transparency, and accountability.
– Digital literacy: Many lawyers and judges may need additional training to effectively use AI tools.
7. What legal frameworks regulate the use of AI in Indian judiciary?
Currently, there is no specific legal framework governing AI in the Indian judicial system. However, laws related to **data protection** (e.g., the **Digital Personal Data Protection Act 2023**) and emerging guidelines for the ethical use of AI in public services are expected to play a significant role in shaping the regulation of AI in courts.
8. Will AI make legal services more affordable?
AI has the potential to reduce legal costs by automating routine tasks and speeding up case processing, which could lower the overall cost of legal services for individuals and businesses. However, the implementation and adoption costs of AI systems could initially be high.
9. Can AI help reduce judicial pendency in India?
Yes, AI is seen as a key tool in reducing the backlog of cases in Indian courts. By assisting with case triaging, legal research, and document management, AI can free up time for judges and allow them to focus on more complex cases, leading to faster case resolutions.
10. Are there any international examples of AI in the judiciary that India can learn from?
India can learn from countries like Estonia, where AI is being used to resolve small civil disputes autonomously, and the UK, where AI tools help with legal research and predictive case analysis. Other countries, including the US and China, are also exploring AI in various capacities within their judicial systems.
