The Use of Artificial Intelligence in Indian Legal System

Abhishek Banerjee, Abhishek Verma | April 2023

Introduction

“Artificial Intelligence is the science and engineering of making intelligent machines, especially intelligent computer programs.” – Alan Turing

The word Artificial Intelligence was first used by John McCarthy at the Dartmouth Conference in the year 1956 which gave birth to the new era in the scientific industry. However, prior to John McCarthy, Alan Turing in 1950 proposed a question “if machines can think”. The meaning of Artificial Intelligence (AI) can clearly be understood by breaking the word into two segments, Artificial, that is made by humans often a copy of something natural, and intelligence is ability to understand, learn, adapt, think, and analyze. AI system tests and assesses its performance each time it performs a series of data processing operations, using these results in the development of new skills.

In recent years, the impact of AI has been felt across various industries, including the legal sector. The Supreme Court has set up a committee on artificial intelligence to examine how AI is being used in judicial sector. The committee has recognized various ways AI technology can be used in legal work, including helping with judicial translation, assisting in legal research, and automating processes. One of the most significant developments in this regard has been the e-courts project, which was launched by the Indian Government in 2005 with the aim of improving access to justice and increasing efficiency in the court system. However, since 2015, a second phase of e-courts has been under development and after seven years the second phase is nearing its completion and a Detailed Project Report (DPR) for e-courts phase III has been finalized and approved by e-committee, Supreme Court of India and is set to embody components of AI and blockchain technology

Use of Ai in Court Rooms

In the year 2019, the Supreme Court Vidhik Anuvaad Software (SUVAS) was launched an AI system to assist in the translation of judgments.

Further, in the year 2021, a first-of- its-kind AI-driven research portal, the Supreme Court Portal for Assistance in Courts’ Efficiency (SUPACE), has been launched by the Supreme Court of India. A hybrid system that works wonders in conjunction with human intelligence and is a perfect combination of human intelligence and machine learning. AIcontrolled tool aims at processing only information and presenting it to judges for their consideration.

A constitutional bench of Hon’ble Supreme Court of India in the matter of Subhash Desai v. Principal Secretary, Governor of Maharashtra and Ors. WP(C) 493/2022 on February 2023 for the first time has also adapted the use of AI with natural language processing technology for live transcribing the proceedings

AI in the Indian Legal system is still in its early stages, it has the potential to greatly enhance the efficiency and effectiveness of the justice system. In November 2022 ChatGPT was launched it is a large language Model that is trained by OpenAI. It is equipped with the ability to comprehend natural language and produce responses to inquiries that resemble those of a human. However, there is not much use of ChatGPT in Indian legal system as of now, but in future it can impact the Indian legal system by providing access to legal information and services to people who would not otherwise have access. ChatGPT for the first time in Indian court used by Hon’ble Punjab and Haryana High Court at Chandigarh on 27.03.2023 in a case Jaswinder Singh v. State of Punjab and Anr. in CRM-M-22496-2022, for the purpose of view on bail matter when assault was laced with cruelty, the Hon’ble High Court used it for overview in bail jurisprudence. Further, it was stated and clarified by the Hon’ble High Court that the use of ChatGPT and any impression demonstrated are not a view on the merits of the matter and that the trial court will not consider these remarks. The reference solely serves to provide an overview of the jurisprudence bail in cases where cruelty is a key factor

Conclusion

AI in the Indian legal system is a relatively new phenomenon, but it has already started to make significant impact. Further, the use of Ai in the legal system also raises concerns about the impact on employment opportunities for legal professionals and the potential for bias in algorithmic decision making. Hence, it is important to ensure that the use of AI is implemented in a transparent and accountable manner.

About Author

Abhishek Banerjee

Abhishek Banerjee is a Principal Associate with S. Jalan & Co. and has over 5 years of experience and currently practices in the field of litigation and focuses primarily on writs, suits and arbitrations. Abhishek has handled many high value construction and infrastructure arbitrations. He has a considerable experience of appearing before various forums including Calcutta High Court, National Company Law Tribunal, Debt Recovery Tribunal, Arbitration Tribunals and various other Courts/ Tribunals.

Abhishek Verma

Abhishek Gaurav Verma, working as an Associate with S. Jalan & Co., is a BBA LLB graduate from Law College Dehradun, Uttaranchal University in the year 2021. His primary area of practice involves Commercial Civil Suit, Civil Suits, Arbitration, IBC etc.,. He has a considerable experience of appearing before National Company Law Tribunal, NCDRC and various other courts.