Open Access Research Article
USES OF AI IN LEGAL PROFESSION: AN ETHICAL PERSPECTIVE
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Article Details
USES OF AI IN LEGAL PROFESSION: AN
ETHICAL PERSPECTIVE
AUTHORED BY - PIYALI CHAKRABORTY
Abstract:
Artificial Intelligence has
penetrated in legal profession due to its capability to provide desired output
in a time-bound and efficient manner. Various research is being conducted
regarding its usage and its demand is only increasing with time. The present
article discusses about how Artificial Intelligence is contributing in case management,
crime investigation, decision making, etc and what are the ethical dilemmas
that revolve around the usage of AI.
Keywords: Artificial
Intelligence, case management, crime investigation, ethical dilemmas.
Introduction:
The term ‘Artificial Intelligence’
was first coined by John McCarthy at a conference held at Dartmouth College in
the USA in 1956. Artificial Intelligence (hereinafter referred to as ‘AI’) can
be understood as a set of computer programs that allow computers to work
intelligently like human beings. AI has gained significant momentum worldwide
with its diverse usage across several disciplines. The legal field is
considered to be a labor-intensive and paper-oriented field. With the
increasing usage of AI, these days AI is widely used in crime investigation.
The present article will broadly discuss various uses of AI i.e. by legal
professionals, judiciary, and law enforcement agencies, initiatives taken to
promote the usage of AI and how it is affecting the justice delivery system, and
also ethical dilemmas associated with the usage of AI in the legal realm.
Review of Literature
Debakanta Mohanty’s paper titled ‘Artificial Intelligence in Criminal
Investigation and Criminal Justice in Indian Perspective’ talks about the
application of AI tools in crime investigation and forensic science,
initiatives taken by law enforcement agencies for using AI in crime
investigation and intricacies involved with AI and data protection.
Dr. O. Gambhir Singh’s paper titled ‘Artificial Intelligence in Forensics &
Criminal Investigation in Indian Perspective’ talks about the application of AI in crime
investigation and forensic science.
Srishti Agarwal’s paper titled ‘Use of Artificial Intelligence in Criminal
Cases’ discusses how AI can have an adverse impact on the justice system
especially when there is an inadequate legal framework in data privacy. Since AI is susceptible to manipulation of
personal data, if such an incident happens then the application of AI would
lead to biased decisions which may affect certain sections of society,
especially the minority community.
Anoushka Bidwalker’s article titled ‘Use of Artificial Intelligence in Criminal
Justice System’ discusses about pros
and cons of using AI and its impact on the justice delivery system and crime
investigation and initiatives taken to promote the usage of AI in judiciary.
Md. Imran Wahab’s article titled ‘Use of Artificial Intelligence in Police
Investigation’ discusses how AI has brought transformation in carrying out investigations
and solving crimes.
AI AND LAW
The discussion pertaining to the use
of AI and Law involves discussion pertaining to the usage of AI in the legal
profession, judicial domain, and police investigation which is discussed in the
foregoing paragraphs.
I.
AI in the Legal
Profession
The legal sector is still perceived
to be labor-intensive. The lengthy process involved in the adjudication of
cases makes litigation a time-consuming and costly affair. Thus, the
fundamental right of access to justice guaranteed under Articles 14 and 21 of
the Constitution is vitiated. Artificial Intelligence has recently embarked
into the legal realm with its usage limited to automated contract review, legal
research, transcription service, etc.[1]
Although till today, many lawyers are not ready to adapt themselves to these
modern technologies, a few lawyers and law firms such as Cyril Amarchand
Mangaldas are using these latest technologies to enhance efficiency in their
workplace.
II.
AI in the
Judicial Domain
The Hon’ble Supreme Court has
embraced AI by introducing two Artificial Intelligence tools namely SUPACE and
SUVAS. The tools enable expedited legal proceedings and help the
a)
SUPACE-Launched in the year 2021, the Supreme
Court Portal for Assistance in Court’s Efficiency (SUPACE) is an AI-based tool
that collects relevant information about facts of cases and applicable laws and
makes them available for judges thereby assisting judges in legal research.
b)
SUVAS- Supreme Court Vidhik Anuvaad
Software (SUVAS) is an AI-enabled tool used for translating legal papers from
English to vernacular languages and vice versa. The tool was used for
translating Keshavananda Bharati’s
case and was made available in 10 Indian languages on its 50th
Anniversary.
Jurisprudence of ChatGPT
The use of technology in helping
judges in arriving at a particular decision was aptly recognized in the case of
Jaswinder Singh v State of Punjab[2].
The Punjab and Haryana High Court used ChatGPT to decide on a bail application
pertaining to cruelty and brutal assault. In the instant case, Justice Chitkara
discussed the jurisprudence of ChatGPT and reiterated that the use of such
technology is not for deciding the merits of the case but to get a broader
perspective of a particular case.
III.
AI in Crime
Investigation
AI has made its footprint in crime
investigation and detection and law enforcement agencies of various states are
using AI-based tools for that purpose. For example, Gurgaon-based AI startup
Staqu Technologies in association with Punjab and Rajasthan Police has
developed ABHED (AI-Based Human Efface Detection), an AI-based tool used for
criminal identity registration and tracking of missing persons’ search.[3]
Similarly, the said firm in association with Uttar Pradesh Police has developed
TRINETRA, an AI-based app that enables law enforcement agencies in numerous
ways like searching for criminals using biometric features like images and
videos, identifying associates of criminals active in different parts of the
district and state, facial recognition, etc.[4]
ETHICAL USAGE OF AI
Since the inception of AI, several
discussions pertaining to its ethical usage have been at the forefront.
Although its usage is still being explored and efforts are put into the
application of the technology to enhance efficiency, reduce cost, and speed up
the process of litigation, several questions regarding its ethical usage in
legal proceedings need to be addressed which are discussed in the forgoing
paragraphs-
1.
Can AI be an efficient tool in case
management?
Case management involves
tasks scheduling court appearances, steps to be taken in each case, maintaining
various registers, preparing synopsis of regular legal proceedings, transcription,
etc. These jobs are clerical in nature
are require minimal intelligence. Since the job is a mechanical one, AI can
prove to be an efficient and effective tool, thereby reducing the burden of
court employees. These days case management softwares is put in use to complete
such tasks. Transcription is considered to be part of case management and AI havemade
landmark achievement in this regard. The Supreme Court for the first time used
an AI-enabled transcribing tool in Subhash
Desai v Principal Secretary, Governor of Maharashtra & Ors.[5]
Later in 2023, the Apex Court made an initiative to create infrastructure for
an AI-enabled transcribing facility on the court premises.
2.
Can AI replace judges and how would
it impact the administration of justice?
While deciding whether AI
can replace judges, one needs to bear in mind that each case that comes before
the court is different from one another and poses several challenging issues
and questions that need to be addressed by judges by applying their judicial
mind. If these questions are answered mechanically, it may negatively impact
society and vitiate the administration of justice. Therefore, it can be
concluded that AI cannot replace judges although it has a feature to work
intelligently like human beings. The position regarding AI replacing judges was
made clear by then Chief of India Sharad Arvind Bobde during the launch of
AI-enabled SUPACE in 2021.
3.
Can AI maintain ethical standards if
it were to replace lawyers and/or judges?
The legal profession requires
lawyers to work diligently according to the needs of the client. AI uses
machine learning tools and if AI were to replace lawyers, it would have worked
mechanically thereby creating an adverse impact on society at large.
The legal profession is
considered to be a noble profession and lawyers and expected to maintain
certain standards as it would have a positive or negative impact on their
reputation. To practice as an Advocate, lawyers need to enroll themselves as
per the provisions of the Advocate’s Act, 1961. If AI were to replace lawyers,
they need not have to comply with the provisions of the Advocate’s Act, of 1961
which would be considered undesirable.
Similarly, for the proper
adjudication of cases, judges need to apply their judicial mind and for that
necessary training is given from time to time. AI cannot perform such work as
would function mechanically thereby rendering biased decisions that would be
prejudicial for society.
Thus, it can be concluded
that AI can neither replace lawyers nor judges but can assist them in various
work such as legal research.
a)
Can AI pose
a threat to an individual’s privacy guaranteed under Article 21 of the Constitution?
One of the major concerns associated
with AI when it comes to safeguarding individual privacy is the collection and
sharing of personal data. Data of an individual can be collected from various
sources such as smartphones, social media, details inserted while online
shopping, etc. The problem regarding data collection is that the individual
whose data is being collected is unaware of how their information is being
used. Personal data, if collected by a machine, can be manipulated and misused
which may threaten an individual’s privacy and life. AI requires a vast amount
of data to generate the desired output. While using AI in legal proceedings, AI
would require a vast amount of data from litigants to process information and
generate desired results. If adequate measures are not taken towards the
collection and sharing of personal data, there is every possibility that data to
get manipulated resulting in AI generating undesirable results that may lead to
biased decision-making by judges. This would impede the purpose of fair trial
and people may lose faith in the justice delivery system. Since in India, we
have only one law governing e-governance, cybercrime, and e-commerce transactions
i.e. Information Technology Act, 2000, we are left behind to realize that AI
has already become an integral part of life and there is a need to frame
special law regarding usage and handling of AI. Under these circumstances, it
can be concluded that AI poses a certain degree of risk in protecting an
individual’s privacy.
INITIATIVES TAKEN FOR THE DEVELOPMENT OF AN AI-BASED
ECOSYSTEM
Since AI plays a pivotal role in
handling cases and expediting legal proceedings, its usage has been recognized
and various measures have been taken by the Government in promoting R&D facilities
and creating infrastructure for the growth and development of AI, and making a
legal framework regulating AI. Some of the initiatives so taken are discussed
below-
The Hon’ble Supreme Court has constituted
the Artificial Intelligence Committee to explore the applicability of AI in the
judicial and legal domain and to further the objective of access to justice for
everyone and universal computerization.[6]
Similarly, NITI Aayog based on the
recommendation of senior advisor, Anna Roy established the AI Research,
Analytics, and Knowledge Assimilation (AIRAWAT) platform, an AI-based cloud
computing infrastructure.[7] The
establishment of AIRAWAT is based on the recommendations of the National
Strategy for Artificial Intelligence (NSAI) which has identified reasons that
are hampering the growth of AI.[8]
In the field of crime investigation, the
Indraprastha Institute of Information Technology has opened the Centre for
Technology and Policing to assist various departments of the Delhi Police. The
centre will assist the concerned department in identification of criminals, law
and order management, cyber policing, traffic management and combating
terrorist activities using Artificial Intelligence (AI), social media analysis,
biometrics, image processing, big data and network forensics.[9]
Similarly, Odisha Police has recently
taken an initiative to develop an AI-based search engine to extract information
about crime, criminals, and modus operandi. The AI-based search engine would
enable investigating authorities to find out about the past history of
criminals, total no. of crimes reported in a particular area, whether similar
incidents are happening in any part of the state etc. A Crime and Criminal
Tracking Network and Systems (CCTNS) database has been created that helps in
improving law and order, traffic management, digitization of FIR etc.[10]
Conclusion:
It is said that justice delayed is justice
denied. The delay in the delivery of justice is due to the lengthy process
involved in administering and overseeing the compliance of all relevant laws
involved in a particular case. The exploration of the usage of machine learning
and AI will not only help in reducing costs but also speed up the accessibility
of justice. AI-enabled tools can also help in bringing transparency and
judicial accountability. Although AI uses data that are collected to get
desired output, preserving such data becomes equally crucial to protect an individual’s
privacy. Lack of adequate legal framework relating to data protection poses a
threat to breach of an individual’s privacy since data so collected from
individuals are prone to manipulation that may not only harm an individual’s
dignity but may lead to crimes like identity theft and financial fraud. It can
also lead to biased decision-making that may affect certain group of society
and hamper the objective of a fair trial. Thus, it can be concluded that AI has
proved to be a boon taking into consideration its limited usage, however, care
needs to be taken regarding protecting data privacy.
[1] Aditi Prabhu, Artificial
Intelligence in the context of the Indian legal profession and judicial system,
Bar and Bench (February 5,2024 07:00 PM) https://www.barandbench.com/columns/artificial-intelligence-in-context-of-legal-profession-and-indian-judicial-system
[3] Kul Bhushan, Meet Staqu, a
start-up helping Indian law enforcement agencies with advanced AI, Mint
(February 1, 2024 04:45 PM) https://www.livemint.com/AI/DIh6fmR6croUJps6x7JW5K/Meet-Staqu-a-startup-helping-Indian-law-enforcement-agencie.html
See also Gagandeep Singh Narula, AI
and Indian Criminal Justice System, iPleaders ,(February 5,2024 08:00 PM) https://blog.ipleaders.in/ai-and-indian-criminal-justice-system/
[4] Staqu launches TRINETRA, an AI app
for UP Police Department, https://www.deccanchronicle.com/technology/in-other-news/291218/staqu-launches-trinetra-an-ai-app-for-up-police-department.html
See also Gagandeep Singh Narula, AI
and Indian Criminal Justice System, iPleaders ,(February 5,2024 08:00 PM) https://blog.ipleaders.in/ai-and-indian-criminal-justice-system/
[5] Writ Petition Civil No. 493 of
2022
[6] Use of Advance Technology At
Courts, https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1814536 (last visited February 1,2024)
[7] Debakanta Mohanty, Artificial
Intelligence in Criminal Investigation and Criminal Justice in Indian
Perspective https://thelawbrigade.com/wp-content/uploads/2023/01/Debakanta-Mohanty-JLSR.pdf
[8] AIRAWAT-Establishing an AI
Specific Cloud Computing Infrastructure in India https://indiaai.gov.in/research-reports/airawat-establishing-an-ai-specific-cloud-computing-infrastructure-in-india/
(last visited February 6,2024)
[9] Delhi Police gets artificial
intelligence centre to fight crime, terrorist https://www.business-standard.com/article/current-affairs/delhi-police-gets-artificial-intelligence-centre-to-fight-crime-terrorists-118120400449_1.html
(last visited on February 6,2024)
[10] Debabrata Mohapatra, AI-based
search engine to help copsgather data in Odisha, Times of India, (February 5,
2024, 9:40 PM) https://timesofindia.indiatimes.com/city/bhubaneswar/ai-based-search-engine-to-help-cops-gather-data/articleshow/97899740.cms
Article Information
USES OF AI IN LEGAL PROFESSION: AN ETHICAL PERSPECTIVE
Authors: PIYALI CHAKRABORTY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/10
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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