ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON INDIAN LEGAL SYSTEM- A COMPARATIVE ANALYSIS

ABSTRACT

Even in minor roles, artificial intelligence is unquestionably transforming every business, but its influence is greater than we initially realized. Though there haven’t been many technology advances in the Indian legal profession, attorneys are still at ease using practices that have been in the field for a while. These days, gathering, organizing, and storing data is much simpler. Artificial Intelligence (AI) has the potential to significantly alter how attorneys practice law, handle data, and work in general. Legal research is one of the areas where artificial intelligence (AI) has the most potential to upend the legal profession. AI can provide lawyers with instantaneous access to previously unattainable legal domain insights, notwithstanding the vastness and dynamic nature of the Indian legal system.

In the following article we will be reading about the concept of AI, its legality, comparison among various countries legal framework related to AI and its consequences on the Indian legal system.

KEYWORDS

Artificial Intelligence, Data processing tools, COMPAS (Correctional Offender Management Profiling for Alternative Solutions), Digital Case System, Chat gpt, Technology savvy.

INTRODUCTION

Although the Indian legal system is vast & evolving, artificial intelligence can instantly give lawyers unmatched legal area insights. The time and money needed for legal research is significant, which reduces the profitability of law companies. However, AI can give everyone in the legal field identical chances. AI-powered legal research solutions can be used by law firms of any size without sacrificing quality.[1] The main purpose of research is to provide solutions, and honestly AI is proving itself best in providing a complete solution just at a single click.

WHAT IS LEGAL RESEARCH?

Legal research is basically a process that is used to find the information that validates the legal decision making. The nature and scope of legal research is way more diverse and universal. It is used almost in every part of the world, whether the legislation is drafted or regulated or is about to get an existence. There are endless sources from where the valid information is extracted, it includes primary as well as secondary both sources, which means the information that already exist in the world as well as the new generated information based on certain knowledge, experience and beliefs.

WHAT IS AI?

AI or the term Artificial intelligence can be defined as a computer network-based system that is able to perform a task which usually required human intervention or intelligence. There are many types of AI tools that are power by machine learnings or some of them are powered by the rules. Basically, the AI software is a data processor that manages and uses universal data according to the need and questions of the user. It observes the social and environmental treads around and work accordingly. Due to the data-based services AI got its limelight and became famous.

HOW AI AFFECT DAILY LIFE?

There are endless ways how AI can help us in our day-to-day life, some of them are beyond imagination. The latest AI tools are interconnected with Internet of Things or we can say the smart devices used in an advance household. The AI tools like SIRI, JARVIS and ALEXA are one of the most common used AI types that are found almost in every smart device.

On a single click a person can enjoy his coffee from an automatic coffee machine, an prepare for his presentation while travelling from home to office in his automatic car, without paying attention on the road. Well all this is Artificial Intelligence. For better or worse, artificial intelligence has the power to significantly alter how people interact—not just with the world of technology but also with others, especially at work, and with other sociopolitical institutions. It is imperative that all relevant parties engage in the discussions regarding artificial intelligence if we hope to guarantee that its effects will be primarily favorable.

SIGNIFICANCE OF AI IN INDIAN LEGAL FRAMEWORK:

There are numerous ways how AI is helping in legal framework of India be it any aspect of legal field, it is one of the most commonly used tools in every field including legal framework too. Here are some of the significances and importance that AI plays in shaping the legal image of India.

CASE PREDICTION: there is vast amount of data available on the internet which can be used to predict the decision in a case, even the AI process the old cases and analyze accordingly.
HELPING TO PROVIDE JUSTICE: sometimes even the lawyers also use AI to gather the general information and an overview regarding a case. AI is also used to depict error and loopholes in various documents.
SPEED UP LEGAL PROCESS: AI usually helps in processing huge data and it also assess various cases that are pending and need to be heard quickly.
UNBIASED LEGAL SYSTEM: it can also be used to find biasness and mistakes in the legal system and work on the drawbacks.
CORRECT LEGAL DATA ANALYSIS: if the data is analyzed correctly, it can give wonderful results, in this way AI is used to do proper and time saving analysis for the legal data.
AI TOOLS ARE MAKING LEGAL LANGUAGE ASESSIBLE: usually it is very hard for a lay man to understand legal language and the nomenclature as well as the vocabulary of law. AI made it easy for normal people to understand what law is and help them to connect to lawyers in a better way.

USE OF AI IN ANOTHER COUNTRIES (COMPARATIVE ANALYSIS):

USA: the most prominent and famous AI used by USA Judiciary is COMPAS which stands for Correctional Offender Management Profiling for Alternative Solutions. This AI tool is primarily used to assist judges in risk assessment such as the criminal history of accused, mental health, background in order to predict recidivism of the criminals. They also use AI tools to assess punishment duration and type of punishment in order to give fair punishment and sentence to the offenders.
CHINA: Judges are assisted by AI systems in China’s Smart Court system, which can research previous cases and recommend relevant legislation and precedents. In addition, it can suggest punishments based on precedent-setting cases, enabling judges to render judgments with speed and accuracy and to carry out justice. AI is used by Chinese courts for legal study. The artificial intelligence-driven ‘China Decisions Online’ portal enables judges to locate pertinent court papers with ease.
UNITED KINGDOM: UK Ministry of Justice introduced the Digital Case System in 2020. Under this system cases are recorded digitally even the evidences are also submitted on the system itself that reduces paperwork and hardcopy formalities.

LEGAL FRAMEWORK TO REGULATE AI (GLOBAL AND INDIAN APPROACH)

A new volume for development of artificial intelligence product safety has been released by global group of AI experts and data scientists. The main aim for releasing this new volume is to mitigate risks and challenges such as biasness, discrimination etc.

Jurisdictions including the UK, USA, and EU have policies, guidelines, and white papers aimed at removing algorithmic biases and evaluating algorithmic impact. Recently, the legislation governing artificial intelligence that was presented was amended by the European Parliament. The proposed amendment would forbid the use of artificial intelligence (AI) in biometric surveillance, except for law implementation, and would permit generative AI systems such as ChatGPT to reveal content generated by AI, with judicial authority.[2]

INDIAN PERSPECTIVE:

Currently there is no such laws in order to regulate AI in India. Ministry of Electronica and Information Technology is the executing agency for the work done and strategies formulated in AI. Although Niti Ayog has framed various directive principles that are to be followed while operating AI as a service giver or service holder. These principles include the core values of humanity such as truth, integrity, trans piracy, morality and other values. In India the primary legislation for data protection is Information Technology act and rules constructed under it. Further the Digital Personal data Protection Bill has been introduced by MEITY, bit no formal enactment has been taken as such and it is still waiting for it. If this bill becomes a law, then people can have properly inquired about the personal data collected by government or by another body.

RISK AND CHALLENGES:

Confidentiality and Data Privacy: AI system basically depends on large scale data prediction in public domain, that data can be sensitive sometimes such as personal or financial data. So, it creates problem for the companies to comply with data protection laws in case of AI.
Bias in AI System: the outcome of a data needed sometimes depends on the environmental predictions including the factor of caste, society, sex, religion etc. therefore it is not always reliable to get the true merit.
Licensing and questions regarding accountability: unlike trained attorneys AI system does not require any license to practice law and give legal advice, therefore it will never comply to any ethical standard requirement and thus will not be accountable or responsible for any kind of breach in future.
Concern regarding competition: AI can function without the assistance of developers or coders thanks to its capacity for self-learning. But this might lead to economic and technological variations that aren’t fully understood now. These discrepancies can cause improper use of information and to upset the foundation that the Competition Act of 2000 put in place.

WHAT WOULD BE THE FACE OF FUTURE LAW FIRMS?

The competitions in legal sector has increased rapidly over past few years. Not just in India but in foreign countries also legal sector is increasing at its fastest pace possible. It is now necessary to take technological advancement as a tool and work on it.

Let’s examine a few characteristics of sophisticated law firms:

Improvements in client service: Over time, there will be a significant change in the way that clients are treated and serviced. Legal firms would present their clients with new concepts as well as more genuine and affordable legal solutions. These days, Indian law firms use the chargeable hour method, which bases prices on the time necessary to provide the services. But soon enough, this billing mechanism will become antiquated. A legal business can think about using a Performance-Based Pricing Strategy [PBPS] in order to provide better service to its clients.
Shift from Revenue to Higher Profits: Today’s legal firms prioritize increasing revenue, but this is extremely challenging because there is constant competition amongst law firms and a constant demand for legal services. Legal firms will now be more focused on profitability and efficiencies than on revenue.
Using technology as the cornerstone of growth: The legal industry has recently experienced a significant rise in client satisfaction and efficiency thanks to these innovative AI-based solutions. Patent searches, contract drafting digitization, and digital discovery technologies are just a handful of the legal IT companies that have sprung up in recent years. AI-based legal tools can help law firms grow more efficient, possibly reduce costs, or increase profit margins. In addition to implementing these technologies, the law firm of later on will work with other firms to create artificial intelligence (AI) solutions that could further advance the legal sector.
Strong emphasis on brand value: attorneys will prioritize their brands going forward. A single careless or subpar piece of advice from a small number of employees can damage a law firm’s goodwill, therefore to protect their image as a company, legal businesses must rely on AI-based platforms and legal products as well as adept at technology experts.

CONCLUSION AND SUGGESTIONS:

Suggestions:

By seeing the excessive growth in the use of AI it is very much necessary to have a unified and strict need of a codified legislation that is to be implemented in its true spirit unanimously. This will help in regulating the framework of AI in a more structured and organized way possible.

Conclusion:

It’s critical to keep in mind that artificial intelligence should support legal work, not replace it. While AI is capable of streamlining laborious and time-consuming processes, it is not capable of handling legal counsel, strategic decision-making, or sophisticated legal analysis.

Ultimately, attorneys are accountable for their professional accomplishments and have a duty to safeguard the interests of their clients. Artificial Intelligence (AI) can help legal companies become more efficient, but it cannot replace a lawyer’s knowledge and experience.

REFERENCES

[1] Dr Nivash Jeevanandam, Impact of AI in the Indian legal system on Indian Constitution Day 2023, [https://indiaai.gov.in/article/impact-of-ai-in-the-indian-legal-system-on-indian-constitution-day-2023], (last visited on 21-01-2024)

[2]Artificial intelligence in the context of the Indian legal profession and judicial system,[https://www.barandbench.com/columns/artificial-intelligence-in-context-of-legal-profession-and-indian-judicial-system ], (last visited on 22-01-2024)

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