Legal Challenges in Regulating Artificial Intelligence in India

Abstract:

Article gives a glimpse of legal challenge regarding AI . Though its not very vividly used in court of India. But technology growing at very high rate and its possible in near future that these technology will definitely enter in law field as well. AI is very prominently used in todays world and todays generation life actually revolves around the technology and which has lead to put limitations on thinking level of human and degrade their creativity level. So it's become important to talk on such issue which have possibilities to effect our life in near future. Judiciary being one of the four pillars and play important role in ones life from implementing laws to punishing the law breakers it's become crucial for us to discuss how our legal system is going to be effected by such technology. And also what views does judge hold in implementation of such technology in legal system.

Introduction:

Society's rapid technological advancements have made AI one of the most prominent technologies of our time. AI simulates human intelligence through machines, particularly computer systems, and includes applications like expert systems, natural language processing, speech recognition, and machine vision. Its integration into various fields, including law, aims to enhance efficiency, accuracy, and cost-effectiveness. Legal professionals increasingly rely on AI for tasks such as contract review, legal research, predictive analytics, and document automation. AI's ability to process large datasets swiftly and provide tailored information presents significant advantages. However, the adoption of AI in legal matters poses critical questions about its appropriateness and reliability. Judges and legal experts have varied opinions on AI's role in the judicial system, reflecting the broader debate on technology's impact on law. This introduction sets the stage for an in-depth exploration of the legal challenges and implications of regulating AI in India, considering both the potential benefits and inherent risks.

The Integration and Regulation of AI in Legal Processes

Society is very much dynamic in nature and with the changing time, society adopts new technology. Most prominent technology in today’s time is AI .AI is the stimulation of human intelligence processes by machines, especially computer system. Specific applications of AI include expert systems, natural language processing, speeches recognition and machine vision. There has been increase in the uses of AI in almost every field including law. The adoption of AI in law has been increasing due to the need for efficiency, accuracy and cost effectiveness. It includes contract review, legal research, predictive analytics and document automation. Technology is used to reduce human load and similarly AL analyze vast amounts of data in seconds and find information according to our needs. AI law algorithms work with electronic records more efficiently as compared to manually. Today’s generation life actually revolves around the technology. But using it on the legal matters is a big question mark, weather AI should be used in legal matter or not. Differences in opinion can be seen in every topics, similarly different judges have different opinion on the same.

AI application span various industries including research and education, industrial applications, customer support and healthcare, and promise increased efficiency, automation and refined decision-making processes. As per statista, the global AI market is expected to reach a value of USD 305.9 billion in 2024, expanding at a CAGR of 15.83% until 2030. No technology can be without flaws, if it has benefited human then also has certain drawbacks. The lack of a central legislative framework to grade, evaluate and govern the implementation of various AI tools is one of the significant handicaps for responsible AI development in India Existing Indian laws are inadequate to fully govern the proliferation of fake news, and the bias and prejudices embedded in AI tools. Niti Aayog – In 2018 Niti Aayog , the apex policy think tank of the government of India, released a discussion paper titled “National Strategy for AI”, focusing on AI role in critical sectors. In February 2021, Niti Aayog published “Principles for Responsible AI”, emphasizing safety, equity, inclusivity, privacy, transparency, accountability and values. Different opinions have been given by High Courts across India on using AI as part of the legal process. Many a time High Court has used Artificial Intelligence for research purpose. But in India – as in the rest of the world – court have been rather cautious about the use of AI for judicial work. Opinion of Manipur High Court and Punjab & Haryana High Court used AI for judgement purpose: In Zakir Hussain who was disengaged from his district’s Village Defence

Force in January 2021 after an alleged criminal escape from police station while Hussain was on duty. Hussain approaches court for challenging his dismissal under Justice A Guneshwar Sharma. Police was directed to submit an affidavit detailing the procedure for “disengagement of VDF personnel”. But affidavit submitted was found wanting and did not explain what the VDF was. This compelled the court to use AI for further research.Punjab and Haryana High Court: In March 2023, Justice Anoop Chitkara used AI to deny the bail plea of Jaswinder Singh accusedof assaulting an individual and causing his death. It was found that there was an element of cruelty to the assault – a ground which can be used to deny bail. Justice Anoop Chitkara clarified that the reference to AI was not the same as expressing an opinion on the merits of the case and that it “is only intended to present a broader picture on bail jurisprudence, where cruelty is a factor. Different view points have been put forward by different courts. On one hand where Manipur, Punjab and Haryana High Court used the AI to solve the matter but on the other hand Delhi High Court has been less receptive to the use of AI in court. Justice Singh held that AI cannot be used to decide “legal or factual issues in a court of law”, highlighting the possibility of “incorrect responses’ fictional case laws, imaginative data etc. generated by AI chatbots”.

It can be seen different point of view in seeing certain cases. Similarly for AI different courts have different view point, some in favour to use it in court room and some in not. Technology cannot be fully reliable, it cannot be equivalent to human mind. What man is capable of doing things with greater efforts cannot be expected from any system. Human mind is full of creativity, with different view points but on other hand technology will always stick to one common point. Dispite all the flaws it is acceptable fact that technology have reduce the human efforts and capable of doing task in shorter period of time and compiling large number of data in one and reducing time to search any material required from it within a second which actually take hours annually. Like coins have two side similarly technology also has two sides both positive and negative. On one hand if it reduce human efforts so also on other hand it has reduce the creativity level as humans are more dependent on technology. AI has many advantages but it should not enter law field on larger end since technology can make statements on common ground but in law field it about haw critically man thinks and solve the case which is an impossible task for any AI. But it is very useful for keeping data and files on larger number as to reduce efforts manually.

Conclusion:

The incorporation of AI into the legal domain in India presents a complex landscape of opportunities and challenges. AI offers significant benefits, such as improved efficiency and data management, which can streamline various legal processes. However, the absence of a comprehensive legislative framework to regulate AI poses substantial risks, including biases, inaccuracies, and ethical concerns. Judicial opinions on AI's role in legal proceedings vary, with some courts embracing its potential for research and decision-making, while others highlight its limitations and potential for misuse. The divergent views underscore the need for a cautious and balanced approach to AI integration in the legal field. While AI can augment certain aspects of legal work, it cannot replace the critical thinking and creativity inherent to human judgment. Moving forward, a robust regulatory framework and continuous dialogue among legal professionals, technologists, and policymakers are essential to harness AI's benefits while mitigating its drawbacks.