Artificial Intelligence & Indian Legal System: An Analysis Author by Pragya Rao | Volume II Issue V |

Abstract

The advanced technology such as Artificial Intelligence is dispersed all over the world across multiple industries, providing them with ways to function better and efficiently. AI has aimed to provide machinery with a mechanism to replicate the human nature in domains of problem solving and critical thinking by providing the machine a thinking capability of its own. It holds enormous potential to reconstruct the manner of human interaction with the digital world and each other. With the data analytics attribute of AI which allows it to learn from its own experience allows it to have a deep learning process as such with natural language. Intelligent beings have a tendency to learn on their own from there surrounding environment and therefore calls for a requisite need to ensure that the impact of AI is positive and controlled to ensure its subservience to humans. This article employs a perspective of Artificial Intelligence to answer the question ‘whether a machine can act like a human being?’ The question not only draws the generic functions performed by humans but also the complex tasks such as judicial decision making thereby drawing a question over the significance of AI in the Indian legal system. The Indian legal system has been following a traditional method till now for the multiple tasks relating to the profession. We have considered the progress that AI has made over the years while keeping in mind all the benefits and setbacks which come along. The fact that AI provides support and save time gives it much need to be explored in this sector due to the apparent pending cases. Further, the current and possible relation and impact on the Indian legal system has been construed and conclusion is drawn with the practical attributes and what possible risk shall follow the same.

Keywords: Artificial Intelligence (AI), Indian Legal System

1. Introduction

The growth in computer independence has proven to change and upgrade the science and engineering technology. This fundamental growth of learning the intelligent behavior has shown to be beneficial for society, medical, law and order, productions, education and other sectors of human involvement.A basic concept behind Artificial Intelligence is that the machines will replicate human behavior in near future.Intelligence is an attribute which enables any entity to function with its sole mind.AI is concerned with the intelligent behavior of the computers and machines with such programs which reflect its thinking capability. When machines carry out any tasks which were to use intelligence if carried out by human, the machine is said to possess Artificial Intelligence.

Artificial Intelligence was conceived by John McCarthy in the year 1956. He then defined it as “The science and engineering of making intelligent machines, especially intelligent computer programs”.[1]It is a branch in computer science which formulates the ability to automate along with learning by receiving, analyzing, processing, and providing a result out of the given information all by itself, without any human interference.[2]AI systems are mostly powered by Machine Learning and done by Deep Learning. The data analytics attribute of AI which allows it to learn from its own experience allows it to have a deep learning process as such with natural language. It enables the computer machinery to perform the task solely which would have otherwise ordinarily required human intelligence. It also manages the learning from past experience to modify and avoid any ambiguity in future, thereby providing the machines a mind of their own to deal with situations.The reason for its necessity is the massive data-based services which are prevalent in every industry.

AI is mainly associated with the aspect of human intelligence that deals with reasoning, learning and problem solving.[3] With AI the machine has the ability to absorb any modification with any independent information and not only provide an answer to the specific questions but also to the generic ones. The data analytics attribute of AI allowing it to learn from its own experience allows a deep learning process as such with natural language.  A common example of such is gaming and speech recognition. Many sectors are already successfully using AI such as in gaming, speech recognition but the significance in the field of law is yet to be established and confirmed because of the complex nature of the legal industry.

1. History of Artificial Intelligence

Artificial Intelligence and Robotics are interlinked.[4]The history dates back to the year 1923 when the word robot was used for the first time in Karel Capek’s play named “Rossum’s Universal Robots” (RUR). Following this the word Robotics came into picture in the year 1945[5] when Isaac Asimov, a Columbia University alumnus, coined the term Robotics.

AI itself is a young field; it has inherited many ideas, viewpoints, and techniques from other disciplines. From over 2000 years of tradition in philosophy, theories of reasoning and learning have emerged, along with the viewpoint that the mind is constituted by the operation of a physical system. From over 400 years of mathematics, we have formal theories of logic, probability, decision making, and computation.From linguistics, we have theories of the structure and meaning of language. Finally, from computer science, we have the tools with which to make AI a reality.[6]

The inception of modern AI can be drawn to classical philosopher’s aim to narrate thinking capability of human a symbolic system. But the field was formally founded when after backing these developments, John McCarthy coined the term ‘Artificial Intelligence’ in the year 1956 by demonstration of the first running AI program at Carnegie Mellon University and further went on to modify the same by providing a language for it.[7] In 1958 John McCarthy invented LISP programming language for AI. Since then developments in this field such as robot ‘Shakey’ have been continuously made and are still going on.[8] And 51 years after its invention, Shakey has been declared an “IEEE Milestone.”

• Benefits and Drawbacks of Artificial Intelligence

AI replicates human behavior and subjected to same has a tendency to become both an asset and a liability. While the application of AI is enormous in different industry some of its major achievements and setbacks are listed below to have a closer look at what exactly are, we walking towards

AI has proved to transfigure multiple professional sectors, proving some of the benefits as listed below

1. Always at hand: on an average a human works only for 4-7 hours a day while handling their personal as well as their work life. A human body can only be exerted to a limit after which it can be fatal to them but an AI efficient machine is steady and can work continuously and efficiently without the necessity of break or getting bored, unlike humans. This is helpful for handling things such as helpline centers for various institutions which are required to provide 24×7 assistance.[9]
2. Engaging in danger: while human tends to look for solution for every possible problem, there are situations where interference of humans with the condition could be deadly. The ability for AI Robots to overtake risk off humans is one of its biggest advantages. Examples to support this are in situations such as diffusing bomb, exploring depths of the seas and oceans, handling pandemics and any other hazardous man-made or natural disasters.
3. Depletion of inaccuracy: error is a natural tendency of any human from time immemorial. However, if a program is duly framed the chances of the computer or machine making a mistake is potentially null. AI follows the principle of making decisions on the basis of information which has been gathered previously that tends to apply a certain set of algorithms therefore resulting in cutting off on the chances of errors and producing a precise possibility of accuracy. Diagnosis in field of medical science has attained the most out of this.The easy and accurate diagnosis has helped to carry out required treatments sooner than earlier.
4. Interaction assistance:There are organizations which require the customer service interaction for multiple reasons. AI can help providing voice and chat facilities to the customers with their problems. It has also been proven beneficial for the daily works that a human requires assistance for. Successful example of such is Apple’s SIRI and Google’s OK GOOGLE, which are regularly used by everyone whether to make a call or directing the route.
5. Accommodating for monotonous work: many people are assigned tedious work at their jobs on a daily basis. In such cases AI can help in completely automation of such tasks relieving humans and speeding up the whole process at the same time. This automation process can be used by multiple industries and departments such as packaging and labeling industry and departments tied up with verification of documents like the Banks.
6. Speedy conclusions: unlike humans who analyze the factors both emotionally and practically, the AI machines work on the information and data that has been programed and therefore delivers quick results. Current practical examples include games such as chess and other such having an automated opponent.

With every silver lining comes a dark cloud and so does some setbacks with AI

1. Exorbitant investment: AI is complex machinery and so the maintenance is equivalent. With everyday modifications and enhancements both the hardware and the software need to stay updated to meet the perquisites. The maintenance and repairs require plethora of costs let alone their creation.
2. Slothful humans:Rather than being a means of salvation for humans AI is making humans much lazy by automation of the mass work. This not only diminishes the skills but also the ambitions of humans.
3. Unemployment: with machines overtaking the major chunk of the work through automation the people who were earlier assigned to do these tasks manually lose their jobs since there is no more need for them. The efficiency of AI machinery and robots has reduced the human interference resulting to lack of opportunities.While as many as 47% of current jobs contain tasks that may be automatable, less than 5% of jobs will be fully automatable by 2030.[10]
4. Lack of creativity: machines are a product of human intelligence which work and perform tasks which they have been programmed for and anything else or out of the box is impractical for them. In case they are given a dissimilar information or command they are likely to crash or produce immaterial results.
5. Unreliable with concealment and data privacy: AI is programmed machinery and is powered by data, therefore making it prone to hacking.[11] The data can be turned against itself resulting to corrupt data or worse, failed machinery. Not only AI is prone but can also serve to assist in hacking.The malicious use of AI poses imminent threats to digital, physical and political security by granting highly efficient attacks. The AI efficient machines having capability such as speech recognition is able to understand human language which also makes it capable of understanding the conversations over the e-mails as well as phones which compromises with privacy of an individual.
6. Rise of cyber-crimes: with the current potential of AI being prone and contributing toward hacking, it is evident that it will result to a high rise in cyber-crimes.[12]

1. Impact of Artificial Intelligence over Indian Legal System

Judicial area holds daunting complexity especially when it comes to decision making where experienced legal expertise amalgamate with emotional competence. The concepts such as ‘reasonable care’, ‘intent’ and ‘delivery of justice’ are entangled in the human life. The fact that all judicial decisions except those of the higher courts in the given jurisdiction are subjected to review by higher courts puts the burden for precise and consistent judicial decisions.

The legal sector holds complexity due to its vast and dynamic nature and the different ideologies and circumstances that are different in each case.

While we have seen AI being implemented at highly effective scale in industries be humanoid robots or automated assistance in our phones there is very little innovation in the legal sector in context to technology. Indian legal system is yet to adopt AI to its regular business for support. The Indian legal system is still bound to the traditional methods when it comes various tasks such as documentation, research, examinations, predictions based on data analytics and much more. With many amendments in laws there has still been no significant progress with the technology in this sector.

AI is being used to some extend such as in diligence and analyzing contracts through automation. To understand the need for AI in legal sector certain areas of its possible usage have been listed below.[13]

1. Analytics: AI has the potential to analyze and retrieve potentially important information from multiple sources and backlogs along with judgments and precedents which could be applied to the current case
2. Compilation: It can help to compare reports and compile the data in one single document.
3. Research assistance: It helps saving time in research and fact-finding by going through multiple sources expediently and thereby reducing the burden of going through the sources manually.
4. Examination: Analysis of evidence and testimonies can be done with specialized AI systems to prevent any errors and produce a report free from any influence andpointing out to any discrepancies at the same time.
5. Document automation: It can prepare required documents just by submitting the required information which would manually take up a lot more time.
6. Intellectual Property: AI can provide insight into the existing portfolios of Intellectual Property and provide all the information such as registration of trademark, copyright, patent etc.[14]
7. Due diligence: by reviewing a contract and making legal research while performing due diligence along with rectifying errors in no time.

Along with the above attributes that will help the legal sector, the concern if AI will replace lawyers stands valid. The apparent fact that use of AI for purpose to assist and improve efficiency cannot target a lawyer’s job holds ground on the fact that the profession is steered by analysis, decision making and representation which together cannot be automated.

To support the theory, Justice SA Bobde, Chief Justice of India while addressing on the Constitution Day, 26^th November 2019 said, “We propose to introduce, if possible, a system of artificial intelligence. There are many things which we need to look at before we introduce ourselves. We do not want to give the impression that this is ever going to substitute the judges.”[15] Also while addressing on the 79^th Foundation Celebration Day of the Income Tax Appellate Tribunal, he said, “Though I must make one thing clear: Because we have been dealing with the introduction of artificial intelligence in courts, I am firmly of the view, based on the experience of systems that have used artificial intelligence, that it is only the repetitive area or decision making such as rates of taxation, etc., or something that is invariably the same or which is in a sense mechanical, and that must be covered by artificial intelligence”. He however cautioned stating that AI cannot replace humans, specifically the knowledge and wisdom of the judges.[16]

This approach of Chief Justice of India makes it apparent that AI is being looked upon with a view that it will benefit the Indian legal system. The major impact will be upon the huge number of pending cases which are yet to be addressed.

1. Conclusion

AI has shown a balanced positive and negative attribute towards its usage. The Indian legal system is in the initial stage of evolution with AI technology. This technology holds massive potential advantages which will further prove to be expeditious and cost effective.

The assumption of it to be a threat in the field of law is absurd. It has been evidently shown from the usage in other industries that it works towards enhancing the efficacy along with reducing the time invested over the tasks when done manually. The apparent reason for AI to not intervene and just provide support is that the judicial system holds features such as variability, complexity, flexibility, and discretion. The chance of AI to replace the manual and clerical work shall allow to the professionals to focus on other important aspects and make optimum utilization of the time while creating a balanced life by reducing off their load of work. The complexity due to the massive case data would in general require lot of time to analyze it accurately and the results might show errors even, but with AI this hefty task is simplified easily.

While the positive impact is highlighted, the concern about data privacy and protection is being acknowledged too. There is need of data protection in the systems with accountability of data controllers that will restrict and monitor the AI users while handling, retrieving and using the data. The personal privacy of the individuals needs to be prioritized, which brings the need of censoring machinery too to monitor and filter the said activities and data.

1. Suggestions

With the practical applicability of AI such as document assembly, case and backlog retrieval, it may also help in enhancing the quality and providing uniformity by means of flexible, efficient and accurate drafting of legal documents. It will serve to benefit the legal professionals by providing them the exact required information and thereby saving time and money.

While the parties to any case are subjected to have their vulnerable information too in the case files, there should be a mechanism to provide rights to the individuals to whom data is related.They should be entitled to rights such as, right to information, consent, right to object, right to demand restricted processing etc. This is to ensure that AI does not exploit any one individual to provide support or assistance to other and also to hold a check over it.

With correct measures, flexible technology and comfortable usage, AI can prove to be an asset and be an improving factor for the Indian legal system. It possesses the capability to reform the methods and provide for much convenient ones.

[1]https://www.dcpehvpm.org/E-Content/BCA/BCA-III/artificial_intelligence_tutorial.pdf  visited on 9th May, 2020 at 10:40AM

[2](2010) Nilsson, The Quest for artificial Intelligence, Cambridge University

[3]https://becominghuman.ai/introduction-to-artificial-intelligence-5fba0148ec99 visited on 9th may 2020 at 11:00 AM

[4]https://www.sciencedirect.com/science/article/abs/pii/000437028590013X

[5]KarelČapek’s play named “Rossum& Universal Robots” (RUR)

[6](1995) Russell and Norvig, Artifical Intelligence A Modern Approach, Library of Congress Publication

[7]1958 John McCarthy invented LISP programming language for AI.

[8]https://thenewstack.io/remembering-shakey-first-intelligent-robot/ visited on 11^th May, 2020 at 1:00 PM

[9]https://towardsdatascience.com/advantages-and-disadvantages-of-artificial-intelligence-182a5ef6588c visited on 11th May, 2020 at 1:40 PM

[10]https://www.skynettoday.com/editorials/ai-automation-job-lossvisited on 12th May at 10:10 AM

[11]https://iapp.org/media/pdf/resource_center/ai-and-privacy.pdf visited on 12th May at 11:00 AM

[12]https://www.darkreading.com/risk/cybercrime-ais-growing-threat-/a/d-id/1335924 visited on 12th May at 11:20 AM

[13]http://www.legalserviceindia.com/legal/article-631-impact-of-artificial-intelligence-on-indian-legal-system.htmlvisited on 16th May at 09:00 AM

[14]https://www.wipo.int/about-ip/en/artificial_intelligence/visited on 16th May at 09:30 AM

[15]https://www.analyticsinsight.net/supreme-court-use-artificial-intelligence-better-judicial-system/visited on 16th May at 09:50 AM

[16]https://www.bloombergquint.com/law-and-policy/ai-can-be-used-in-judicial-process-but-cannot-replace-human-discretion-cjivisited on 16th May at 10:15 AM