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Sunday, February 5, 2023

Artificial Intelligence in the Law Courts - Judiciary in India

Artificial intelligence (AI) is now becoming a pervasive and persistent part of our lives and will continue to do so in the future. 

Now we find AI embedded in shopping algorithms, navigational aids, and search engines. Algorithms drive social media and vehicles. Diverse fields such as human resources, finance, and medicine all rely on AI. Crime detection is also assisted by AI which can detect financial fraud and insider stock trading. Facial recognition algorithms powered by AI are used by investing agencies. Certain AI applications identify tumors with greater accuracy than medical personnel as per medical research.

Law has not always moved in tandem with the changing technology. In the last few years, with the increasing implementation of technology in the field of justice, there has been a rise in the use of Big Data and Artificial Intelligence (AI).

Judicial systems worldwide are using AI to analyze large amounts of legal data to help lawyers identify precedents in case law, enable administrations in streamlining judicial processes, and support judges with predictions on issues. AI and machine learning are on the way to transforming the practice of law, the role of courts, and judicial practice in the courts.

The Chinese judicial community seems to have adopted the trend of Artificial Intelligence (AI) and the Supreme People’s Court in China, in 2018, launched smart courts, smart inspection, and rolled out key projects such as the “smart court navigation system” and “intelligent push system”. 

Shanghai’s “206” criminal case intelligent auxiliary case system (206 system), Hebei’s “smart trial 1.0” trial support system and other local courts launched artificial intelligence products, not only comprehensively improves judicial efficiency, but also provides convenient and efficient technical support for judges to hear cases. (link)

Countries such as Estonia have already established an AI judge in a move to streamline government services and clear a backlog of cases for judges.

“The Estonian government used an AI judge to adjudicate small claim disputes such as contract claims under €7,000,” says Professor Michael Legg. Applying an AI system to process small claims is efficient as they do not involve an exercise of discretion. Similarly in Canada, AI has been used in some areas of the law such as strata property disputes and motor vehicle claims below a certain amount. In British Columbia, the Civil Resolutions Tribunal (CRT) uses a form of AI called an ‘expert system’. It helps a person assess whether they have a claim, brings together the information needed to make a claim, and facilitates online communications to try and resolve the claim,” Prof. Legg says. (link)

Artificial Intelligence (AI) is still essentially machine intelligence based on big data, algorithms, and computing power, not organic intelligence. With this, human society seems to have entered a new “intelligent era” overnight.

In India, the Supreme Court of India has constituted an Artificial Intelligence Committee that has identified the application of AI technology in the Translation of judicial documents, Legal research assistance, and Process automation. The use of technology in Indian Courts has helped the Digitisation of court records, e-filing of cases and their virtual hearing, and live-streaming of court proceedings. However, Speedy, efficient delivery of justice, enabled by Digitisation has a long way to go in India.

The "use of technology in judicial proceedings can make 'ease of justice' a reality" to enable the Ease of Doing Business (link). 

"...ease of justice is equally important like ease of doing business and ease of living; Urges District Legal Services Authorities to speed up justice delivery system.." : PM Modi (Link)

Under the eCourts mission by the Govt. of India, Virtual Courts are being started. This website is about Virtual Courts – Transforming Justice Delivery through Technology where, on a pilot basis, the system is being used for adjudication of traffic and transport challans, in select cities in India.


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