Artificial Intelligence is study of the functioning of the human brain i.e.,
thinking, analysing, taking decision, providing the same ability to a machine. A
word saying by John McCarthy[i] "The science & Engineering of making intelligent
machines, especially intelligent computer programs".
Therefore, in simple words we can say that Artificial Intelligence providing a
machine ability to think. Without any discrepancy the aim of Artificial
Intelligence is to improve and intensify the computer functioning which is
related to human analytical problems with respect to the human knowledge in
order to enhance the virtual learning, better reasoning and enhancing problem
solving skills.
Applications of Artificial Intelligence beneficial in legal domain:
- Natural Language ProcessingInteraction with the computer that understands natural language spoken by humans.
- Expert Systems: Machine and Software provide explanation and advice to the users.
- Vision Systems: System explains understands and describe visual input.
- Speech Recognition: Artificial Intelligence based on speech recognition ability to hear and express sentences.
- Handwriting Recognition: Handwriting Recognition software reads the text written on paper, recognizes the shape of letter(s), and converts it into editable text.
However, it is rightly said that Artificial Intelligence is not capable of
replacing lawyers but, the progressive lawyers who use the Artificial
Intelligence will definitely replace those who don't. Whilst some of the lawyers
have initiated the use of the Artificial Intelligence though, there are still
some lawyers who are unable to use it.
It is a settled fact, that there is hardly any scope of errors in the legal
profession. Therefore, every citation, judgement should be read and recited
perfectly. This new technology will increase the competency, productive growth,
and leads to the inevitable growth of the human industry. The sole moto of
Artificial Intelligence is to replace the laborious work that includes legal
research, document mining which are becoming faster, better and cheaper with the
assistance of intelligent software
Artificial Intelligence in the Indian Legal System
India is a developing state, therefore has never stopped opportunities for
Artificial Intelligence in different sectors. India is one of the leading
countries among other countries that uses artificial intelligence by marking a
goal of approx. 20 percent. Subsequently, there is a slow progress of the state
with respect to the utilization of Artificial Intelligence in various aspects.
After 2017, Cyril Amarchand Mangaldas[ii] had introduced Artificial Intelligence
through its agreement with Kira systems, a Canadian software and almost 4% of
which is now utilizing the Artificial Intelligence based software for efficient
working. Moreover, "The Indian Society of Artificial Intelligence and Law" is
the only society in India that conceives of the incorporation of Artificial
Intelligence into the field of Law. It's a strong bonded relationship between
law firms and information technology
Artificial Intelligence: A No-Paper Evolution
Recognition of a person is on paper whether it be alive or dead i.e., the birth
certificate and then finally the death certificate. Legacy of paper in the
Indian legal sector is as old as of the laws that were initiated. In the past
era paper has been presented as the whole source of law as Manuscripts, Vedas,
Arthshastra, Quran, Bible etc. were preciously protected on the paperwork.
The
modern laws post-Independence like Indian Penal Code, code of Civil Procedure,
Indian Evidence act and others were a result of great paperwork. But this won't
stop there the modern laws prevailing in today's legal system like Farmer's
agriculture bills, the national register bill (CAA-NRC) and all other bills are
on the 'paper'.
But, the legislature body have initiated a first forward step
towards mother earth by representing the finance bill of 2021 from 'Bahi Khata'
to digitally on 'Tablet' (An Artificial intelligence device). The data analyzing
report on consumption of paper states out that India consume an average of 20kg
approx. of paper per day and India is the 5th highest utilizer of Paper on the
globe by so much of initiatives of government towards artificial intelligence it
can't be control and it will increase by 53% in next 6 years as per the report
presented in the United Nations.
The aforementioned precisely gives birth to two important questions that are as
follows:
- How it can be reduced? And;
- Who can make control over it?
Presently, all the Indian Sectors consume paper but majorly the consumption is
done by the legal sector. At the very first instance of a case, the paper
consumption is initiated with the registration of First Information report in
the Criminal cases or whether it be a complaint in a Civil suit. It is a
non-debatable fact that the Judiciary didn't came up with any preventive measure
in order to conserve paper until 2021.
The pandemic i.e., COVID-19 was an alarm
over the Judicial Organs to shut unnecessary use of paper. For instance, the Hon'ble Apex Court has revised its scheme to file the cases on "legal paper" by
replacing the filing with an ordinary A4 sheet. The initiation by the legal
sector tries to contribute to the Mother Earth and not only this from the online
proceedings the justice has been directly delivered to the victim's home.
The Lawyers are the most benefited out of introduction of the Artificial
Intelligence in the Legal Sector. This artificial intelligence has ensured a
wide range of opportunities by reducing the laborious work load from an
Advocate's shoulders enabling him to expand his work in the multifarious sectors
of law.
Prior to the introduction of the legal search engines the research with respect
to a judgement or any supporting proposition i.e., the ratio decidendi was done
physically with the help of Law Journals, commentaries etc. The process was
however beneficial but time consuming.
The Artificial Intelligence if casted off appropriately would help in creation
of the General Agreement to the different sector that require legal binding to
its goods and services. For instance, 'Purchasing an online software on the
internet, then the role of the lawyers arises in order to specify the terms and
conditions which are required to be met amongst the seller and the buyer. The
agreement gives legal protection to the purchaser and the seller of the software
that is prepared by the lawyer or legal practitioner(s) in accordance with
recent amendments and provision of the law with the help of Artificial
Intelligence.
The fine example of the endeavors that have been portrayed by the Indian Courts
with respect to the Artificial Intelligence is acknowledging the Summons sent
virtually to a person who is supposed to appear before the Hon'ble Court. In
order to comply with same, the Information Technology Act, 2000 states that if
the summons have been sent via Text message, E-mails etc. to the person supposed
to appear before the Hon'ble Court will be considered as 'received'.
The court of each district, the High Courts and the Supreme Court with
initiation of the Ministry of Law and Justice has taken out usage of artificial
intelligence which makes it more convenient to the victim's or the defendant in
that case this also help in reduction of usage of paper by directly recording
its day proceeding through Artificial Intelligence.
Artificial Intelligence in the Civil Cases
In the present era sales, purchases, partnership, mergers and acquisitions are
performed by online legal contracts and the legal services is primary
contributor to the world's economy i.e., serving approximately $1T to the globe.
Resultantly, the figures per se discloses the need of Artificial Intelligence in
the Legal Sector.
- Contact Reviewing and Analysing:
It is an undisputed fact that Contracts
inter alia legal agreements are considered as the blood vessels of our economic
system. Contract are to be viewed in bulk and on an individual basis. Lawyers
review contracts they make comments and redlines and therefore advise clients
respectively.
From the aforementioned it is crystal clear that the said process is lengthy,
moreover mistakes due to human error are pertinent to happen. So, the Start-ups
that includes Lawgeex, Klarity, Clearlaw and LexCheck are currently operating in
order to pursue with this vision. As rightly said by Clearlaw CEO Jordan
Ritenour that "legal professionals should be able to leverage large datasets to
make more informed decisions in the same way that marketing and sales
professionals have been doing for years". Contract Analytics i.e., negotiating
and signing a contract.
Subsequent to the legal enforceability of a contract it
can however be pretty difficult for the contracting parties to comply with the
signed terms and conditions. Currently, companies today operate in the dark as
to the details of their contractual relationships. The Artificial Intelligence
is capable of cutting this problem short. There are various software that are
contributing towards the artificial intelligence such as Kira Systems and Seal
Software. There are various new startups that are approaching to the same aspect
like Lexion, Evisort and Paper flip.
- Legal Research:
The concept of the research stays common in both Civil as well as
Criminal cases. It cannot be denied that the machine intelligence is
bypassing its way towards the gates of the legal research. Whether it be
practicing lawyers or the Law Students, the research is considered to be
the first and the foremost step. However, earlier the research work was
done manually by physically going through every commentary to find
relevant judgements.
Therefore, finding a suitable judgement was troublesome. To the
contrary, today we have search engines such as LexisNexis, Westlaw, SSC Online
etc. However, the Artificial Human mind also known as the Artificial
Intelligence levels up the said process, thereby, taking it altogether to a
different stage that goes beyond the concept of mechanical key-word matching to
a stage of surfacing actual relevant judgements.
Considering the boom in the legal sector and highlighting the current scenario,
the companies such as Casetext and ROSS Intelligence provide a more erudite
semantic platform in order to empathize understanding of legal opinions and
their actual meanings.
Artificial Intelligence in the Criminal Cases
The Artificial Intelligence have aiding in the Modern Criminal Investigations.
The Courts and the police personnel having aid not only in the crime detection,
but also in the prevention and prediction. The advanced Artificial Intelligence
are developed to recognize Crime Patterns, suspicious incongruities, future
crime spots, assessment of crime risk factors, and to detect criminal
networks/gangs.
- Pattern Recognition:
The pattern recognition is the process of understanding
and learning of the algorithm and generation of output value. The pattern
recognition is identification and comparison of specific patterns as in any
suspicious data and it is one of the elements of forensic science. The
artificial intelligence has helped the investigation teams and the criminal
legal practitioner in analyzing the huge amount of data statistical and
probabilistic algorithms. the pattern that has been used in the recognition are
fingerprint, images, handwritings, human face and speech recognition.
- 'Deep Learning' has performed extremely well in the process of
"fingerprint recognition", its comparison and at a high level of accuracy.
Deep Learning output several features and structures with the sufficient
numbers of inputs of training data.
- Human Face Recognition one of the vital roles in the criminal
investigation. Criminal records are researched by the investigation
authorities and legal practitioner with help of modern data base and with
the advanced Artificial Intelligence Algorithms. The Neural Networks is
replaced by the facial recognition of modern Artificial Intelligence
Algorithms.
- Handwriting Pattern Recognition pattern recognition helps to recognize
and compare various signatures or handwriting pattern images. Algorithms of
pattern recognition neural networks models of Artificial Intelligence are
helping out experts and legal practitioner to recognize gender of writer,
age and it helps in tracing of records.
-
Brain Mapping:
It is a test that maps the brain to reveal 'Guilty Knowledge' through the
help of advance algorithm of Artificial Intelligence. The Brain Mapping is
used by the Legal Sector precisely for the interpret of the behavior of the
suspected, corroborated by investigating officer's observation and suspect's
statements.
Process:
- The accused statement is recorded to find our whether he/she is concealing
any fact or information.
- The sensors are attached t the accused head and make sit in front of
computer screen to see the images and hear certain sounds. iii. Then the
Artificial Intelligence (sensors) produces the electrical activities in the
brain and register P300 waves, which only generated when the accused has
connection with stimulus- picture or sound.
Its accuracy level is about 99.9%. Its efficiency is so high it is used by the
US top authority FBI. The Courts in India have given the consent to this test
but it is rarely used as off the lack of the test centers in India.
- Multimedia Analysis:
In a criminal investigation, the Artificial Intelligence enables an
individual to avoid minor shortcomings during analysis of image, video or CCTV footage. There is certain limitation to the traditional Software
algorithms that assist human experts are to predetermine features like eye
shape, eye color, distance between eyes for facial recognition and demographic
information for pattern analysis.
As compared to the Traditional, the Artificial
Intelligence algorithms would help in developing the multimedia analysis.
Subsequent thereto, investigators would not only be able to crack complex tasks
but also develop and determine their own complex facial recognition features.
Furthermore, the Artificial Intelligence would also facilitate the investigators
or experts of various arenas to watch over every minute detail that is ignored
because of the human error such as identification of weapons, audio analysis
(comparison of voices) and matching of faces.
- Crime Site Restoration & Virtual Reality:
The applications of 3D digital technologies and Artificial Intelligence
could be used to enhance particulars of forensic visualization. For
instance, it can generate 3D graphical models and animations automatically
to provide real time interactivity of the restored crime scene. Moreover,
virtual reality simulation in the forensic process includes graphical modelling of 3D virtual objects and human based measurements,
photos and animates the model to re-construct the crime site or occurred
incident.
Conclusion
The influence of the new age i.e. the modern technology in artificial
Intelligence on the legal profession had described its consequent for doing that
work with full ability and success that had been appropriately described by
former Chief Justice of India Dipak Misra[iii] while addressing a great
conference. The statement of the Ld. Former Chief Justice is produced hereunder
stated as:
"The modern technology states within the rules and regulations that adjudicates
them. Artificial Intelligence (AI) promises a very potential growth in various
sector. AI needs to be a strong legal framework around it which helps to explore
maximum benefits and gains. AI today is a growing multifold world and we still
do not know all the advantage, benefits or pitfalls. India has the right talent
and technological resources to enhance the artificial intelligence with legal
domain. With a powerful legal directive, the country can set as many milestones
with a strong command and belief over AI But India currently does not have
specific rules and regulations along with legal system that govern AI.
Hon'ble Justice DY Chandrachud[iv] spoke on the similar lines in an
interview, the opinion is produced hereunder and is stated as:
The idea of Artificial Intelligence is not to supersede the human brain or the
human mind or the presence of judges but to provide a favorable instrument to
judges to reassess and reevaluate the processes which they follow, to reassess
and reevaluate the work which they do and to ensure that their outcome is more
forceable and compatible and ultimately provide broad spectrum access to justice
to the common citizens of the country.
The Artificial Intelligence is a two-edged sword since, it has both a beneficial
as well as deteriorating factors.
The benefits of the Artificial Intelligence are as follows:
- Time Saver:
Negotiating a contract or resolving a case is for sure a very time-consuming
work because it involves a large amount of paperwork and documentation, a
large part of which is just mechanical. The mechanical works do nothing but
waste counsels' precious time. Hence, using such AI which reduces the work
of lawyers as well the judges, will be a gain on lawyers as well as clients,
who get their work done very faster.
Several pages of contracts can be easily scanned through the AI software and
majorly to find the essential elements of the contract and there is no
requirement of the lawyer to go through all the pages of documents and can
be saved for future purpose.
- Error Reduction:
The manual acting of things always involves a higher risk of committing
errors. The Artificial Intelligence has the ability to reduce the number of
errors to zero. This will also prevent the lawyer after-effects of drafting
an erroneous document with respect to dismissal and re-drafting.
- Creating Contracts:
Creating an error free is a different task for lawyer altogether. Therefore,
Artificial Intelligence devices can create contracts by utilizing effective
tools. AI devices serves as a self-service tool for the clients and lawyers
as well. For example, A Contract Express, which is contract automation
software that will help the client to create and produce agreements they
will require, where enter only a few terms and conditions then the structure
will deliver a standard parameter and easy to understand and therefore
prepared to use.
- Cost-Effective:
It would be pertinent to mention that installing an Artificial Intelligence
program requires huge amount of investment. However, in long term it would
be very cost-effective as it's a replacement of many paralegals or clerks.
All the work done by artificial intelligence will reduce the over burden on
clerk and moreover beneficial for finding any error in the research.
The Artificial Intelligence however has its own cons that can comprehend whether
the pros outshine the cons or not.
- Unemployment:
One of the banes of Artificial Intelligence is the extent of unemployment
that will be generated in the legal sector. According to Deloitte, it has
been surveyed that nearly 10,000 legal related jobs. Various report had
shown the trend by 2024 laws firms will be facing a huge growth in a new
talent strategy.
- Vulnerable to Attack:
With every document and contract being uploaded on a machine because of AI,
there are higher risks of cyber threats, such as the data getting hacked and
stolen. Therefore, cybersecurity issues rise with more no. of work being
done through Artificial Intelligence.
- Prone to Damage:
Limitation over Artificial Intelligence is that machine cannot be trusted as
a little damage can create a huge mess for the operator. The damage may not
reversible. Though, Artificial Intelligence may be errorless however, it
cannot guarantee accuracy of the system behavior.
- Ethical Concerns:
In the situation where wherein, Artificial Intelligence is used for
predicting outcomes, it must be kept in mind that artificial intelligent is
not intelligent enough in the matter(s) like equity judgement, wherein
merely the facts of the case per se cannot decide the case. Moreover, some
cases require an inherent nature of sensitivity present in humans however is
absent in software.
- Wealth Inequality:
The firms that are financial strengthened have the adequate resources in
order to adopt the new technology leading to wealth inequality. Since, the
Artificial Intelligence is an expensive solution therefore, the lawyers
having initiated their practice or the Start-up firms lack the funds to
explore the arenas in the field of Artificial Intelligence.
End Notes:
Online Journals and Articles
- http://jmc.stanford.edu/
- https://www.cyrilshroff.com/cyril-amarchand-mangaldas-the-first-firm-in-india-to-provide-efficient-legal-services-using-artificial-intelligence-says-the-lawyer-magazine/
- https://sundayguardianlive.com/news/original-intelligence-will-prevail-artificial-intelligence-tussle-dipak-misra
- https://timesofindia.indiatimes.com/india/law-must-keep-up-with-tech-progress-justice-chandrachud/articleshow/90341606.cms
Statues and Acts:
- The Information Technology Act, 2000
- The Indian Evidence Act, 1872.
Award Winning Article Is Written By: Mr.Siddharth Bhardwaj
Authentication No: JU315561928673-4-0623
|
Please Drop Your Comments