INDIAN LEGAL SYSTEM
&
ARTIFICIAL INTELLIGENCE
The human being and the human society have been changed entirely as compared to earlier times the growth and advancements of the human being and society have significantly changed every practical element of existence. Artificial intelligence is one of the evident achievements that has considerably changed human civilization. In the last few years the breadth of AI progressed at an alarming rate, it is even said that AI has established itself as the critical element for the normal living standards in the globalized era. Therefore, everyone in the present world is reliant on some of the other ways just to get things done in an easier way. AI has significantly impacted the legal system in various ways.
WHAT IS ARTIFICIAL INTELLIGENCE?
Artificial intelligence is the creation of a digital system which is capable of achieving activities ordinarily involving human knowledge for example visual acuity, decision making, translation and so on. In common words, we can say that AI is the computer’s ability to learn without the intervention of a human being or human intelligence. So, we can say that AI can emulate the human comprehension and conduct tasks that are normally human require to do.
LEGAL ASPECT FOR ARTIFICIAL INTELLIGENCE?
AI has developed very effectively over a period of time, on the other hand, the Indian Legal System still has to go really long way towards completely adopting it, because our judicial system has really less modern in terms of the technical aspect. Indian legal system is so conventional that many things are still handled in a very retro way. It is impossible for a computer programme to provide the best potential solution on its own, as the human approach is critical for this type of activity. Dealing with human emotions is strongly intertwined and the robot or computer programme is unable to account for them. AI may not always provide suitable responses or proper solutions but it does a wonderful job of supplying facts and knowledge that humans can utilise to bring effective outcomes. It will assist judges to give speedy justice in the Indian judicial system. AI can be used in the Indian legal system in a very limited way as it has several law including civil, criminal, consumer and so on, we can use AI in the criminal justice system to recognize the pattern made by criminals but to use AI in each and every data point is a quite difficult task. Each and every case must be assessed and that also includes the collecting of proofs, documents, materials and a complete comprehension of the offence including the way it is done. Plaintiff’s attempt to substantiate the charge and many more. The exclusive method to make a consensus decision under criminal proceedings is to investigate all the evidence at the initial level and that includes the number of processes.
ADVANTAGES OF AI IN THE INDIAN LEGAL SYSTEM
AI is considered to have legal Research work with a lot of potential in the Indian legal sector, and a combination of artificial intelligence and law is expected to expand rapidly in the near future. Artificial intelligence in law is now being used in a variety of sectors and areas, including the following:
· AI legal software is proven to be beneficial and time-efficient when reviewing contracts, conducting legal research, or executing electronic discovery duties as part of due diligence. It also forecasts the likely outcome of cases that are being adjudicated before the Court of Law.
· Artificial Intelligence (AI) gives data points from previous case laws, as well as judgments and precedent law for use by attorneys in their cases.
· Artificial intelligence tools assist in delivering insights into IP portfolios, such as trademark search and registration, patents, copyrights, and so on.
· Artificial intelligence legal software also aids lawyers and law firms in creating invoices for the job they have completed. It allows for correct invoicing of a lawyer's services. As a result, both attorneys and clients benefit.
· Legal professionals can save time, they may spend as much time as they want on their laptops without worrying about running out of knowledge or resources.
· Our jobs will become more productive, the focus is maintained while allowing us to readily investigate the prospect of discovering fresh and related information on the subject.
PROBLEMS OF AI IN INDIAN LAW
AI’s stand under Intellectual Property Laws?
If creates any kind of software, the right to own property, as well as the ability to sue and be sued, is the core of legal people. Copyright had previously been awarded only to actual or legal individuals, and any machine or tool used to make any creative work was merely viewed as a tool, hence no copyright was issued in the name of the programme. Machine learning has aided the functioning of AI applications in recent years. The problem is whether the legislation of the IPR Act applies to work created by AI. Gaps between copyright and artificial intelligence copyright laws are prevalent, and they reduce the value of innovative goods.
AI can execute and be bound by contracts?
Only a "legal person" may sign a lawful contract under Indian law. Until recently, the accepted wisdom was that an AI could not be regarded as a legal person. As a result, a contract concluded by an AI on its own cannot be deemed a genuine contract in India.
Is it possible to grant Artificial Intelligence legal rights and responsibilities?
AI can be given legal personality depending on whether it can be given legal rights and responsibilities. The legal idea created for corporate corporates serves as a paradigm for giving AI legal personality. While corporations are ostensibly self-contained, they must answer for themselves through their stakeholders, whereas AI may be self-contained. At the moment, no legislation recognizes artificial intelligence as a legal entity.
CONCLUSION
The framework under which the judicial system operates has changed as a result of technological advancements. It's tough to predict the future of the legal industry without looking at the programme Al that's growing on legal tech platforms. The purchaser is now in charge of the law firm. Legal information is simply a click away. Internet software is used to do legal research. A legal framework controlling artificial intelligence is thus critical if we are to oversee legal tech enterprises and safeguard clients from data abuse. It is vital to keep track of the extent to which Al is used and incorporated, as well as to provide an appropriate legal framework. The Information Technology Act of 2000, in broad terms, is the only piece of legislation that 'touches' this subject. While Sections 43A and 72 of the Act do provide certain data security and privacy protections, the measures fall well short of providing genuine protection due to the opaque nature of these laws. It calls on India to enact comprehensive data protection legislation. In this scenario, India needs a robust data protection law. The government must put in place adequate protections by pre-reporting information extraction for certain users.
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