Artificial Intelligence and Legal Frame Works In India

Paper Details 

Paper Code: RP-VBCL-14-2024

Category: Research Paper

Date of Publication: April 20, 2024

Citation:  Dr. C B Naveen Chandra, “Artificial Intelligence and Legal Frame Works in India", 1, AIJVBCL, 221, 221-230 (2024), <https://www.vbcllawreview.com/post/artificial-intelligence-and-legal-frame-works-in-india>

Author Details: Dr.C B Naveen Chandra, Assistant Professor, Vaikunta Baliga College of Law, Udupi, Karnataka.

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ABSTRACT

Artificial Intelligence (AI) is the replication of human intelligence in machines, where they are programmed to mimic human-like thinking and learning abilities. It involves the development of computer systems that can undertake tasks traditionally requiring human intelligence, including comprehension of natural language, pattern recognition, decision-making, problem-solving, and adaptability to new circumstances. It is revolutionizing numerous aspects of our lives, spanning technology, industry, healthcare, and governance. For example, Chat GPT, BARD AI, Mid journey, etc. are substituting the archaic way of writing content, software development, logistics and much more to ensure responsible AI implementation and address associated legal challenges, India has established a set of laws and regulations. According to Hindustan Times, India's Ai market is likely to see a 20% rise in the next few years. Former CJI SA Bobde has also spoken about increasing and adapting AI in India legal system which may actually help clear a lot of case backlog. Gone will be the days when it would take 20 years to dispose off a criminal case or get a divorce. This article focuses on that the technical limitations of AI systems should be reckoned with at the time of developing policy, and the societal and ethical concerns that arise due to such limitations should be used to inform what policy processes aspire to achieve and to find out what are the laws available for governing Artificial Intelligence.

Keywords: Artificial Intelligence, Chat GPT, Technology, Policy, Software.

INTRODUCTION

Artificial Intelligence (AI) is a phrase coined by John McCarthy, the father of AI. The Oxford Dictionary defines Artificial Intelligence as “the theory and development of computer systems able to perform tasks normally requiring human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages. Simply described, artificial intelligence (AI) is a vast discipline of computer science whose purpose is to develop systems that can operate autonomously and intelligently. It can be described as an intelligent machine capable of thinking, understanding, and acting on its own, as well as the ability to replicate certain human behavior.

Artificial intelligence in India is at a nascent stage as being a developing country the arrival of this technology is late. This technology is attributed to technological advancement in the 21st century where the rise of social networking sites and International multinational corporations’ investment in India has embarked on research and development in the field of artificial intelligence. As we can see this emerging amazing technology which works on the thinking process of a human being. Today we can see the global application of artificial intelligence in every sector of the economy. It has not only reduced the burden but has also increased the working efficiency based on smart technology. As the Indian government through its  policy-making body.

WHAT IS ARTIFICIAL INTELLIGENCE?

Artificifical Intelligence as employing technology to automate processes that would typically call for human intelligence[1]. This explanation of artificial intelligence highlights the fact that the technology is frequently concentrated on automating kinds of tasks those that are assumed to require intelligence when carried out by people[2]. Researchers have effectively automated some difficult tasks with AI technology, such as translating and playing chess speaking languages, and operating a car.  Humans use a variety of cognitive skills, such as reasoning, planning, strategizing, and decision-making, when they play chess[3] and also driving involves using a few brain systems, including those related to vision, spatial perception, situational awareness, movement, consciousness, and judgment.

Artificial Intelligence is a system that has the capability and ability to solve problems that we humans would normally solve using our natural intelligence. To elaborate further, the goal of AI development is to meet the need for and desire for automation in today’s fast-paced human lives. Artificial intelligence is currently being used to do mundane or even difficult tasks.

Artificial Intelligence (AI) is the replication of human intelligence in machines, where they are programmed to mimic human-like thinking and learning abilities. It involves the development of computer systems that can undertake tasks traditionally requiring human intelligence, including comprehension of natural language, pattern recognition, decision-making, problem-solving, and adaptability to new circumstances.

APPLICATION OF ARTIFICIAL INTELLIGENCE IN THE LEGAL WORLD

India is a member of the Global Partnership on Artificial Intelligence (GPAI). The 2023 GPAI Summit was recently held in New Delhi, where GPAI experts presented their work on responsible AI, data governance, and the future of work, innovation, and commercialization. The GPAI website[4] provides that “as a vital branch of the initiative, GPAI’s Experts produce deliverables that can be integrated into Members’ national strategies to ensure the inclusive and sustainable development of AI. Under the 2023 themes of climate change, global health and societal resilience, Experts worked to ensure that AI is used responsibly to address current challenges around the world. GPAI’s Members, on the other hand, adopted the 2023 Ministerial Declaration, reaffirming their commitment to the trustworthy stewardship of AI in line with the OECD AI Principles, as well as their dedication to implementing those principles through the development of regulations, policies, standards and other initiatives. In doing so, they highlighted efforts to bridge the gap between theory and practice, and advance AI that is responsible, sustainable, and inclusive for all.

Other Indian agencies are also working on AI policies for the country, including the Ministry of Electronics and Information Technology, which has created committees on AI that have submitted reports on the development, safety, and ethical issues related to AI[5]. The Bureau of Indian Standards, which is the national standards body of India, has also established a committee on AI that is proposing draft Indian standards for AI.[6]

INTERNATIONAL OPPORTUNITIES

The AI landscape in India is continuously evolving. Uncertainty, however, has not stopped both local and international interest and growth in this space. General Atomics Aeronautical Systems, Inc. announced a partnership with an India-based AI company, 114ai, to develop advanced technology for complex military systems. In September 2023, the US-based chip firm NVIDIA Corporation announced partnerships with Indian conglomerates Reliance Industries Ltd. and Tata group to develop cloud infrastructure and language models, wherein NVIDIA will provide the computing power required for building a cloud AI infrastructure platform.

An entity looking to enter the AI space in India should carefully consider the best legal route for such entry, whether through a joint venture, a strategic alliance, or a wholly owned subsidiary. Each route can be leveraged, and structures can be put in place depending on the level of investment and control required by the investing foreign entity. This is particularly important in a dynamic space like AI, where regulation is continuously evolving. Issues such as liability for harm caused, rights to intellectual property for AI systems, and privacy and data protection have not been fully fleshed out in regulations. Therefore, entities looking to enter this space should carefully consider the best legal and contractual protections[7].

There are various parts of AI in the legal sector can be discovered with adequate research and careful comprehension of the legal industry by IoT[8] app development companies. The current Artificial Intelligence applications in the industry can be categorized into six main parts: 

1.      Due Diligence: Advocates use Artificial Intelligence tools to perform due diligence and uncover background information. Developers have opted to integrate a slew of new features, including agreement review, legal inquiry, and electronic media for this section of the industry.

2.      Prognostication Technology: Artificial Intelligence (AI) aids in the generation of outcomes for legal investigations and agreement evaluations. This characteristic of AI programming appears to be extremely beneficial to legal firms and industries.

3.      Legal Mechanism: Advocates can obtain information points from prior or past instances using Artificial Intelligence technologies. They can also utilize this data to keep track of the judge’s instructions and forecasts. This technology is likely to become increasingly important on a global scale in the near future.

4.      Documenting Mechanism: Different types of software arrangements are used in the legal industry to develop papers that aid in the collection of data and information. In the law firm industry, there are numerous documents that are useful. As a result, it is really beneficial.

5.      Intellectual Possession: Artificial intelligence algorithms demonstrate lawyers how to examine massive IP files and extract meaning from a variety of attractive texts.

6.      Electronic Receipt: Lawyers used to make their own receipts for a long time. The billings of lawyers were turned electronic after AI software development technology was applied in these businesses.

ARTIFICIAL INTELLIGENCE AND LAW

India will serve as a center for innovative AI technologies in future.  The first law firm in India to use AI is Cyril Amar Chand Mangaldas. It is mostly employed for the analysis and improvisation of legal documents, such as contracts. Speaking on the topic of increased use of AI in the legal system, particularly in the areas of docket management and decision-making, is current CJI SA Bobde, at a function hosted by the SCBA, the Supreme Court Bar Association. However, a lack of willingness to adjust to this new development may prevent the regularization of AI use in developing nations like India. Additionally, there is concern that AI could have negative effects on an economy with a labor surplus like India, where most of the population is impoverished and illiterate.

Here some laws are deals with AI:

Information Technology Act, 2000:

 The Information Technology Act, 2000 (IT Act) serves as the fundamental legislation governing electronic transactions and digital governance. Although it does not explicitly mention AI, specific provisions within the Act are applicable to AI-related activities. Section 43A of the IT Act enables compensation in case of a breach of data privacy resulting from negligent handling of sensitive personal information. This provision is particularly relevant in the context of AI systems that process user data. Another provision is Section 73A of this act.

Personal Data Protection Bill, 2019: 

The Personal Data Protection Bill, 2019 (PDP Bill) is currently under consideration and aims to establish a comprehensive framework for protecting personal data. The bill introduces principles and obligations for entities processing personal data, including consent, purpose limitation, data localization, and accountability. Additionally, it proposes the creation of a Data Protection Authority to oversee and enforce the provisions of the bill. The PDP Bill includes provisions addressing profiling and automated decision-making. It mandates explicit consent from individuals when processing personal data using AI algorithms that significantly impact their rights and interests. 

Indian Copyright Act, 1957: 

The Indian Copyright Act, 1957 safeguards original literary, artistic, musical, and dramatic works, granting exclusive rights to creators and prohibiting unauthorized use or reproduction. The rise of AI-generated content has prompted discussions regarding copyright ownership and infringement liability. Case Law: In the case of Gramophone Company of India Ltd. v. Super Cassettes Industries Ltd. (2011), the Delhi High Court determined that AI-generated music produced by a computer program lacks human creativity and, therefore, is ineligible for copyright protection. This case clarifies the copyrightability of AI-generated content in India.

National e-Governance Plan:

The National e-Governance Plan aims to digitally empower Indian society by providing online government services. AI plays a vital role in enhancing the efficiency and accessibility of e-governance. Various government departments have integrated AI systems to automate processes, improve decision-making, and enhance citizen services.

New Education Policy: 

The Indian government recently launched its New Education Policy (NEP), which includes provisions regarding special coding classes for students of the 6th standard. The government is focusing on establishing India as the next innovation hub.

AIRAWAT:Recently, Niti Ayog (planning commission of India) also launched AIRAWAT, which stands for AI Research, Analytics, and Knowledge Assimilation platform. It considers all the necessary requirements of AI in India.

ROLE OF JUDICIARY

Since 2021, the Supreme Court has been using an AI-controlled tool designed to process information and make it available to judges for decisions. It does not participate in the decision-making process. Another tool that is used by the Supreme Court of India is SUVAS (Supreme Court Vidhik Anuvaad Software) which translates legal papers from English into vernacular languages and vice versa.

In the landmark case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court of India recognized the right to privacy as a fundamental right under the Indian Constitution. This ruling emphasizes the need to safeguard personal data from AI-based systems.

In the case of Jaswinder Singh v. State of Punjab[9] the Punjab & Haryana High Court rejected a bail petition due to allegations from the prosecution that the petitioner was involved in a brutal fatal assault. The presiding judge requested input from ChatGPT to gain a wider perspective on the granting of bail when cruelty is involved. However, it is important to note that this reference to ChatGPT does not express an opinion on the case's merits, and the trial court will not consider these comments. The reference was solely intended to provide a broader understanding of bail jurisprudence when cruelty is a factor.

CHALLENGES OF AI SECTOR

 Artificial Intelligence faced various challenges such as privacy and personal data protection, ethics of use, which comprises algorithmic bias and transparency and the socio-economic impact of job displacement.

1.      Not Completely Accepted by Legal Professionals:

When we look at India, artificial intelligence in law is still in its infancy. Lawyers are hesitant to adopt this technology because they believe it will have a negative impact on employment. They fear that technology will supplant a lawyer’s or a legal clerk’s primary source of income, resulting in increased unemployment across the country. Most senior legal professionals are hesitant to change their routines and want to practice in the traditional way, without the use of artificial intelligence.

2.      The Legal Personality of AI is Not Defined:

Artificial Intelligence’s legal personality is not explicitly defined elsewhere in contemporary law, and robots are complicated in nature, making it impossible to determine whether ordinary laws and norms would apply in the same way. As a result, unless the rights and obligations of AI-driven devices and tools are clarified, there will be misunderstanding, because the current legal system does not hold a robot liable for its own actions or omissions.

3.      Lack of Proper Systems & Data:

Machine learning is based on algorithms that are fed into computer systems, and the machine then acts on them. One of the major barriers to using AI technology in India is that there is outdated technology and machines being used, the data is frequently incomplete, and the machine will not be able to perform accurately unless a large chunk of reliable data is provided to it[10].

4.      Costly:

AI machines are sophisticated machine systems capable of learning and responding on their own, which necessitates a significant financial commitment. The majority of AI-driven machines are manufactured by foreign corporations, making it even more difficult for small and midsized law firms to obtain them; only large law firms can afford them.

5.      Privacy & Protection of Personal Data:

It’s critical that AI-driven machine learning robots are built in such a way that the parties’ personal information is kept safe and secure. Because machine learning works with large amounts of data, it is even more critical that the legal framework ensures that the data is not misused, that confidentiality is maintained, and that a fair due process is followed, and that a security layer to prevent privacy breaches is implemented.

CONCLUSION

In the field of AI, Recognizing the importance of regulating AI for ethical and responsible use, India has implemented some legal frameworks to address associated challenges. but there is no specific law for governing AI, existing legislations such as the Information Technology Act and The Personal Data Protection Bill,2019 which was withdrawn. There is need to monitor AI through effective legal developments and to ensure that the laws keep pace with technological advancements, striking a balance between innovation and protecting individual rights. There is urgent need to specific law for governing AI.

[1]Artificial Intelligence, Eng. Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/artificial_intelligence [https://perma.cc/WF9V-YM7C] (last visited 26, December 2023); see Stuart J. Russell & Peter Norvig, Artificial Intelligence: A Modern Approach 1 (3rd ed. 2010)

[2] Russell & Norvig, supra note 4, at 1. Let us put aside, for this discussion, the considerable diverse range of views about what human “intelligence” is or how that word should be defined.

[3] J.M. Unterrainer et al., Planning Abilities and Chess: A Comparison of Chess and Non-Chess Players on the Tower of London Task, 97 Brit. J. Psychol. 299, 299–300, 302 (2006). 8. Russell & Norvig, supra note 4, at 21.

[4] http//www.gpai.ai/ visited on 25-02-2024 at 11.pm.

[5] https://www.meity.in/artificial-intelligence-commettee-reports visited on 23-02-2024 at 8.pm

[6] http://www.services.bisgov.in/php/BIS_2.0/dgdash board/ visited on 24-02-2024 at 9 pm.

[7]https://www.morganlewis.com/blogs/sourcingatmorganlewis/2024/01/ai-regulation-in-india-current-state-and-future-perspectives 12-03-2024 at 10 pm.

[8] .Internet of things, refers to the collective network of connected devices and the cloud, as well as between the devices themselves.

[9] CRM-M-22496-2022

[10] .https://legaldesires.com/scope-of-Artificial-Intelligence-in-Law/ visited on 25-02-2024 at 10-30 pm.