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Extension Of Artificial Intelligence In Legal Arena

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:

  1. Natural Language ProcessingInteraction with the computer that understands natural language spoken by humans.
  2. Expert Systems: Machine and Software provide explanation and advice to the users.
  3. Vision Systems: System explains understands and describe visual input.
  4. Speech Recognition: Artificial Intelligence based on speech recognition ability to hear and express sentences.
  5. 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.
  1. 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.
     
  2. 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.
  1. 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.
    1. '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.
    2. 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.
    3. 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.
       
  2. 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:
    1. The accused statement is recorded to find our whether he/she is concealing any fact or information.
    2. 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.
     
  3. 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.
     
  4. 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:
  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. 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.
  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. 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.
     
  5. 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
  1. http://jmc.stanford.edu/
  2. https://www.cyrilshroff.com/cyril-amarchand-mangaldas-the-first-firm-in-india-to-provide-efficient-legal-services-using-artificial-intelligence-says-the-lawyer-magazine/
  3. https://sundayguardianlive.com/news/original-intelligence-will-prevail-artificial-intelligence-tussle-dipak-misra
  4. https://timesofindia.indiatimes.com/india/law-must-keep-up-with-tech-progress-justice-chandrachud/articleshow/90341606.cms
Statues and Acts:
  1. The Information Technology Act, 2000
  2. The Indian Evidence Act, 1872.

Award Winning Article Is Written By: Mr.Siddharth Bhardwaj
Awarded certificate of Excellence
Authentication No: JU315561928673-4-0623

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