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Artificial intelligence and Law

The phrase "Artificial Intelligence" can be divided into "artificial" and "intelligence." The


latter term, "intelligence," originates from the Latin word "Intelligentia," which means "to understand" or "the capacity to understand." "Artificial" is commonly used to denote something that is man-made. By this definition itself, we can say that AI is capable of making decisions based on the available data, managing tasks, and working without the need for breaks or leave. This article will not address whether AI will replace the workforce in the workplace, but it will highlight the legal dilemma related to AI.


Will AI Replace Human Judges?


The use of AI technology is highly beneficial in the judiciary. Currently, we have more pending cases than ever before, even though the judiciary is taking all the nec⁷essary steps to conclude cases through Lokadalat and speedy trials. However, the shortage of judges and the overwhelming workload make it impossible to achieve the desirable goals. This is where we can delegate work to AI, but can it replace human judges?



No, AI tools can only aid and provide assistance to judges but cannot overtake the decision-making authority. They can help the trial process move at a faster pace and assist judges in research. Face recognition tools will contribute to better judgments, and they might help in formatting judgments for specific cases. A judge does not make decisions solely based on the data and facts provided; in both civil and criminal matters, the intention of the offender also plays a crucial role. AI will never be capable enough to analyze that.


If an AI commits a crime, who will be held liable?


When an unintelligent machine commits an offense, the developer is held responsible for its negligence. The question is not as simple in the case of an offense committed by an intelligent machine because AI can make decisions and act independently. They are dynamic in nature and adapt to the environment. Most of the time, developers have very little control over these types of technology. That's why laws relating to AI in India are still under construction. As of now, they are regulated by guidelines from the Ministry of Electronics and Information Technology and NITI Aayog.


The government tried to introduce The Digital Personal Data Protection Bill in 2022, but it was withdrawn for further improvement and has not been reintroduced since. It is important to establish strict regulations and clear provisions when it comes to such technology.


What Crimes Can AI Commit?

Mostly, the organizations that invest in AI may create a particular AI system with the intention to commit various offenses, such as:


1. Financial fraud.


2. Deepfakes.


3. Privacy invasion.


4. Cyberattacks.


5. Infringement of protected intellectual property materials or intellectual property violations.


6. Hate speech and the spread of misinformation.


For such omissions, the organizations that use AI for criminal activities can be held liable. However, in cases where the offense occurs due to negligence by the intelligent machine without any instruction or command, who should be held responsible for the damages caused?


For example, when Chat GPT generated a series of keys for Microsoft Office, it was a case of negligence on the part of AI. If we were to have AI-based doctors, we could expect incorrect diagnoses or medical procedures gone wrong.


It is not worth debating whether AI is here to take jobs, because advanced technology is the future. What is worth debating is whether the law is adequately prepared to address the challenges posed by AI."



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