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Artificial Intelligence And Its Role In The Evolution Of The Indian Legal System

Author: LawSphereX

Category: Technology, Cyber & Privacy

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ARTIFICIAL INTELLIGENCE AND ITS ROLE IN THE

EVOLUTION OF THE INDIAN LEGAL SYSTEM

Mallika Menon, B.A. LLB., Symbiosis Law School, Nagpur

ABSTRACT

In the year 1955, Standford Professor John McCarthy coined the term Artificial Intelligence and defined it as, “The science and engineering of making intelligent machines. ” This concept rapidly evolved, from the early 20th century where Spanish engineer Torres Quevedo demonstrated the first chess-playing machine all the way to ChatGPT and Google Gemini. Artificial Intelligence has gone through a massive evolution and it is no surprise that it is being integrated with almost every product, application and jobs as well. The legal field is no stranger to the integration of Artificial Intelligence. This paper focuses on Artificial Intelligence in the legal field, from where Artificial Intelligence originally came from, to how it is used in the Indian Legal System.

Even though there is no specific law in India which deals with Artificial Intelligence, this paper gives an insight onto the various laws of different countries and how their laws affect the role of Artificial Intelligence while keeping in mind the users privacy and rights. Keywords: Artificial Intelligence, Indian Legal System, laws of different countries, Artificial Intelligence applications.

I.

Introduction: Over the past few years, Artificial Intelligence (AI) has become a buzzword in the world. The word AI which translates to ‘Artificial Intelligence’, has gained momentum post – COVID, especially since the introduction of ChatGPT into the market. Following this, other players entered the market such as DeepSeek, a Chinese artificial intelligence product, that was positioned as ChatGPT’s Asian competitor. Subsequently, other companies like Meta and Apple introduced their own AI software which they integrated into their software platforms. What exactly is AI? The term AI was coined by Standford Professor John McCarthy in 1955 the father of Artificial Intelligence and he defined AI as, “the science and engineering of making intelligent machines”.

1 However, to understand what he (John McCarthy) meant by this definition, we must go back in time to the understand AI and what it means for us in the legal system.

1.1. History Of Artificial Intelligence (AI):

AI despite only gaining momentum in recent years has been present in the society from the 20th century. The early 20th century saw Spanish engineer Leonardo Torres Quevedo demonstrate the first chess-playing machine, El Aeriest at the Exposition Universelle in Paris. Later, the term ‘Robot’ was introduced in a play by Karel Čapek; however, his term of robot was associated with forced work done by peasants in the feudal system. John Vincent Atanasoff a professor in Iow State College introduced the first computer called ABC computer which was used for calculations. 2 In the 1950’s Alan Mathison Turing, a British Mathematician introduced the Turing test which became a central concept of AI. John McCarthy in 1955 gave the definition of Artificial Intelligence. Ella the first chatbot was introduced by MIT computer scientist Joseph Weizenbaum.

IBM in the 1960’s introduced Deep Blue, a chess computer system that beat the world chess champion Gary Kasparov. The same company, IBM, in 2011 created Watson DeepQA which was fed data from encyclopaedia’s and was designed to answer questions in a precise manner. Apple in 2011 debuted with SIRI the AI assistant present in all apple products.

1 Professor Christopher Manning, Artificial Intelligence Definitions, amzonnaws, (September 2020)

https://haiproduction.s3.amazonaws.com/files/2020-09/AI-Definitions-HAI.pdf 2 Tim Mucci, History of Artificial Intelligence, ibm.com, https://www.ibm.com/think/topics/history-ofartificialintelligence

Three years later Amazon introduced Alexa, followed by Google introducing Google Assistant in 2016. 3 Artificial intelligence has since become more advanced with the introduction of Generative AI, a type of AI that can create texts, images, audios and videos with the data that has been input into its system. The most popular AI tools right now are ChatGPT, Google Gemini, Sora, Perplexity, Jasper and so on. II. The Role of Artificial Intelligence in the Indian Legal System:

The Legal Market in India according to statistics is projected to have a market size of USD

2.49 Billion in the year 2025 and by 2030 a size of USSD 3.37 Billion.4 Despite this growth

projection the legal sector India has not fully embraced the power of technology, including artificial intelligence. There are law practitioners who continue to use traditional methods and do not rely on digital technologies.. This could however change in the near future, as legal tech startups are employing Natural Language Processing (NLP) into their applications, such as simple keyword based research, while some of startups have employed their own AI research labs to showcase their commitment in the evolution of AI and Law. Law firms in India are also embracing the use of technology including Artificial Intelligence. The use of Artificial Intelligence in law firms help to improve efficiency, reduce costs and focus on more strategic work.

For example Trilegal revealed they use tools like Lucio AI, an AI platform for document review, generation and research, tailored for specific practise areas. The firm continuously pilots new AI tools to optimise both legal practice and business operations. 5 Cyril Amarchand Mangaldas has introduced Harvey and Lucio as a part of their AI first strategy. Harvey is on a pilot basis and Lucio alongside as a co-pilot and ChatGPT+ to hence the companies legal capabilities and to optimise business operations. The introduction of Artificial Intelligence by Cyril Amarchand Mangaldas’s assists them in diligence, fast verification, litigation support, legal research, and drafting. This Artificial Intelligence will also tailor 3 Tim Mucci, History of Artificial Intelligence, ibm. com, https://www. ibm.

com/think/topics/history-ofartificialintelligence Cousera Staff, The History of AI: A Timeline of Artificial Intelligence, couseraorg,

4 https://www.mordorintelligence.com/industry-reports/india-legal-services-market

5 Nikhil Narendran, How This Law Firm Is Using AI To Streamline Legal Practices, trilegal.com,

https://trilegal.com/news-insights/how-this-law-firm-is-using-ai-to-streamline-legal-practices/

solutions across operations, enhance knowledge management, business development and analyse business services. 6 The Indian judiciary is the backbone of the Indian society when it comes to administering justice. However the current scenario of the Indian judicial system requires much improvement due to the large population, shortage of judges and inadequate infrastructure, leading to a constant rise in cases, creating a burden on the judicial system. 7 The Indian judicial system in India has been using technology to improve justice delivery over the last few years. In the year 2019 the Chief Justice of India Justice Sharad Arvind Bobde launched Supreme Court Vidhik Anuvaad Software (SUVAS), developed to translate judicial documents between English and vernacular languages.

In 2023, the Supreme Court used SUVAS to translate over 31,000 of it 36,000 judgements into various other languages. The year 2021 Supreme Court Portal for Assistance in Court Efficiency was launched, this portal was used to collect relevant facts and legal provisions, yield outcomes based on the specific requirement on the case and make it available to the judges. 8 The E- Courts Project, initiated by the Supreme Court of India is the year 2023, is a initiative aimed at modernising judicial functions through digital innovations. This project also integrates advanced Artificial Intelligence to improve case management and administrative efficiency in courts across India.

Not only is Artificial Intelligence meant for administrative purposes but also for effective case management by scheduling cases, reducing backlog, forecast delays of cases and giving insights into potential case outcomes as well as the risks associated with a particular case, assisting judges and lawyers with tools for summarizing case judgements, identifying relevant case precedents, enhancing the consistency and the quality of legal documents. The usage of Optical Character Recognition and Natural Language Processing helps in automatically filing documents while reducing human error in documentation process. Virtual legal assistants and chatbots help provide litigants with real time information regarding cases, giving guidance on procedures. This continual support is helpful for those individuals 6 Cyril Amarchand Mangaldas embarks on an AI- First future, law. asia, (Feb.

5, 2025) https://law. asia/aiadoption-indian-lawfirms/#:~:text=Cyril%20Amarchand%20Mangaldas%20(CAM)%20has,functions%20on%20a%20daily%20basi s. 7 Navneet Kaur, Manpreet Kaur, Role of Artificial Intelligence in the Indian Courts, Volume 6,Issue 1, 2024, lawjournals. net,( Jan,5, 2024) https://www. lawjournals. net/assets/archives/2024/vol6issue1/5124. pdf 8 8 Smarika Singh, Saifur Rahman Faridi, AI in courtrooms and how it will change the landscape of litigation, lexology. com,(May. 14, 2025) https://www. lexology. com/library/detail. aspx? g=4000e4f2-6f32-4616ab0a138d04c2c5a6

who are not familiar with legal procedures. 9 III. Analysis of Law’s Relating to Artificial Intelligence Around the World

With the growing use of artificial intelligence, there is a concern for the misuse as well as the risks which accompany the usage of Artificial Intelligence. In India there are no laws which are specifically present for the usage of artificial intelligence. Nevertheless some countries like China, Japan, South Korea and the European Union have adopted laws to ensure Artificial Intelligence is regulated. China: China’s artificial intelligent regulation framework is built on multiple frameworks of laws and regulations.

Such as Personal Information Protection Law (2021){for data compliance}, Cybersecurity Law (CSL) (2017){for cyber security}, Measures for Science and Technology Ethics Review (Trial) (2023){for ethical review on basis of following fundamental laws and regulatory documents}, Provisional Measures for the Administration of Generative Artificial Intelligence Services (GAI measures, effective in 2023){for administrative compliance}. Artificial Intelligence services providers with “public opinion or social mobilisation capabilities” such as WeChat and Weibo, must file algorithm mechanisms with the Cyberspace Administration of China. AI services must pass a security before filing. Non-compliance from artificial intelligence services providers, may result in severe penalties including suspension of their services and criminal liability.

Another example is Artificial Intelligent services providers are not allowed to collect and retain personal information. The providers are also not allowed to illegally input the personal information into usage records which can identify users identity. Generative Artificial intelligence must comply with the laws, respect morality and ethics and uphold societal values. Content that threatens the state and society, or promotes harmful ideologies and false information, must be avoided. Thus China has built an AI regulatory framework through “legislation first, ethical guidance and classified governance”. The key for future legislation and practice is balancing technology 9 Ministry of Law and Justice, Digital Transformation of Justice: Integrating AI in India's Judiciary and Law Enforcement, pib. gov. in, (Feb. 25, 2025, 8;22PM) https://www. pib. gov. in/PressReleasePage. aspx?

PRID=2106239

innovation with risk control.10 Japan: On May 28,2025 Japan passed a landmark bill “ The Act on the Promotion of Research and Development and Utilization of AI-Related Technologies”. This bill makes Japan, the second major economy in the Asia-Pacific region to enact comprehensive Artificial Intelligence legislation. The act is designed to make Japan the world’s most Artificial Intelligent friendly countries by making an environment which encourages investment and experimentation by avoiding rules and penalties that could stifle development. The AI Act of Japan has five fundamental principles which help guide AI governance in Japan. This means :

1. Act must align with existing national frameworks like “The Basic Act on Science,

Technology and Innovation”.

2. The AI should be promoted as a fundamental technology for Japan’s economic and

social development, while considering national security.

3. The act should be systematic and interconnected across all stages from basic research

to practical application.

4. There must be transparency in the AI development and use is necessary to prevent

misuse of AI as well as not infringing upon citizens rights.

5. Japan should actively participate and lead in the formulation of international AI norms

and promote international co-operation. The principles based on which Japan has formulated its approach to AI, one can infer that Japan has a “light touch” approach to Artificial Intelligence regulation. This suggests, Japan offers a less burdensome regulatory environment by aiming to draw investments in an innovation first 10 Zhisong (Jet) Deng, Jianmin (Ken) Dai, Shape of China’s AI regulations and prospects, law.asia, (March. 28,

2025) https://law.asia/china-ai-regulations-legislation-compliance-future-prospects/

strategy. 11 South Korea: South Korea become the second country in the world after the EU to enact a comprehensive regulatory law on Artificial Intelligence and the first country in Asia-Pacific region to introduce comprehensive AI laws. “The Framework Act on the Development of Artificial Intelligence and Establishment of Trust Foundation” or the “AI Framework Act,” which integrated 19 Bills proposed in the 22nd National Assembly and passed in the plenary session on 26th December 2024. The act however will only take effect on 22nd January 2026 following a one year preparation period. This act includes both promotional provisions to support AI development and regulatory measures to establish a foundation of trust. For promotion it uses concepts like AI systems and AI technology, while regulation targets high impact and generative AI.

High impact AI refers to Artificial Intelligence which poses a risk to human life, physical safety and fundamental rights. While generative AI are systems which generate various outputs like text, sounds and images by mimicking the structure and characteristics of input data. The act mandates transparency to users by giving prior notifications to users when providing products or services which use high-impact or generative AI. The act also has an obligation that citizens must prioritize the use of AI products or services which have undergone fundamental rights impact assessment. Considering the uncertainty regarding whether a system qualifies as high-impact AI, it is permitted to request confirmation from the Minister of Science and ICT(Information and Communication Technology).

AI operators who do not have an address or place of business in South Korea but they meet a certain criteria regarding user numbers and revenue must designate and report a domestic representative in writing. To ensure the effectiveness of the law, the act grants investigative authority to the Minister of Science and ICT. Even though the Minister of Science and ICT is at the centre of this act, there must be coordination from other relevant ministries considering the characteristics of this Act as AI spreads and applies across all fields. 12

11 Dominic Paulger, Understanding Japan’s AI Promotion Act: An “Innovation-First” Blueprint for AI

Regulation, fpf.org,(July. 5, 2025) https://fpf.org/blog/understanding-japans-ai-promotion-act-aninnovationfirst-blueprint-for-ai-regulation/ 12 Kyoungjin Choi, Analyzing South Korea's Framework Act on the Development of AI, iapp.org, (Jan. 23, 2025) https://iapp.org/news/a/analyzing-south-korea-s-framework-act-on-the-development-of-ai

European Union: The Artificial Intelligence Act of the European Union is also known as the “EU AI Act”, is the world’s first comprehensive regulatory framework for AI. This act prohibits some AI use cases and implements strict governance, risk management and transparency requirements for certain AI use cases. The EU AI Act regulates the artificial intelligence systems based on the risk level. The risk refers to a likelihood and severity of potential harm. The EU Act explicitly lists certain prohibited AI practices which are deemed to pose a level of risk. For example the development of an AI that can intentionally manipulate people into making harmful choices which they would not normally make, this is termed as an unacceptable risk to users and is prohibited by the act.

The EU Act applies even for those AI products whose providers are outside of the EU, however their product is used within the European Union. 13 The EU Acts approach is risk based, whereby only a few AI systems are prohibited if they are considered to be of risk, while those AI providers of low risk, only face transparency obligations. The EU’s AI Act is to protect citizens rights and dignity while also aiming to promote the AI industry and technology. 14 IV.

Conclusion: The idea of Artificial Intelligence has been present from 1950s and has evolved through time and it continues to evolve while shaping the world. This rapid evolution of artificial intelligence has resulted in it being used and intergrated into every sector of the society, and the legal sector is no stranger to it either. Countries like South Korea, China and the European Union, have made laws which balance innovation with accountability, transparency, and protection of citizens and their rights. India on the other hand, is yet to have any specific laws which solely focuses on safeguarding consumers from Artificial Intelligence. Instead India relies on the DPDP Act ( Digital Data Personal Protection Act).

DPDP Act is India’s first comprehensive data privacy law, and sets standards as to how organisations should collect, process, store and safeguard digital personal 13 Matt Kosinski, Mark Scapicchio, What is the Artificial Intelligence Act of the European Union (EU AI Act)? , ibm. com, https://www. ibm. com/think/topics/eu-ai-act

14 Dominic Paulger, Understanding Japan’s AI Promotion Act: An “Innovation-First” Blueprint for AI

Regulation, fpf.org,(July. 5, 2025), https://fpf.org/blog/understanding-japans-ai-promotion-act-aninnovationfirst-blueprint-for-ai-regulation/

data. While this does establish a foundational framework for data privacy it does not solve the issue of regulating the risk that arises from data processing and it does not grant users their right for data portability which is a standard provision in global privacy laws. 15 Just like China which has a strict government model, Japan’s innovation‐friendly strategy, South Korea’s balanced framework, and the EU’s risk‐based regulation. India too needs a compressive law safeguards the consumers rights and privacy. 15 Kriti Palsana, Everything You Need to Know About the DPDP Act India, 2023, knovos.com, (March.13, 2023) https://www.knovos.com/blog/everything-you-need-to-know-about-the-dpdp-act-india/