In a first-of-its-kind move, India’s Punjab and Haryana high court used OpenAI’s ChatGPT bot while hearing a bail plea.
The court rejected the petition of the accused who was arrested in June 2020 for alleged rioting, criminal intimidation, murder, and criminal conspiracy.
The bench, led by Justice Anoop Chitkara, sought the response of Chat GPT while hearing the bail application. The judge assessed the reply received from the AI tool and rejected the bail plea of the accused.
The court asked the AI chatbot a question, "What is the jurisprudence on bail when the assailants assault with cruelty?"
Chat GPT gave a detailed response, stating that "The jurisprudence on bail for cases where the assailants have assaulted with cruelty will depend on the specific circumstances of the case and the laws and regulations of the jurisdiction where the case is being tried. However, in general, if the assailants have been charged with a violent crime that involves cruelty, such as murder, aggravated assault, or torture, they may be considered a danger to the community and a flight risk."
"In such cases, the judge may be less inclined to grant bail or may set the bail amount very high to ensure that the defendant appears in court and does not pose a risk to public safety. The severity of the assault, the defendant's criminal history, and the strength of the evidence against them are all factors that a judge will consider when deciding whether to grant bail. It is important to note that the presumption of innocence is a fundamental principle of the justice system, and all defendants are entitled to bail unless there are compelling reasons to deny it. Therefore, even in cases where the assailants have assaulted with cruelty, they may still be granted bail if the judge determines that they do not pose a risk to the community or a flight risk."
The court made it clear that any reference to Chat GPT and any observation made is only intended to present a broader picture on bail jurisprudence, where cruelty is a factor.
This decision sets a precedent for the use of artificial intelligence in the Indian judiciary system. It remains to be seen whether other courts in India will follow suit in using AI technology to assist in decision-making processes.
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