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‘Can generate fake case citations’: Top court judge flags AI concerns

Justice Gavai said, “While technology has significantly improved access to judicial proceedings, it has also given rise to several ethical concerns.”

Artificial Intelligence, Supreme Court, Justice B R Gavai, technology in judiciary, Artificial Intelligence in judiciary, AI risks, Artificial Intelligence fake case citations, Artificial Intelligence ethical concerns, indian expressThe court said that while his father was admitted to a hospital, he had been discharged and that the medical officer observed nothing serious. (Representational image)

Underlining the role of technology in revolutionising the justice system in the country, Supreme Court judge Justice B R Gavai flagged concerns over the integration of Artificial Intelligence in judiciary, saying it should serve as an aid rather than a replacement for human judgment. He was speaking on ‘Leveraging on Technology within the Judiciary’ at the Kenyan Supreme Court in Nairobi.

Justice Gavai said, “While technology has significantly improved access to judicial proceedings, it has also given rise to several ethical concerns.”

“Relying on AI for legal research comes with significant risks, as there have been instances where platforms like ChatGPT have generated fake case citations and fabricated legal facts,” he said.

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Justice Gavai said, “While AI can process vast amounts of legal data and provide quick summaries, it lacks the ability to verify sources with human-level discernment. This has led to situations where lawyers and researchers…have unknowingly cited non-existent cases or misleading legal precedents…”

Justice Gavai also said “the essence of justice often involves ethical considerations, empathy, and contextual understanding — elements that remain beyond the reach of algorithms…”

He flagged concerns on short clips from court hearings being circulated and even monetised by social media users. “Short clips from court hearings are often circulated on social media, sometimes in a way that sensationalises the proceedings. These clips, when taken out of context, can lead to misinformation…”

“Many content creators, including YouTubers, re-upload short excerpts from proceedings as their own content, raising questions about intellectual property rights and ownership of judicial recordings. The unauthorised use and potential monetisation of such content blur the lines between public access and ethical broadcasting,” he said.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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