Artificial Intelligence is making a giant leap in the Indian judicial system. ChatGPT passing the BAR exam with a 75% is yet another triumph that reminds us of the possibilities of AI in various sectors. Recently according to the Times of India, the Punjab and Haryana High Court sought the response of ChatGPT, the famous AI chatbot, to evaluate the worldwide view while deciding bail for an assault. This has marked the first of its kind for an Indian court. But the court made it clear that “any reference to ChatGPT and any observation made is only intended to present a broader picture on bail jurisprudence, where cruelty is a factor”.

The bench led by Justice Anoop Chitkara opted for this technique to seek the response of an AI chatbot during the hearing of a bail plea of an accused who got arrested in June 2020 for murder, rioting, criminal intimidation and conspiracy. Jaswinder Singh alias Jassi is a Punjab resident. He had been arrested as per an FIR filed at the Shimlapuri police station in Ludhiana. He moved to High Court seeking regular bail. The case record showed he is in jail “due to the involvement in the brutal assault carried out by him and some of his accomplices’ culmination in death of an individual”.

The bench asked the AI tool, “What is the jurisprudence on bail when the assailants assaulted with cruelty?” to which the ChatGPT responded that “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”.

“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 been 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 ChatGPT responded to the question.

The petitioner’s counsel argued that he was eligible for bail as per parity, but the Punjab government rejected it. After the hearing, the bench rejected the plea holding that the petitioner has a criminal record with two attempts to murder cases. “The petition does not instantiate any averment based on which this court is assured that if he is released on bail, then he shall not indulge in criminal behaviour and will not abscond”, the court said.

During the verdict, Justice Chitkara mentioned that “any reference to ChatGPT and any observation made is neither an expression of opinion on the merits of the case nor shall the trail court advert to these comments; this reference is only intended to present a broader picture on bail jurisprudence, where cruelty is a factor”.