Punjab and Haryana High Court uses Artificial Intelligence tool ChatGPT to produce bail order

For the first time in India, the Punjab and Haryana High Court on Monday used the sensational artificial intelligence (AI) chatbot ChatGPT, developed by OpenAI, while deciding on the bail order of an attempt to murder case.

The court posed a question to the chatbot in order to get its view on granting bail to a man accused of assault by cruelty, reported Bar and Bench.

Justice Anoop Chitkara, in their order, clarified that the Court had simply utilised the response from ChatGPT to present a "broader picture of the case", and not as an opinion on the merits of the matter.

"Any reference to ChatGPT and any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. This reference is only intended to present a broader picture on bail jurisprudence, where cruelty is a factor," read the court order.

"What is the jurisprudence on bail when the assailants assaulted with cruelty?" was the question asked by the Court.The chatbot responded that the jurisprudence in such cases would depend on the laws of the jurisdiction where the case is being tried.

"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," was the software's response.

"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 chatbot added.

The Court was hearing a bail plea arising from an attempt-to-murder case wherein the assailant along with some accomplices had "brutally assaulted an individual" leading to their death.

As per the court order, Jaswinder Singh, the assailant, had attacked the victim “in an abhorrent manner as substantiated by the nature of injuries on their bodies”.

"Causing death itself is cruel but if the cruelty causes death, the tables turn. When the physical assault is done with an element of cruelty, the parameters of bail also change," said Justice Chitkara.

Taking note of the fact that Singh is a two-time murder-accused and a serial offender, and the severity of the injuries sustained by the victim in this particular case, he was denied bail.