AI and Law in India – An Overview (2024-2025): Artificial Intelligence (AI) has rapidly emerged as a transformative technology impacting various sectors, including law. In India, the legal framework is gradually adapting to address the complex legal, ethical, and regulatory challenges posed by AI.

Historical Development and Context

AI has been used in India’s legal ecosystem primarily in the following ways:

1. Judicial Assistance: Tools like SUPACE (Supreme Court Portal for Assistance in Court Efficiency) were launched in 2021 by the Supreme Court to assist judges in research.
2. Legal Research and Drafting: AI is being progressively adopted by law firms and courts to streamline legal research, analyze contracts, and assist in drafting legal documents.

India currently lacks a specific legal framework dedicated to governing AI. Instead, related issues are addressed through the interpretation of existing laws on privacy, liability, and intellectual property

Key Legal Concerns and Developments

Data Protection and Privacy

• The Digital Personal Data Protection Act, 2023 governs how AI systems can process personal data.
• Justice K.S. Puttaswamy v. Union of India (2017): A Landmark in Privacy and Data Protection Law
  In this historic judgment, the Supreme Court of India unanimously recognized the right to privacy as an intrinsic part of the fundamental rights guaranteed under Article 21 of the Constitution. The ruling not only elevated privacy to the status of a constitutional right but also established a vital legal foundation for addressing issues related to data protection in the digital age. As Artificial Intelligence systems increasingly rely on the collection and processing of personal data, this verdict serves as a cornerstone for developing future regulatory frameworks to ensure that AI technologies operate within the bounds of individual privacy and data security.

Algorithmic Bias and Discrimination

AI systems can reinforce social biases, especially in areas like hiring or law enforcement.

Though no direct Indian case has addressed this yet, concerns are being raised under Article 14 (Right to Equality) and Article 21 (Right to Life and Liberty) of the Constitution.

Intellectual Property (IP)

• AI-generated content raises questions about authorship and ownership.
• Indian copyright law currently recognizes only human authorship under Section 2(d) of the Copyright Act, 1957.
• No Indian case has ruled on AI authorship yet, but global cases like Thaler v. Commissioner of Patents (Australia/UK/US) are influencing discourse.

Criminal Liability

• Autonomous systems may commit acts without human direction—raising the issue of who is liable.
• Indian Penal Code (IPC) does not yet recognize non-human actors as liable entities.

Use of AI in Courts

• The Supreme Court and some High Courts are experimenting with AI to improve case management, e-filing, and legal translations.
• AI is not making judicial decisions but assisting in efficiency and reducing backlogs.

Challenges Ahead

• Regulation vacuum: No specific AI law in India.
• Ethical concerns: Consent, surveillance, and human oversight.
• Accountability: Assigning legal responsibility for AI actions.

Conclusion

The expanding presence of AI in the Indian legal system offers significant potential for enhancing efficiency and productivity. However, it also brings forth critical challenges that demand thoughtful regulation to uphold principles of fairness, transparency, and accountability. As AI technologies become more advanced and integrated into legal processes, the need for a comprehensive legislative framework becomes increasingly important.

frequently asked questions

Read more:

Aadhaar and the Right to Privacy: Tracing the Evolution of Privacy Rights in India

Rising Trend of Digital Arrest Scams