ChatGPT Used by Punjab and Haryana High Courts to Write Bail Order

Amidst the recent popularity of ChatGPT, an artificial intelligence-driven chatbot, Indian High Courts have also found a use for it. On Monday, the Punjab & Haryana High Court used ChatGPT while deciding an order for a bail case.

It was primarily used to determine bail jurisprudence in a case where an assailant used cruelty. Justice Anoop Chitkara used the tool to gain a wider perspective on the matter.

ChaptGPT Used to Gain Broader Picture in Legal Case

He put forth this question in the chat bar of ChatGPT:
"What is the jurisprudence on bail when the assailants (have) assaulted with cruelty?

The AI tool promptly came up with this:

"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."

However, the court clarified that the above use of the tool is not an expression of opinion on the merit of the case, and neither does the court side with it, but it was merely used to gain a broader perspective.

The judge in his order clarified:

"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."

ChatGPT Used in Attempt-to-Murder Court Case

The Punjab and Haryana High Court was hearing a bail petition in an attempt-to-murder case. The petitioner, along with a few of his accomplices, brutally assaulted an individual, which subsequently led to the individual's death.

The accused in this case had a criminal history with two previous cases. The court observed that while death is cruel, cruelty that amounts to death needs to be seen in a different light altogether.

Justice Chitkara observed that "When the offense is heinous and the crime is brutal, cruelty becomes one of the factors in granting or refusing bail." The court subsequently dismissed the bail plea.