Artificial Intelligence and Laws in India

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This Article is written by Yashi Kumari and Kriti Kumari, students of Indraprastha University


Artificial Intelligence is the replication of human intellect which is done by the machines, mainly Mechanical Learning or Computer System. Artificial intelligence (AI) refers to competence exhibited by machines as compared to organic insight expressed by humans or non-humans. AI applications consists of forward-thinking web search browsers (e.g., google, Firefox), reference systems (such as YouTube, Flipkart, amazon), AI bot who understands human language (such as Alexa, Siri, Ira), cars without drivers (Tesla), and in tactical gamepad, competitors compete at the highest level. As devices become far more capable, tasks requiring “intellectual capacity” are frequently excluded from the definition of AI, a singularity is known as the AI effect. The use of artificial intelligence (AI) in the system of justice is still in its early stages, but it is gradually being incorporated by a number of countries, law firms, and judiciaries remarkably similar. It offers outlay answers to problems to solicitors by indicating out legal flaws in verdicts, assisting in the drafting of contract documentation, proper research, legal big data, and so forth. Likewise, AI can pave the way in decreasing the burden on the judiciary, particularly in cases involving misdemeanours, while leaving complex situations to be decided by court to issue.

Development across the World: History

Ever since inception as an academia in 1956, machine learning has gone through several phases of positivity, dissatisfaction, and finance reduction, accompanied by alternative ideas, achievement, and revived funding. During its history, AI research has been undertaken and rejected various methods, including replicating the brain, modelling human critical thinking, logic, database management system of knowledge, and trying to imitate animal behaviour. Over the first two dawn of the twenty century, remarkably arithmetic numerical machine learning experienced great success, and this method was extremely successful, assisting in the resolution of many complex challenges in industry and academia. 

Human intelligence “can be so described simply that a computer system can be made to recreate it,” according to the program’s founders. This raises ethical issues concerning the mind and the moral standards of creating artificial beings with human-like intelligence. Folklore, fiction, and principles have all addressed these issues since earliest times. AI, with all its incredible potential and ability, has also been proposed in speculative fiction and post structuralism.

IBM’s Chatbot Ross has indeed been incorporated among many legal firms nationally and internationally, especially in the United States, and is largely used to scrutinize contractual agreements, initiate legal work, and briefly review legal concepts, among other things. 

781 A. Atabekov, O. Yastrebov Provided the results of this study, the scholars would advise Russian legislators to look at it this way: – The probability of establishing a soul institute in the field of artificial intelligence, involved in designing specifications and rules of conduct that must be followed by holders and holders of humanoid agents, as well as by the humanoid agents itself. The establishment of an institution as the authoritative entity at the national level in the field of robotics, capable of determining the activities allowable for robots, while keeping in mind that the robot is a source of immense threat.

Current Position in India

However, there are no privacy and data protection policies in India, private data is protected under Sections 43A and 72A of the Information Technology Act. It, like the GDPR, contains provisions to reimbursement for improper release of information. The Confidentiality was declared a Basic Human right under the Constitution of India by the Apex Court in 2017.

Artificial intelligence has the potential to add 957 billion Dollars, or around 15% of India’s current gross investment, by 2035. In the following decade, System will be able to touch everybody’s life in some way. In 2018, the NITI Aayog (Policy Commission) initiated a number of AI-related programs.

The Ministry of Electronics and Information Technology introduced four committees to emphasize and evaluate difficulties related to AI. A Joint Parliamentary Committee is currently deliberating on the PDP Bill – Personal Data Protection Bill 2019 – which is based on a draught data security statute. The bill becomes law once it’s been passed through both houses of the parliament. In India, the advancement of AI adoption is outpacing the creation of regulations to govern it. Sectors are now starting to use AI technology to retrain their workforce. The apparently New Education Policy focuses on teaching coding to students’ rights beginning in Primary School. India will be a hotspot for innovative AI technologies.

Cyril Amarchand Mangaldas is possibly India’s first legal firm to use artificial intelligence (AI), which is mainly used to review and evaluate contract terms along with other legal documentation. Prevailing CJI SA Bobde has spoken about and endorsed for wider use of AI in the system of justice, particularly in document analysis and decision making. The Hon’ble Supreme Court Bar Association organized an event (SCBA). But even so, in developing countries such as India, the use of AI may be irregular due to an unwillingness to adapt to this new change. There seems to be concern that AI will have significant consequences in a workers supply economy, where the majority of the population are illiterate and poor.

AI and Cyber Security

AI and machine learning are quickly have become indispensable in network security, as these technology solutions are capable of rapidly assessing millions of data sets and detecting a wide range of cyberattacks, from malicious activity to questionable behaviour that may result in a phishing. AI is the optimum cybersecurity solution for organizations worldwide that want to emerge online. To perform effectively and safeguard their organizations from cyberwarfare, security specialists require strong backing from machine intelligence and technologically advanced such as AI.


Some of the advantages are as follows:

1. AI Acquires More Competency Level

Artificial intelligence, as the term indicates, is astute, and it is using this capacity to advance network infrastructure over time. It employs ml algorithms to learn the behaviour of an enterprise network over time. It detects and groups trends in the network. It then detects any discrepancies or security attacks from the norm before answering.

2. Anonymous Concerns are Identified by Artificial Intelligence

An individual might not have been able to determine all of the menaces that a business confronts. Each year, cybercriminals launch massive amounts of attacks for a variety of reasons. Obscure attacks can wreak havoc on a system. Badly, they can have a substantial impact before users detect, recognize, and avert them.

As assailants experiment with new ploys ranging from complicated social mechanical to malware and viruses, contemporary remedies must be used to avoid them. AI has demonstrated to be among the most effective technologies for routing and preventing unknown attacks from wreaking havoc on an organization.

3. AI is Capable of Large-Scale Data

On a corporate server, there is a lot more going on. A classic semi business generates a lot of traffic. This indicates that the majority of data is exchanged between brand and the consumer on a frequent basis. This information must be safeguarded against remote attackers and operating systems. However, cybersecurity professionals are limited in their ability to inspect all visitors for perceived attacks.

4. Improved Adaptation

Data protection is critical to the security of a corporate servers. As previously stated, the typical organization faces numerous dangers on a routine basis. From being protected, it must discern, identify, and inhibit them. AI research can aid in security solutions by analysing and assessing current security protocols.

5. Enhanced Average Protection

From every now and then, the threats facing business connections change. Day after day, hackers play defensively. It is therefore difficult for a business to prioritize safety duties. You may just have to come to terms with a phishing scam and a Rejection of Business attack.

The above threats have similar capabilities, but you should initially understand what else to deal with. Operator error and carelessness are more serious threats that can make confidentiality a challenge. The remedy is to implement AI on your system to find all sorts of threats and assist you in prioritizing and preventing the others.


The benefits brought up above constitute only a small portion of AI’s goal of improving cybersecurity. 

Even so, just like anything, there are a few drawbacks to utilizing AI in this ground. Institutions would require a lot more liquidity and capital investments to create and operate an AI system. 

Moreover, because AI systems are trained using sets of data, you will also have to collect a large number of sets of malware codes, – anti codes, and oddities. Obtaining all of these data sources requires an extensive investment that most businesses cannot access.

AI machines can produce inaccurate results and/or false positive rate in the absence of large datasets and occurrences. Obtaining flawed information from untrustworthy references can even end up backfiring. 

A further significant disadvantage is that cyber attackers can use AI to analyse their ransomware and unveil more malicious activities, which brings things to a whole new juncture.

Relevant Judgements and Cases

Shankar v. State Rep.

Decision: The Court stated that the statement of claim reported against the plaintiff cannot be nullified under the law that applies to the non-granting of punishment of court proceedings under Section 72 of the IT Act.

Christian Louboutin SAS v. Nakul Bajaj & Ors.

The Court was required yet if the defendant’s use of the petitioner’s mark, symbols, and picture is secured under Section 79 of the IT Act.

Decision: The Court determined that perhaps the defendant is more than just a mediator because the web application has complete knowledge about the products sold through its console. It characterises and then promotes third-party sellers of their products. The Court also held that an e-commerce platform’s full engagement would preclude it from the privileges given to intermediaries under Section 79 of the IT Act.

Review and Conclusion

Artificial intelligence in due diligence and practise may indeed be a domain which has yet to be recognized. There may well be differing views on whether AI will be cost efficient and beneficial in the legal field, and whether it will lead to unemployment. It is worth noting that AI eventually evolves from the intellect, so the idea of AI replacing humans remains uncertain. The goal of legal technology is to facilitate solicitors rather than to substitute them with robotic arms.

In science and medicine, even though the action is carried out using robotics equipment, the equipment is still functioned under the supervision of a competent doctor. Furthermore, while AI technology has an effect on employment, not all advocate jobs will be automated in the coming years. In the long run, homogeneous authority regulation may be required to control AI technology. We’re still a bit far away from the era of humanoid lawyers. There are numerous concerns about fair opportunities to the necessary technology for legal professionals. The higher education for a degree in law must be coherent, and technology must be supposed to teach to them in order for each of them to cope up with advanced technologies.

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