As the usage of Artificial Intelligence (AI) continues to grow globally, the Punjab and Haryana High Court in a first-of-its-kind attempt sought a response from ChatGPT — an artificial intelligence chatbot — to assess worldwide view on bail when the assault was laced with “cruelty”.
The court, however, made it clear that the AI reference in the matter is only intended to present a broader picture on bail jurisprudence, where cruelty is a factor.
Justice Anoop Chitkara in the order made it abundantly clear that any reference to ChatGPT and any observation made is neither an expression of opinion on the merits of the case nor shall the trial court advert to these comments.
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The case pertained to the alleged murder of one Ramandeep Singh at Shimlapuri in Ludhiana district in June 2020, in which the petitioner (with a criminal past) is one of the accused, arrested by the police. The accused had approached the court for bail.
Justice Chitkara while dismissing the bail plea observed causing death itself is cruel but if the cruelty causes death, the tables turn and when the physical assault is done with an element of cruelty, the parameters of bail also change.
“...When the offence is heinous and the crime is brutal, cruelty becomes one of the factors in granting or refusing bail. The impact of individuals who act with cruelty is devastating not only for those on whom the direct harm and pain is inflicted but also on a systemic level. Cruel individuals contribute to sustain the greater deficiencies of society like gender, economic and social inequalities..”
In his order, Justice Chitkra, stated that to further assess the worldwide view on bail when the assault was laced with cruelty, the use of Artificial intelligence platform, which has been trained with multitudinous data was made.
According to the order, a question was put forth to ChatGPT — What is the jurisprudence on bail when the assailants assaulted with cruelty?
To this ChatGPT responded: “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.”