Gandhinagar, Apr 5 (APAC Media): The Gujarat High Court has released a comprehensive policy prohibiting the use of artificial intelligence (AI) tools in judicial decision-making processes, including drafting orders, preparing judgments, and determining bail or sentencing.Â
The policy also imposes personal liability on judges and court staff for any AI-assisted outputs used in their work.
Who does the policy affect?
The directive applies to all judicial officers, court staff, legal assistants, interns, and para-legal volunteers associated with the High Court and the district judiciary in Gujarat.
Where does the policy apply?
The rules are applicable across the entire judicial system under the jurisdiction of the Gujarat High Court, including subordinate courts in the state.
Why has this step been taken?
The policy has been framed under Articles 225 and 227 of the Constitution, with a strong emphasis on safeguarding the right to a fair hearing under Article 21. The court aims to ensure that judicial reasoning remains a human-driven process, free from technological influence that could compromise fairness, accountability, or accuracy.
What now?
The policy explicitly bans AI from influencing findings of fact or law, evaluating evidence, summarising testimonies, or organising case materials. Even reviewed AI outputs are not permitted to shape judicial outcomes. However, limited use is allowed for assistive purposes such as legal research, administrative tasks, and improving the language or structure of drafts—provided all outputs are independently verified.
The court mandates that AI-generated citations must be cross-checked with authoritative sources like SCC Online, AIR, or official government records. It also requires disclosure when AI tools are used in research notes or legal briefs.
Importantly, the policy prohibits entering sensitive or confidential data into public AI platforms. Any AI-generated content, once authenticated, becomes the sole responsibility of the user, with potential civil or criminal liability under laws such as the Information Technology Act, 2000, and the Bharatiya Nyay Sanhita, 2023.
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