Committee discusses consumer-centric framework for parallel distribution licensing (See 'Corp Brief') NHA convenes BRICS Dialogue on strengthening Continuum of Care Through Digital Health (See 'Corp Brief') IPR - Storing copyrighted literary works solely for training LLM constitutes 'Fair Dealing' u/s 52(1)(a) of Copyright Act: HC (See 'Legal Desk') PM Ekta Malls and PMFME Scheme strengthen Market Access for ODOP Products (See 'Corp Brief') AP Postal Circle Emerges as Nation's Best Performer in Q1 (See 'Corp Brief') PM Vishwakarma Scheme rolls out in West Bengal (See 'Corp Brief') NHAI extends 'Clean Toilet Picture Challenge' till 30th June 2027 (See 'Corp Brief') IPR - Statutory timelines for entering national phase and requesting examination under Patents Act are rigid, mandatory, and cannot be extended: HC (See 'Legal Desk') NICDC organises Cross-Learning Site Visit to AURIC Smart City (See 'Corp Brief') IPC and CSIR-CIMAP renew collaboration to advance Medicinal Plant Research (See 'Corp Brief') PMLA - ED can validly attach specific commercial units equivalent to value of diverted crime proceeds regardless of whether entity was named in predicate FIR: SAFEMA (See 'Legal Desk') CCI approves acquisition of 100% equity share capital of NCR Atleos Corporation (See 'Corp Brief') Chouhan to provide relief to Totapuri mango farmers of AP, TN and Karnataka (See 'Corp Brief') IPR - In passing off action, plaintiff must prove not only similar name but actual misrepresentation and strong likelihood of consumer confusion: HC (See 'Legal Desk') 3.75 Lakh Students and Researchers Benefited Under INSPIRE Programme: MoS (See 'Corp Brief') NHAI strengthens Framework for Engaging Professionals in Highway Consultancy (See 'Corp Brief') IPR - Passing off action can be seamlessly expanded into infringement action if they share common factual foundation: HC (See 'Legal Desk') Expanded BRICS represents Opportunity to shape the Future of Global Health (See 'Corp Brief') IBC - Disputes involving 'rights in rem' that affect overarching corporate structure and public interest, cannot be settled in private arbitration: NCLT (See 'Legal Desk') NHAI to share Data with Govt Research Institutions (See 'Corp Brief') 42.7 LMT of urea secured through Global Tenders to Strengthen Supply Chain (See 'Corp Brief') SARFAESI - State cannot 'chase' asset once it has been legally sold to third-party auction purchaser by secured creditor enforcing its priority rights: HC (See 'Legal Desk') PMJDY records 58.63 Cr Accounts with Deposits Exceeding Rs.3 Lakh Crore (See 'Corp Brief') Misc - Definition of 'public authority' under RTI Act includes any non-governmental body that is 'substantially financed' by government: HC (See 'Legal Desk') IICA inaugurates 8th Batch of its Flagship Post Graduate Insolvency Programme (See 'Corp Brief') IBC - Creditor cannot obstruct going-concern liquidation sale if they fail to comply with mandatory procedural requirements of insolvency: NCLAT (See 'Legal Desk') NHAI enhances Digital Services on RajmargYatra Mobile App (See 'Corp Brief') A&C - If guarantees were contractually agreed substitute for cash deductions, it should ideally remain in place to secure interests until final resolution: HC (See 'Legal Desk') Govt, RBI strengthen Fintech Ecosystem with Enhanced Regulatory Frameworks (See 'Corp Brief') Govt modernising official statistical system through greater use of digital technologies (See 'Corp Brief') NI Act - In complaint u/s 138 filed by company, substitution of company's AR is legally permissible, and non-examination of first AR cannot, by itself, be treated as fatal defect leading to acquittal: HC (See 'Legal Desk') 58 Leaders from 40 Political Parties attended Meeting (See 'Corp Brief') Odisha's New Coastal Highway: A Gateway to Spiritual Journeys (See 'Corp Brief') IBC - Foreign subsidiary assets must remain separate from parent company's insolvency proceedings: NCLAT (See 'Legal Desk') Vaishnaw flags Off Ramnagar-Dehradun Express (See 'Corp Brief') Centre provides extended Relief Window for Select Solar Projects up to December (See 'Corp Brief') Arbitration and Conciliation - A supervisory court lacks power to modify an award or grant fresh substantive reliefs, rendering petitioner's prayer for active domain transfer legally unmaintainable: HC (See 'Legal Desk') Vivek Nishant Nath takes charge as Director (Commercial), NMDC (See 'Corp Brief') Aadhaar App crosses 40 Million Downloads, Driving Convenient Digital Identity Services (See 'Corp Brief') Arbitration - Scope of interference under Section 37 of the Act is highly circumscribed & does not permit re-appreciation of evidence or fresh factual determination on matters of accounting: HC (See 'Legal Desk') Tech Innovation and disruption in Construction Industry (See 'CORP EINSICHT')

The Role of Big data in Judiciary

Published: May 29, 2021

By Prashanth Shivadass and Sriharsha Palanki

THERE was a major paradigm shift in the way of life nearly a 100 years ago, with the Spanish flu and world wars. The world has not seen anything this devastating until the current 'COVID' pandemic. The pandemic has left not only questioned health and other political infrastructures of not just developing countries, but also the developed.

India has not been far behind. The last year though, there has been one positive change - the development of the judiciary to introduce virtual courts and e-hearings/filings. While many discussions have ensued about the pros and cons of this facility, it has certainly been a game changer and is here to stay.

Virtual Courts emerged as saviors for continued justice delivery. The next decade will mark a historic paradigm shift in the functioning of the judiciary with the integration of Artificial Intelligence (AI). The deployment of big data systems and AI in the functioning of Courts, mark a transformative phase in the system.

In April 2021, the Supreme Court Portal for Assistance in Court's Efficiency (SUPACE) was launched by the AI Committee. Additionally, a neural translation tool that predicts the sequence of sentences in real-time by using an artificial neural network (which usually exists in smartphones), has been setup by the Supreme Court. This neural translation tool is named Supreme Court Vidhik Anuvaad Software or "SUVAS".

What is Big Data?

Big data essentially mean massive sets of data collected from various fields in digital format resulting in a "data flood". This data flood is analyzed by computational and mathematical models to detect possible trends and patterns. The primary benefits of such rapidly advancing techniques are natural-language processing, pattern recognition and machine learning. With the humongous number of cases being filed across the country, it has become a tedious task for the judiciary to track the information, orders, precedents, and so on.

This unstructured voluminous data can be processed with tools like SUPACE and SUVAS. The tools determine the type of insights Courts could gain to deliver timely justice. Big data further analyzes the nature of the case and provides pre-processed data to the judiciary which would aid them better at discharging their responsibilities. The SUVAS and SUPACE software is the first generation of the AI system. 1

SUPACE - Supreme Court Portal for Assistance in Court's Efficiency

The SUPACE 2 software identifies and extracts the objective facts from the file i.e., the date, time, place of occurrence of event and such other details to identify the relevant case. The software also prompts questions and answers where the user is provided with the feature to perform all such tasks which are usually undertaken in parts that are not properly integrated towards the end.

SUVAS - Supreme court Vidhik Anuvaad Software

The SUVAS software translates judgments and legal documents from English into nine regional dialects. This saves valuable time and helps the common man understand the judgments in various local languages. The then Chief Justice of India, Justice Bobde, who introduced the AI technology to the Supreme Court explained the benefits, summarized as under: 3

1. The AI can retrieve information instantly for the judges as opposed to turning the pages of a book;

2. It could simultaneously display the arguments made in any of the courts and the findings of such courts;

3. The software can prompt relevant data so that information available is adequate enough for deriving an appropriate inference;

4. AI functions with breathtaking speed cutting down on the scope of errors. It would reduce the burden on the administrative workforce in the court offices.

On the contrary, the Advocates could benefit in the following manner:

1. Performing automated keyword-based search for legal precedents useful for ongoing research;

2. Indexing, storage and retrieval of information for ongoing cases of the firm;

3. Creation of an automatic schedule for Advocates to track the hearings;

4. Record the proceedings, daily orders and judgements.

The Future of law

Lawyers deal with voluminous documentation at every given possibility - be it in litigation or Corporate and M&A. Every lawyers' knowledge and expertise, becomes essential and vital in bringing an end to a legal matter. In the eyes of an AI system, this knowledge and experience is 'unstructured data' and therefore the AI pieces together this unstructured data to provide some form of analysis and training to others, including junior lawyers.

AI may also be utilized to undertake an assessment of the matter at hand basis legal precedents. This aids the Advocate in ascertaining if the matter holds adequate merit to proceed with litigation and to make an informed decision. The application of AI to law will be similar to a 'Google Maps' application which collects and collates real-time information and calculates the average time to reach a certain location. Under unforeseen circumstances, alerts are sent to the users and a revised estimate is displayed on-screen. Data such as traffic, average speed, historical data etc., are collected to make such reasonable predictions.

Conclusion

Substantial volume of data has no value. However, it acquires the character of being useful upon critical analysis of other facts relevant to the issue at hand. With gigantic leaps that big data is making, businesses are automating their processes, eliminating the need for human intervention. Eventually, legal advice may be sought from a computer empowered with big data, therefore rendering the current system obsolete. Thus, it is imperative that the art of Advocacy remains indispensable by exploring ways to align with the evolving times that brought us AI.

[The authors are Partner and Associate respectively, with Shivadass & Shivadass (Law Chambers). The views expressed are strictly personal.]

1 https://districts.ecourts.gov.in/sites/default/files/Invitation%20of%20Launching%20of%20AI%20Portal%20SUPACE_2.pdf

2 Invitation by Supreme Court regarding the launch of SUPACE and SUVAS portals, April 6, 2021, https://twitter.com/LiveLawIndia/status/1379394969845211140/photo/1

3Rushda Khan, Big Data Revolution in the Supreme Court, Live Law, May 9, 2021, https://www.livelaw.in/columns/supreme-court-big-data-revolution-supace-covid-19-173867

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