28 March 2023 6:13 AM GMT
In a first, the Punjab and Haryana High Court, while dealing with a bail plea, sought the response of the artificial intelligence (AI) chatbot developed by OpenAI, ChatGPT to get a broader outlook of the bail jurisprudence across the world.To assess the worldwide view on bail when the assault is laced with cruelty, the bench of Justice Anoop Chitkara used the AI tool and put the...
In a first, the Punjab and Haryana High Court, while dealing with a bail plea, sought the response of the artificial intelligence (AI) chatbot developed by OpenAI, ChatGPT to get a broader outlook of the bail jurisprudence across the world.
To assess the worldwide view on bail when the assault is laced with cruelty, the bench of Justice Anoop Chitkara used the AI tool and put the following question to it:
"What is the jurisprudence on bail when the assailants assaulted with cruelty?"
ChatGPT came up with the following response:
"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 any reference to ChatGPT was neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments and that the it was only intended to present a broader picture of bail jurisprudence, where cruelty is a factor.
Essentially, the bench had the ocassion to refer to the AI chatbot while dealing with the bail plea of one Jaswinder Singh @ Jassi who has been accused of brutally assaulting the deceased along with his accomplices leading to his death.
In its order, the Court noted that the complainant and the deceased, who were unarmed were waylaid by the petitioner and his other accomplices and attacked in an abhorrent manner as substantiated by the nature of injuries on their bodies.
The Court observed that causing death itself is cruel but if the cruelty causes death, the tables turn. It also opined that when the physical assault is done with an element of cruelty, the parameters of bail also change.
Stressing that when the offense is heinous and the crime is brutal, cruelty becomes one of the factors in granting or refusing bail, the Court noted thus:
"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. Once the courts form a prima facie opinion that the accused acted with cruelty, then such an accused ordinarily should not be granted bail, and if the courts still deem it appropriate to grant, then it must be after specifying the reasons for such an indulgence."
Further, the Court took note of the fact that the bail applicant had a criminal history of two cases and there was nothing on record which could assure the Court that if the accused is released on bail, then he shall not indulge in criminal behavior and will not abscond.
Against this backdrop, the Court concluded that an analysis of the allegations, injuries, and evidence collected points out that the accused and some of his accomplices acted with ferociousness and total lack of mercy which does not warrant the grant of bail to the accused.
Case title - Jaswinder Singh @ Jassi vs. State of Punjab and another
Citation: 2023 LiveLaw (PH) 48
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