Use of Generative AI in Courts

Use of Generative AI in Courts

  • Context:

  • The Supreme Court recently termed the reliance of a trial court’s order on non-existent, artificial intelligence (AI)-generated judgments as "misconduct".

  • The Bench signalled its intent to examine the "consequences and accountability" of such actions in greater detail, noting it raises "considerable institutional concern" regarding the process of adjudication.

  • The Vijayawada Incident:

  • The issue stemmed from a property dispute in Vijayawada where an additional junior civil judge dismissed objections to a commissioner’s report in August 2025, citing four Supreme Court judgments.

  • When challenged before the Andhra Pradesh High Court in January 2026, it emerged that none of these judgments actually existed.

  • The judicial officer admitted using a Generative AI tool for legal research without verifying the citations against authentic databases, leading to the use of fictitious precedents.

  • Why Generative AI Creates Fake Case Law?

  • Generative AI tools like ChatGPT are not search engines fetching facts from verified databases.

  • They are predictive engines designed to mimic human language based on massive datasets.

  • When asked for case law, the AI prioritizes linguistic fluency over factual accuracy.

  • It predicts what a citation should look like, assembling realistic-sounding party names, volumes, and journals based on statistically probable word combinations, resulting in hallucinations.

  • Policy Responses and Mitigation:

  • White Paper Recommendations:

  • To mitigate these risks, a White Paper has recommended the establishment of AI ethics committees within courts and mandated that all AI-generated information be "independently verified".

  • Kerala High Court Initiative:

  • In July 2025, the Kerala High Court became the first to issue a formal AI policy for its district judiciary.

  • The policy permits AI tools for administrative tasks or translations but strictly mandates that outputs—especially legal citations—must be meticulously verified, explicitly warning that violations may lead to disciplinary action.