Now, artificial intelligence (AI) is also going to be used in the courts. The Supreme Court's 'Full Court' on Thursday passed the 'Information and Communication Technology Policy of the Judiciary, 2083', paving the way for the use of AI. 

The policy states that the use of AI-based systems will be increased to assist in drafting, study and research. It is stated that AI will not be used to interfere in judicial decisions. The policy also states that when using AI-related systems developed by internal or external bodies in judicial work, its reliability, transparency, impartiality and work operation structure will be analyzed and arrangements will be made to use them based on suitability. 

When case details and documents are entered in the case management system, a database will be prepared in a machine-searchable format for the AI ​​system. The policy states that the orders and judgments of courts across the country, including the Supreme Court, will be made easily searchable and readable by AI. 

Point 5.2 of the policy states that ‘Artificial Intelligence (AI) will be implemented as a tool for innovation in judicial processes by identifying potential areas of its use.’ According to the policy, a program will be launched to raise awareness among internal and external users and stakeholders on the use of AI in court proceedings, its utility, risks, and other issues. 

Supreme Court Chief Registrar Bimal Poudel said that the policy has been formulated to allow the use of AI for humanitarian assistance. ‘Technology will be used to the maximum extent possible for smooth and speedy justice delivery,’ he said, ‘However, the use of AI is not acceptable for tasks that need to be done humanely, such as judgments, writ petitions, and writing various comments.’ He said that it will not be accepted because there is a huge risk of citing the wrong law when writing judgments and writs using AI. 

According to Joint Secretary Amit Upreti, involved in the formulation of Information and Communication Technology Policy, this policy has come as the first step to identify potential areas of use of AI and implement it. He said that the policy has been prepared to focus on legal research.

‘We have paid attention to ensuring that AI does not influence or pressure human decisions,’ he said. ‘There is a risk that AI can make decisions by citing non-existent laws in matters such as decision-making that require purely human discretion and specific legal provisions. Therefore, the policy has been made to use AI in such matters.’

The Supreme Court is preparing to start the work of placing orders in the system with the help of AI. The Supreme Court has stated that preparations are also being made to conduct training and awareness campaigns on the use of AI for the Nepal Bar Association, government lawyers, judicial services and legal service employees, as well as service recipients. 

Chief Justice Manoj Kumar Sharma had promised to create an ‘e-court’ and formulate a policy on the use of AI during the parliamentary hearing before his appointment. Chief Justice Sharma said that the policy made in accordance with that promise will be a milestone in the work from decision study to case management. "With the development of information technology, the judiciary should also be technology-friendly and be able to benefit from it, so the Full Court has made such a policy. We will continue to revise it in the future as appropriate," he said. 

The policy states that partnerships can be formed with government resources, domestic private and academic sectors, and international intergovernmental development partners for the development, expansion, and strengthening of the judiciary's information technology infrastructure.