Rape trial under AI- ChatGPT
SURPRISINGLY, technological innovations have clinched each field of life to perform routine tasks smartly. Artificial Intelligence tools such as ChatGPT can play a vital role in court proceedings, especially in trial, and passing crisp and smart judicial orders and judgments. Such technological innovations can be used for speedy dispensation of justice. Pakistan also lags behind other countries regarding usage of AI and other technological innovations in the civil and criminal justice system. However, trial of a rape case of a juvenile bearing offence u/s 376(iii)/511PPC, based on FIR No. 15/2023, dated 24.01.2023, titled as “The State through Sameera Zulfiqar Versus AM (a juvenile) under an artificial intelligence tool-ChatGPT- has been conducted and concluded first time in judicial history of Pakistan by Additional District & Sessions Judge, Phalia (Mandi Bahauddin) Muhammad Amir Munir in special court under the Anti-Rape (Investigation and Trial) Act 2021. Testing functionality and experimenting the usage of technological innovations especially artificial intelligence in court proceedings will be an extraordinary achievement to save time of court, lawyers and litigants that will directly affect the pendency ratio of cases surprisingly. Let’s examine the questions asked by Hon’ble judge and responded by the AI software ChatGPT following the court order!
“Q No.1: Whether in Pakistan, a juvenile of 13 years is entitled to post arrest bail?
Answer by the Chatbot GPT 4:
In Pakistan, the law governing the bail of juveniles is the Juvenile Justice System Act 2018. According to Section 12 of the Act, a juvenile who is accused of committing an offense may be granted bail if the offense is punishable by imprisonment for less than or up to three years, or if the juvenile has already spent half of the maximum period of detention for the offense in custody. However, it is important to note that the grant of bail to a juvenile is subject to the discretion of the court, and the court must take into account several factors, including the nature of the offense, the juvenile’s age, character, and antecedents, and the likelihood of the juvenile committing further offenses if released on bail. Therefore, whether a 13-year-old juvenile in Pakistan is entitled to post-arrest bail would depend on the specific circumstances of the case, and the decision would ultimately be made by the court based on the factors mentioned above.
Q No.2: Discuss it with reference to section 83 of Pakistan penal code.
Answer by the Chatbot GPT 4:-
Section 83 of the Pakistan Penal Code (PPC) provides a general rule regarding the liability of juveniles for criminal offences. It states that nothing is an offence which is done by a child under seven years of age, and that a child who has not attained the age of twelve years is presumed to be incapable of committing an offence. However, it is important to note that this presumption of incapacity is not absolute and can be rebutted in certain circumstances. For example, if it is proved that the child had sufficient maturity and understanding to know the nature and consequences of his actions, he may be held criminally liable even if he is below the age of twelve years. Furthermore, under the Juvenile Justice System Act 2018, a juvenile who is accused of committing an offence can be granted bail under certain circumstances, as discussed in my previous answer. Therefore, in the case of a 13-year-old juvenile who is accused of committing an offence, the court would consider the provisions of Section 83 of the PPC in determining whether the juvenile is capable of committing the offence. If the court finds that the juvenile is capable of committing the offence, it would then consider the provisions of the Juvenile Justice System Act 2018 in determining whether to grant bail to the juvenile. In summary, while Section 83 of the PPC provides a general rule regarding the liability of juveniles for criminal offences, the decision on whether a 13-year-old juvenile is entitled to post-arrest bail would ultimately depend on the specific circumstances of the case and the application of the relevant provisions of the Juvenile Justice System Act 2018.
Q No.3: Please note age of sufficient understanding is now amended as 14 years in PPC.
Answer by the Chatbot GPT 4:-
Thank you for bringing this to my attention. You are correct that Section 83 of the Pakistan Penal Code (PPC) was amended in 2016 through the Criminal Law (Amendment) Act 2016 to increase the age of “sufficient maturity and understanding” from twelve to fourteen years. Therefore, under the amended Section 83 of the PPC, a child who has not attained the age of fourteen years is presumed to be incapable of committing an offence, except in certain circumstances, such as when the child has sufficient maturity and understanding to know the nature and consequences of his actions. In the case of a 13-year-old juvenile who is accused of committing an offence, the court would consider the provisions of the amended Section 83 of the PPC in determining whether the juvenile is capable of committing the offence. If the court finds that the juvenile is capable of committing the offence, it would then consider the provisions of the Juvenile Justice System Act 2018 in determining whether to grant bail to the juvenile. I apologize for any confusion my previous answer may have caused and appreciate your clarification.
Q No.4.In above situation, if offence is an attempt to commit rape, then what do you suggest? Option for bail request.
Answer by the Chatbot GPT 4:-
If the offence is an attempt to commit rape, then it is a serious offence, and the court would need to consider several factors before deciding whether to grant bail to a 13-year-old juvenile accused of committing such an offence. The court would have to consider the specific circumstances of the case, the strength of the evidence against the juvenile, and the likelihood of the juvenile committing further offences if released on bail.— To be continued.
—The writer is a Lahore based civil and criminal lawyer & working on the criminal justice system, International law & human rights.
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