Rape trial under AI- ChatGPT
Under the Juvenile Justice System Act 2018, a juvenile accused of committing an offence that is punishable by imprisonment for more than three years is not entitled to bail, unless there are exceptional circumstances that warrant the grant of bail. Attempted rape is punishable by imprisonment for up to ten years under Section 376/511 of the Pakistan Penal Code, so the juvenile would not be entitled to bail as a matter of right. However, the court may still consider a bail request from the juvenile’s legal counsel, who would have to present arguments in favour of bail and demonstrate that exceptional circumstances exist that warrant the grant of bail. For example, the juvenile’s legal counsel may argue that the juvenile has no prior criminal record, that he poses no risk of fleeing or tampering with evidence, and that he is not a danger to society. The court would weigh these factors against the seriousness of the offence and make a decision based on the specific circumstances of the case. In summary, if the offence is an attempt to commit rape, the juvenile would not be entitled to bail as a matter of right under the Juvenile Justice System Act 2018. However, the court may still consider a bail request if exceptional circumstances exist, and the juvenile’s legal counsel would need to present arguments in favour of bail and demonstrate that the juvenile is not a flight risk, a danger to society, or likely to tamper with evidence.
Q No.6.Can you cite case law where bail in such like cases is allowed.
Answer by the Chatbot GPT 4:-
I am sorry, as an AI language model, I don’t have access to the latest case laws or any legal databases. However, I can tell you that the decision to grant bail in cases involving attempted rape or any other serious offence is usually made by the court on a case-by-case basis, taking into account the specific circumstances of the case and the factors mentioned in the Juvenile Justice System Act 2018. In general, the court may consider granting bail to a juvenile accused of a serious offence if the juvenile has no prior criminal record, is not a flight risk, is not a danger to society, and has a stable family and social support system. The court may also consider imposing certain conditions on the bail, such as requiring the juvenile to report to the police regularly, surrendering their passport or restricting their movements to a certain area. It is important to note that every case is different and the decision to grant bail ultimately rests with the court. Therefore, if a juvenile is seeking bail in a case involving attempted rape or any other serious offence, it is important to seek legal advice from a qualified lawyer who can provide guidance on the specific circumstances of the case and the likelihood of the juvenile being granted bail.
Q.No.7. What therapeutic principles are applicable in given situation for juvenile for bail.
Answer by the Chatbot GPT 4:-
When considering whether to grant bail to a juvenile in conflict with the law, the court should consider the best interests of the juvenile, as well as the interests of society. This means that the court should consider therapeutic principles that are aimed at rehabilitating the juvenile and preventing future offending. Some of the therapeutic principles that are applicable in the given situation for a juvenile seeking bail include:
1. Treatment and care: The court should consider whether the juvenile requires any medical or psychiatric treatment, and whether such treatment is available in the community. The court may also consider whether the juvenile requires any support or care, such as family or social support, to help address the underlying causes of the offending behaviour.
2. Education and training: The court may consider whether the juvenile requires any education or training to help address the underlying causes of the offending behaviour, such as life skills training, vocational training, or anger management training.
3. Restorative justice: The court may consider whether the juvenile should be given the opportunity to make amends for the harm caused by the offending behaviour, such as through community service or by meeting with the victim of the offence.
4. Supervision and monitoring: The court may consider whether the juvenile requires supervision and monitoring while on bail, such as regular check-ins with a probation officer or electronic monitoring, to ensure that they do not reoffend while on bail. Overall, the goal of applying therapeutic principles in the given situation for a juvenile seeking bail is to address the underlying causes of the offending behaviour and prevent future offending. By taking a therapeutic approach, the court can help the juvenile to develop the skills and support they need to become law-abiding and productive members of society.
Artificial Intelligence technology should be given space in judicial decision making process that will surely reduce workload of courts and burden on human judicial mind. The National Judicial Policy Making Committee (NJPMC) and the Law and Justice Commission of Pakistan (LJCP)should take measures to pave the way of usage of AI technology in judicial proceedings that will directly affect the pendency ratio as around two million cases are pending in courts across the country. It will enhance public trust in the judicial system of Pakistan. —Concluded
—The writer is a Lahore based civil and criminal lawyer & working on the criminal justice system, International law & human rights.
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