Technology has created a significant impact in the legal field, changing the way that lawyers practice law and the way that justice is carried out. Improvements in productivity via automation and AI-powered research tools, accessibility through online legal resources and virtual courtrooms, and advancements in legal services and online dispute resolution are all part of the change.
There are many ways in which it has impacted positively and many ways in which it has impacted negatively.
Some positive impacts are:
- Convenience of Research: Research time can be significantly reduced by using AI techniques to swiftly go through enormous volumes of legal material and find relevant legislation, precedents and case law. One does not need physical copies of the latest judgments as the same can be gathered via the Internet.
- Lowers the Chance of Mistakes: Technology is also significant in the legal field since it limits the possibility of human error. For example: when advocates maintain a diary for the dates of proceedings then there is a chance for error that they might miss the date. But when the same is done using the calendar on devices then there is very less chance of error.
- Virtual Courts: Technology has expanded access to legal services and justice by opening the door for online dispute resolution platforms and virtual courts. A larger population can now access legal services more easily due to these advances, which provide alternatives to conventional court appearances.
- Better Case Management: Many administrative duties related to the practice of law have been simplified by the introduction of case management software. The government has developed various apps and websites that allow litigants to conveniently track their proceedings and get the most recent orders.
- Client Consultations: Technology has completely changed how lawyers interact with their clients. This change gives lawyers greater flexibility in their work schedules while also increasing client satisfaction.
- Artificial Intelligence: Several legal procedures, like document and contract review, are starting to change as a result of automation and artificial intelligence. AI can handle enormous volumes of data at speeds that humans cannot match, giving lawyers access to insightful information and relieving them of time-consuming duties.
- Improved Management of Resources: Lawyers had to engage their juniors in various petty works due to which their full efficiency could not be used. Technology has helped in solving these problems.
Some Negative Impacts of Technology are:
- Loss of Jobs: The employment of paralegals and other legal professionals is at risk because of the automation of ordinary legal operations like document screening and contract preparation. Excessive dependence on technology may result in less human interaction, which could affect the lawyer-client relationship.
- Risk of Data Breach: Sensitive legal information is at greater risk of data breaches and cyberattacks when legal services are provided through digital platforms. Legal technology systems are also prone to hacking, which could result in illegal access or manipulation of legal records.
- Ethical Concerns: Legal systems fairness may be threatened by AI algorithms that reinforce prejudices if they are not adequately supervised. Certain AI models decision-making procedures are opaque, which may damage public confidence in the legal system in case they are used for decision making.
- Cost Barrier: A lot of people in India are capable of using technology for legal work but still a big part of the population can not bear the cost of technology required for legal services.
Despite having negative aspects, the only reason courts functioned during the Covid-19 Pandemic was due to the availability of technology. Emphasizing video conferencing for day-to-day court proceedings was the only reason that litigants did not suffer much due to the pandemic. Courts reduced paperwork and increased efficiency by implementing e-filing systems that enable litigants to electronically submit legal papers. Technology played a huge role in the functioning of courts during the pandemic.
Case Laws:
The Supreme Court has discussed the use of technology in various cases, some of them are as follows:
- Kishan Chand Jain v. Union of India, 2023 SCC OnLine SC 1334:
In this case, the court discussed the cost-effectiveness and accessibility of virtual courtrooms.
Relevant Para:
“ 27. All the State Governments shall cooperate in the implementation of the order. The State Governments shall, where funds are required, ensure provision of necessary funds to all the SICs for setting up the infrastructure for conducting virtual hearings. The CIC and SICs would be at liberty to avail of the facilities which have been provided by the NIC for setting up the websites on the S 3 WAS Platform which provides for ease of access in the electronic mode.”
- Santhini v. Vijaya Venketesh, (2018) 1 SCC 62
In this case, the court held that in case of matrimonial disputes, it is better to be physically present in court as the recordings become a part of records and confidentiality is affected.
Relevant Para:
“ 19. To what extent the confidence and confidentiality will be safeguarded and protected in videoconferencing, particularly when efforts are taken by the counsellors, welfare experts, and for that matter, the court itself for reconciliation, restitution of conjugal rights or dissolution of marriage, ascertainment of the wishes of the child in custody matters, etc., is a serious issue to be considered. It is certainly difficult in videoconferencing, if not impossible, to maintain confidentiality. It has also to be noted that the footage in videoconferencing becomes part of the record whereas the reconciliatory efforts taken by the duty-holders referred to above are not meant to be part of the record. All that apart, in reconciliatory efforts, physical presence of the parties would make a significant difference. Having regard to the very object behind the establishment of the Family Courts Act, 1984, to Order 32-A of the Code of Civil Procedure and to the special provisions introduced in the Hindu Marriage Act under Sections 22, 23 and 26, we are of the view that the directions issued by this Court in Krishna Veni Nagam [Krishna Veni Nagam v. Harish Nagam, (2017) 4 SCC 150 : (2017) 2 SCC (Civ) 394] need reconsideration on the aspect of videoconferencing in matrimonial disputes.”
- Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639
In this case, The Supreme Court laid down the model guidelines for broadcasting the proceedings and other judicial events of the Supreme Court. The court clarified the types of matters that will be streamed and the ones that won’t be streamed online and the technical specifications for live streaming. The Court clarified the manner of live streaming of matters. The Court also ordered the Registry to make the required number of broadcasting rooms.
- State of Maharashtra v. Praful B. Desai (Dr), (2003) 4 SCC 601
The Supreme Court ruled that recording witness testimony via video conferencing is permissible under Indian law. This judgment acknowledged video conferencing as a valid method for recording evidence, paving the way for its broader adoption in court proceedings. The Court held that as long as either the accused or his pleader is present when the evidence is being recorded then such recording by way of video conference will meet the requirements of Section 273 of Cr.P.C.
“ 20.Recording of evidence by video-conferencing also satisfies the object of providing, in Section 273, that evidence be recorded in the presence of the accused. The accused and his pleader can see the witness as clearly as if the witness was actually sitting before them. In fact the accused may be able to see the witness better than he may have been able to if he was sitting in the dock in a crowded courtroom. They can observe his or her demeanour. In fact the facility to playback would enable better observation of demeanour. They can hear and rehear the deposition of the witness. The accused would be able to instruct his pleader immediately and thus cross-examination of the witness is as effective, if not better. The facility of playback would give an added advantage whilst cross-examining the witness. The witness can be confronted with documents or other material or statement in the same manner as if he/she was in court. All these objects would be fully met when evidence is recorded by video-conferencing. Thus no prejudice, of whatsoever nature, is caused to the accused. Of course, as set out hereinafter, evidence by video-conferencing has to be on some conditions.”
- Krishna Veni Nagam v. Harish Nagam, (2017) 4 SCC 150
The Apex Court held that video confrencing should be preferred than regularly transferring matrimonial cases as in many situations the husband and wife are not living in the same cities.
“ 14. One cannot ignore the problem faced by a husband if proceedings are transferred on account of genuine difficulties faced by the wife. The husband may find it difficult to contest proceedings at a place which is convenient to the wife. Thus, transfer is not always a solution acceptable to both the parties. It may be appropriate that available technology of videoconferencing is used where both the parties have equal difficulty and there is no place which is convenient to both the parties. We understand that in every district in the country videoconferencing is now available. In any case, wherever such facility is available, it ought to be fully utilised and all the High Courts ought to issue appropriate administrative instructions to regulate the use of videoconferencing for certain category of cases. Matrimonial cases where one of the parties resides outside court’s jurisdiction is one of such categories. Wherever one or both the parties make a request for use of videoconferencing, proceedings may be conducted on videoconferencing, obviating the needs of the party to appear in person. In several cases, this Court has directed recording of evidence by videoconferencing.”
Contributed by: Sangram Singh Rathore (Intern)