Abstract

The conversation around artificial intelligence (AI) in the legal sector has gradually moved from academic speculation to practical deployment. With courts across jurisdictions increasingly relying on digital tools to manage caseloads, improve access, and ensure efficiency, the question is no longer whether AI will shape the justice system, but how? As technology evolves, it is expected to supplement judicial functions, albeit under careful human supervision. India, while conservative in adopting AI in adjudicatory roles, is taking decisive steps through legal reform and pilot initiatives. Among the areas ripe for such integration is the domain of probation. Probation is a reformative legal mechanism that permits courts to release certain categories of offenders under supervision instead of awarding custodial sentences. It strikes a balance between the punitive and rehabilitative aims of criminal justice, especially for first- time or low- risk offenders. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , procedural law has evolved to emphasise fairness, evidence-based sentencing, and socio- personal context in judicial decisions. These developments create adjudicators in probation assessments. This paper explores the potential role of AI in adjudicating probation decisions in India, critically examining whether its inclusion can serve the interests of justice or merely substitute one form of bias with another. It also evaluates the compatibility of AI systems with the normative goals of probation, particularly in a country where socio- economic disparities and underdeveloped forensic infrastructure continue to shape judicial outcomes.

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