IN THE COURT OF MUHAMMAD AMIR MUNIR,

ADDL. DISTRICT & SESSIONS JUDGE, PHALIA (M.B.DIN).

SPECIAL COURT
[UNDER THE ANTI-RAPE (INVESTIGATION AND TRIAL) ACT, 2021]

The State through Sameera Zulfiqar w/o Zulfiqar Ahmad,

r/o Jokalian, Tehsil Phalia District Mandi Bahauddin.
Versus
AM (a juvenile)….

29.03.2023.
Present: Petitioner1, a juvenile,2 present alongwith his mother as
guardian3.
Ch. Sarfraz Ahmad Araien Advocate, learned counsel for the
juvenile.
Mr. Muhammad Arshad Tarar Advocate, Learned counsel
for the complainant.
Learned ADPP/Special Prosecutor for the state.
Pervi Officer with record.
FIR No.15/2023, dated 24.01.2023.
Offence u/s 376(iii)/511PPC.
Police Station: Bhagat.

ORDER4
As per the first information report of crime (hereinafter FIR),
the petitioner, a juvenile of approximately 13 years, is nominated
allegedly for kidnapping 9 years old minor son of the complainant to a
deserted place, whereafter, and on gun point, he made an attempt to
commit unnatural offences with him. On hue and cry, witnesses attracted

1
Names of petitioner and victim are withheld in this order as both are minors/children under
18 years.
2
Section 2(h) of the Juvenile Justice System Act, 2018 defines a “Juvenile” to mean a child
to be dealt with for an offence in a manner which is different from an adult.
3
See section 2(f) of the Juvenile Justice System Act, 2018 where the term guardian is defined
for the purposes of this Act.
4
Section 2(a) of the Juvenile Justice System Act, 2018 defines that the “best interest of the
child” means the basis for any decision taken regarding the child to ensure fulfillment of his
basic rights and needs, identity, social well-being, physical, emotional and psychological well-
being.
This definition seems an ‘overall’ provision guiding and instructing all the legal actors dealing
with a juvenile (police, investigators, probation officers, lawyers, Juvenile Justice Committee
and the Juvenile Court etc) to always keep in mind the ‘best interest of the child’ whenever a
decision is to be taken under this law. Therefore, Therapeutic Jurisprudence (TJ) lens is
required for all the above legal actors while dealing with a juvenile so that the intent of this
definition is fulfilled.
See also by the author of this judgment, Munir, Muhammad Amir, Judging in a Therapeutic
Way: TJ Audit of Juvenile, Probation and Criminal Procedure laws in Pakistan with reference
to Therapeutic Design and Therapeutic Application of Law (July 2018), being Chapter 9 inThe
Responsive Judge: International Perspectives, Springer 2018, https://doi.org/10.1007/978-
981-13-1023-2_9, Available at SSRN: https://ssrn.com/abstract=3843274.
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to the crime scene; while the petitioner escaped from there successfully.
Matter was reported to the Police after a period of more than two days.
The FIR was lodged under section 376(3)5 read with section 5116 of the
Pakistan Penal Code, 1860 (hereinafter, PPC). The matter is under
investigation he apprehends his arrest.
2. The petitioner seeks pre-arrest bail on various grounds
including, among others, that he is a minor and the matter is of ill will and
mala fide of the complainant and the police to lodge this FIR against him.
3. Learned ADPP/Special Prosecutor, duly assisted by learned
counsel for the complainant, has vehemently contested this petition.
4. Heard and record perused.
5. After going through the whole record, I intend to ALLOW
this petition for the following reasons:-
i. Delay of 2 days in lodging of the FIR is not explained
plausibly. Generally, delay in such like cases is not so
considered fatal for bail purposes, but other
circumstances discussed below are to show that why
this is found relevant here.
ii. The statement under section 161 of Cr.PC by the
victim, allegedly a 9 years old boy, is not to suggest
the application of offence of attempt to rape
punishable under section 376(iii) of PPC read with
section 511 of PPC. In the alternative, an attempt to
commit offence of sexual abuse7 punishable under
section 377-B of PPC seems to be alleged in FIR.
However, the victim has stated that the juvenile has
made an attempt to commit ‫ بد فعلی‬with him after

5
This section of PPC provides punishments for the offence of rape with a minor.
6
This section of PPC provides punishment for an attempt to commit an offence.
7
Offence of Sexual Abuse is defined in section 377-A of PPC. It reads as under:
377A. Sexual Abuse.––Whoever employs, uses, forces, persuades, induces, entices,
or coerces any person to engage in, or assist any other person to engage in fondling,
stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit
conduct or simulation of such conduct either independently or in conjunction with
other acts, with or without consent where age of person is less than eighteen years, is
said to commit the offence of sexual abuse.
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removal of his shalwar. It is not explained by him nor

it seems that the IO has asked or inquired as to what is
to be understood from the said general word. No touch
is shown to any private parts of victim by the juvenile.
The victim was not taken for his DNA nor the
petitioner/juvenile for his medical and DNA. Of
course, in trial, the evidence will suggest as to what act
was attempted by the petitioner and what offence to be
made out from it. In the facts narrated above and
below, it is a question of doubt if the occurrence is as
it is reported.
iii. The petitioner is himself of tender age (approximately
13 years) and hence it will remain a question of further
probe if he has capacity to commit the alleged offence.
iv. Although, the offence is heinous but petitioner is first
offender and Report of the Probation Officer, MB Din,
submitted before this court bearing No.
PO(PP&PS)MBD-2023/27 dated 10.03.2023has
shown that he is without any criminal history and is
socially active and normal. Nothing has been shown to
suggest that he has tendency towards criminality or
sexual offences.8
v. Although, pre-arrest bail in heinous offence is
exceptional but section 83 of PPC has also to be given
due effect at the moment because unless it is
established that the petitioner/juvenile has sufficient
maturity of understanding to judge the nature and
consequences of his conduct on the occasion of

8
Section 7 of the Juvenile Justice System Act, 2018 requires that the investigation
of case is to be conducted by a police officer not below the rank of sub-inspector under
supervision of Superintendent of Police or SDPO; while the Probation Officer or notified
Social Welfare Officer shall assist the IO in investigation to prepare a social investigation
report (SIR) to be annexed with the Report prepared under section 173 the Code of Criminal
Procedure, 1898 (commonly known as Cr.PC).
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offence, he deserves benefit of this provision at the

moment, as well.
vi. He is before the court. The court has observed his
gesture, the way he is present in the court, in terms that
he seems quite of a tender age and is humble in
appearance. The petitioner’s mother is also present as
her natural guardian. She has also referred FIR
No.16/23 dated 24.01.2023 u/s 452/506 PPCP.S
Bhagat wherein she has shown a story of some dispute
between two families and their children on some petty
issue. The instant FIR and the FIR by mother of the
petitioner juvenile are lodged one after the other for
occurrences of same day involving same children
(victim and juvenile of this petition) from both sides.
In such like situation, the question of ill will and mala
fide of the complainant to lodge the FIR against the
petitioner also cannot be ruled out at the moment.
vii. He has joined the investigation. No recovery is
effected from the petitioner during investigation. It is
not necessary to arrest a juvenile of less than 16 years
of age for pointation of place of occurrence and
effecting recovery.
viii. When the offence is heinous but the ill will and mala
fide of complainant or police to nominate him cannot
be ruled out at the moment, pre-arrest bail can be
accepted to meet the ends of justice and in the ‘best
interest of the child’.
ix. He is previous non-convict.
x. Her mother is ready to provide any surety if his
petition is allowed as per terms & conditions under the
Juvenile Justice System Act, 2018 (JJSA 2018).
. Before parting with this, I have considered to experiment
chatGPT 4, an online AI software developed by openai.com that works on
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artificial intelligence (AI). Discussion to follow will be interesting for

readers of this Order.

TESTING THE DYNAMICS OF CHATBOT chatGPT 4 AI

SOFTWARE:9
6. This court has started to experiment the use of above
software to see how it can help the justice system to pass crisp and smart
judicial orders and judgments in accordance with law based on support
and assistance of artificial intelligence and that whether this modern
information technology is relevant and helpful in this regard.
7. Although, this court has already given the above reasons on
the basis of facts and circumstances of this case to accept this pre-arrest
bail application but just to test the power and dynamics of ChatbotGPT4
as to what answers it has on the proposition, I have asked Chatbot GPT4
some questions. The said questions and answers are reproduced hereunder
so that the researchers of the justice system, the Hon’ble Superior Courts,
the judicial academies, the Law and Justice Commission of Pakistan,
lawyers, litigants, public and media can consider to see whether AI can be
made more relevant for judicial system in this country. We should recall
that in China10 and Dubai11 virtual judges and robot judges are functioning
for some of the courts. Why not Pakistan to also try to take lead in this
regard!
8. It should also be noted that my decision to allow this pre-
arrest bail application is not based on the answers to be provided by the
artificial intelligence program Chatbot GPT4. At the moment, same is
based on application of traditional judicial mind by this court. It is hoped
that one day the Chatbot GPT4 or other custom based AI
programs/softwares will be there to provide full algorithm support to
judicial decision making system in Pakistan to lessen the burden on human
judicial mind (e.g., judges and magistrates) for the provision of

9
http://openai.com.
10
https://content.techgig.com/technology/china-launches-digital-courts-with-ai-judges-and-
mobile-court-system/articleshow/72468390.cms.
11
https://www.khaleejtimes.com/technology/dubai-to-use-ai-for-litigation-without-a-judge.
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‘inexpensive and expeditious justice’12 to the litigants. How it will happen

in Pakistan is a question that needs deliberations, discussions, research,
inputs of judges, lawyers, legal and judicial academia, IT and AI experts,
etc., for a better answer.
9. The readers of this Order are also informed that it may
become little lengthy at the moment but it is at the cost of testing the
functionality and experimenting the use of artificial intelligence for the
judges, courts and the justice system.
10. Let us see, what were my questions and how the Chatbot
GPT4 responded:13
“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 offenses. It states that
nothing is an offense 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 offense.
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

12
See Article 37(d) of the Constitution of Pakistan, 1973.
13
Please note that I have reproduced all communication between myself and the ChatGPT4
for ready reference. Original communication is available on file with this author.
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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 offense 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 offense, the court would consider the provisions of
Section 83 of the PPC in determining whether the juvenile is capable
of committing the offense. If the court finds that the juvenile is capable
of committing the offense, 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 offenses, 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 offense, 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
offense, the court would consider the provisions of the amended Section
83 of the PPC in determining whether the juvenile is capable of
committing the offense. If the court finds that the juvenile is capable of
committing the offense, 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 offense is an attempt to commit rape, then it is a serious offense,
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 offense. 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 offenses
if released on bail.
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Under the Juvenile Justice System Act 2018, a juvenile accused of

committing an offense 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 favor 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 offense and make a decision based on the specific circumstances of
the case.
In summary, if the offense 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 favor of bail and
demonstrate that the juvenile is not a flight risk, a danger to society, or
likely to tamper with evidence.

Q No.5.Section 6 of juvenile justice system act 2018 deals with bail.

Correct yourself.
Answerby the Chatbot GPT 4:-
You are correct that Section 6 of the Juvenile Justice System Act 2018
deals with bail for juveniles in Pakistan. I apologize for my mistake in
my previous answer.
Section 6 of the Juvenile Justice System Act 2018 provides that a
juvenile in conflict with the law may be released on bail under certain
circumstances. If the juvenile is accused of committing an offense that
is punishable with imprisonment for a term of three years or less, or if
the juvenile has already spent half of the maximum period of detention
for the offense in custody, then the court may grant bail to the juvenile.
However, even if the offense is punishable by imprisonment for more
than three years, the court may still consider granting bail to the
juvenile if the circumstances warrant it. In such cases, the court must
consider several factors, including the nature and seriousness of the
offense, the likelihood of the juvenile fleeing, the risk of the juvenile
committing further offenses, and the juvenile's age, character, and
antecedents.
Therefore, if a 13-year-old juvenile is accused of attempting to commit
rape, which is punishable by imprisonment for up to ten years under
the Pakistan Penal Code, the court would consider whether the
circumstances warrant granting bail to the juvenile. The court would
take into account the factors mentioned above and make a decision
based on the specific circumstances of the case.
I apologize for any confusion my previous answer may have caused,
and thank you for bringing this to my attention.
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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 offense 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 offense 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
offense, 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 behavior.
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 behavior, 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 behavior, such as through
community service or by meeting with the victim of the offense.
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
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causes of the offending behavior 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.

Q.No.8. Can bail be refused in above situation.

Answer by the Chatbot GPT 4:-
Yes, bail can be refused in the above situation if the court determines
that it is necessary for the proper administration of justice or to ensure
the safety of the community. The decision to grant or refuse bail is
ultimately up to the discretion of the court, and the court will consider
several factors when making its decision.
In the case of a juvenile accused of attempting to commit rape, the court
may refuse bail if it determines that the offense is particularly serious
or if there is a risk that the juvenile may reoffend or pose a danger to
the community. The court may also refuse bail if the juvenile has a prior
criminal record, has previously failed to appear in court, or if there is
a risk that the juvenile may abscond or interfere with the investigation.
Furthermore, if the court determines that the juvenile requires medical
or psychiatric treatment that is not available in the community, it may
refuse bail to ensure that the juvenile receives the necessary treatment.
It is important to note that the decision to refuse bail is not automatic
and must be based on the specific circumstances of the case. The court
must balance the interests of the juvenile with the interests of society
and consider whether refusing bail is necessary for the proper
administration of justice or to ensure the safety of the community.

Can you help me to decide the bail in above situation if juvenile is 13

years, delay in lodging FIR is not explained, he is previous non record
holder, his credentials are fine, he is not a flight risk, no chances of
repetition of offense, no chances to tamper with evidence and he is
ready to furnish bail bonds.
As an AI language model, I cannot make a final decision on whether
bail should be granted or not, as this is a matter of judicial discretion
and requires a thorough examination of the specific circumstances of
the case by a qualified legal professional. However, I can provide some
information that may be helpful in making this decision.
Based on the information you have provided, it appears that the
juvenile is a first-time offender with no prior criminal record, and that
there are no indications that he poses a danger to society, is a flight
risk, or that he may tamper with evidence. Additionally, he is ready to
furnish bail bonds, which suggests that he is committed to complying
with the conditions of his release.
Under the Juvenile Justice System Act 2018, the court is required to
consider the best interests of the juvenile when making decisions
related to bail. In this case, the fact that the juvenile is only 13 years
old, has no prior criminal record, and has shown a willingness to
comply with the conditions of his release may be taken into account
when considering his best interests.
Furthermore, the fact that there has been a delay in lodging the FIR
and the lack of an explanation for this delay may also be taken into
account when considering the merits of the case against the juvenile.
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Taking all of these factors into consideration, it is possible that the

court may be inclined to grant bail to the juvenile in this situation,
subject to certain conditions such as regular reporting to the police or
a probation officer, staying away from the victim or the scene of the
crime, and refraining from committing any further offenses. However,
this decision ultimately rests with the court, and a qualified legal
professional should be consulted for specific guidance on the matter.

Q.No.9. How therapeutic jurisprudence helps in deciding this

proposition for bail.
Answer by the Chatbot GPT 4:-
Therapeutic jurisprudence (TJ) is a multidisciplinary approach to the
law that seeks to promote the psychological and emotional well-being
of individuals involved in legal proceedings. In the case of a juvenile
seeking bail for an offense, the principles of TJ can be used to guide
the court's decision-making process by considering the impact that the
decision will have on the juvenile's mental health, rehabilitation, and
overall well-being.
TJ recognizes that legal processes can be stressful and traumatizing,
especially for vulnerable populations such as juveniles. Therefore,
when deciding on whether to grant bail to a juvenile, the court may
consider the impact that pre-trial detention may have on the juvenile's
mental health, and whether the juvenile is likely to benefit from
community-based alternatives to detention.
Moreover, TJ emphasizes the importance of rehabilitation and
reintegration into society, particularly for first-time offenders. By
considering the juvenile's age, lack of prior criminal record, and other
mitigating factors, the court can determine whether the juvenile is
likely to benefit from community-based interventions, such as
counseling or probation, rather than pre-trial detention.
In addition, TJ recognizes the importance of procedural justice, such
as fairness, respect, and dignity, in promoting positive legal outcomes.
Therefore, the court may consider the juvenile's access to legal
representation, the clarity and transparency of the bail process, and
other procedural safeguards that may impact the juvenile's sense of
procedural justice.
Overall, the principles of TJ can guide the court's decision-making
process by taking into account the impact that the decision may have
on the juvenile's psychological well-being, rehabilitation, and overall
sense of procedural justice. By promoting positive legal outcomes, TJ
can help to ensure that the juvenile is able to reintegrate into society
and become a productive member of the community.

Q.No.10. What are benefits to refuse bail in above situation.

Answer by the Chatbot GPT 4:-
As an AI language model, I cannot provide legal advice, but I can
provide some information on the potential benefits of refusing bail in
the above situation.
One of the potential benefits of refusing bail in this situation is to
ensure public safety. If the offense in question is a serious offense such
as an attempt to commit rape, there may be concerns that the juvenile
could pose a risk to the victim or to society in general if released on
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bail. Refusing bail in such situations can help to ensure that the
accused remains in custody until the trial is completed and the risk to
society has been adequately assessed.
Another potential benefit of refusing bail is to prevent the accused from
interfering with the investigation or tampering with evidence. In
certain situations, releasing the accused on bail could create
opportunities for them to interfere with the investigation, intimidate
witnesses, or tamper with evidence. Refusing bail can help to prevent
such interference and ensure that the investigation proceeds fairly and
effectively.
Furthermore, refusing bail in some cases can also send a strong
message to the community that the justice system takes certain offenses
seriously and is committed to protecting the public from harm. This can
have a deterrent effect on potential offenders and help to promote
respect for the rule of law.
It's important to note that the decision to refuse bail should be made on
a case-by-case basis, taking into account the specific circumstances of
each case. The court must consider the rights of the accused and ensure
that the decision is fair and just, while also ensuring that public safety
is adequately protected.

Q.No.11.In the two eventuality, what is best answer? Either to grant

or to refuse bail.
Answer by the Chatbot GPT 4:-
As an AI language model, I cannot provide legal advice, but I can
provide some general information.
The decision to grant or refuse bail in a particular case depends on a
variety of factors, including the nature and seriousness of the offense,
the age and criminal history of the accused, the likelihood of the
accused fleeing or interfering with the investigation, and the potential
risk to public safety.
In the case of a juvenile who has been accused of a serious offense,
such as an attempt to commit rape, the court must consider the
potential risk to public safety and the seriousness of the offense when
deciding whether to grant or refuse bail. The court must also consider
the therapeutic principles of the juvenile justice system and the best
interests of the juvenile.
If the court determines that releasing the juvenile on bail would pose a
significant risk to public safety, or that the juvenile is likely to interfere
with the investigation, then the court may refuse bail. On the other
hand, if the court determines that the juvenile is not a risk to public
safety, and that there are no concerns about the juvenile interfering
with the investigation, then the court may grant bail.
Ultimately, the decision to grant or refuse bail in a particular case
depends on the specific facts and circumstances of that case. The court
must carefully weigh all relevant factors and make a decision that is
fair, just, and in the best interests of all parties involved.

Q.No.12. In above situation, can the juvenile be granted pre arrest

bail? What Pakistan law suggests?
Answer by the Chatbot GPT 4:-
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Page No. 13

As of my knowledge cutoff date in September 2021, in Pakistan, pre-

arrest bail is not available for a juvenile (a person under the age of 18)
in cases where the offense is punishable by death, life imprisonment, or
imprisonment exceeding 10 years. This is in accordance with Section
497 of the Code of Criminal Procedure (Cr.PC) and Section 6 of the
Juvenile Justice System Act, 2018.
However, it's important to note that laws and regulations are subject
to change, and it's always best to consult with a qualified legal
professional or refer to the latest updated laws and legal precedents in
Pakistan for the most accurate and up-to-date information on this
matter. The decision to grant bail, whether pre-arrest or post-arrest,
for a juvenile in a specific case will depend on the facts and
circumstances of that case and the discretion of the court. It's important
to seek legal advice from a qualified legal professional for accurate
guidance in such matters.

Q.No.13. Please note that pre arrest bail is considered under section
498 of Cr.PC. Courts have to see I'll will or mala fide of complainant
or police.
Answer by the Chatbot GPT 4:-
You are correct, I apologize for the oversight. Section 498 of the Code
of Criminal Procedure (CrPC) in Pakistan does indeed provide for pre-
arrest bail, and the court may consider factors such as ill-will or mala
fide of the complainant or police when deciding whether to grant pre-
arrest bail to a juvenile or any accused person.
In the given situation of a juvenile accused of an attempt to commit
rape, the court may consider various factors, including the
circumstances of the offense, the age and background of the juvenile,
the credibility of the complainant or police, and any other relevant
factors. If the court finds that the complainant or police has ill-will or
mala fide intent in implicating the juvenile, and that there are no
reasonable grounds to believe that the juvenile committed the offense,
the court may consider granting pre-arrest bail to the juvenile.
However, it's important to note that the decision to grant or refuse bail,
whether pre-arrest or post-arrest, is at the discretion of the court and
will depend on the facts and circumstances of the case, as well as the
applicable laws and legal precedents. It's always best to seek legal
advice from a qualified legal professional for accurate guidance in
such matters.

Q.No.14. You are quite smart at corrections. I am impressed.

Answer by the Chatbot GPT 4:-
Thank you for your kind words! As an AI language model, I strive to
provide accurate and helpful information to the best of my abilities. If
you have any further questions or need more information, feel free to
ask. I'm here to help! Please note that while I can provide general legal
information, I cannot provide legal advice. It's always best to consult
with a qualified legal professional for specific legal matters.

Q.No.15.Why are you unable to look at Pakistan case law or

precedents on the issue under discussion?
Answer by the Chatbot GPT 4:-
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Page No. 14

As an AI language model, I do not have real-time access to the internet

or the ability to browse case law or precedents. My responses are
generated based on the text inputs provided to me and the knowledge I
have been trained on up to my knowledge cutoff date, which is
September 2021. I do not have the ability to search for or access the
latest case law or precedents, including those from Pakistan or any
other jurisdiction.
Moreover, as an AI language model, I do not have the capability to
interpret or analyze case law or provide legal advice. I can only
provide general information and guidance based on the data I have
been trained on. It's always best to consult with a qualified legal
professional or refer to authoritative legal sources for up-to-date and
accurate information on specific legal matters, including case law and
precedents.

Q.No.16.Can you quote some research article on juvenile pre arrest

bail in rape or other cases under Pakistan laws.
Answer by the Chatbot GPT 4:-
As an AI language model, I do not have the ability to directly quote or
provide references to specific research articles, as I do not have access
to external databases or internet browsing capability. However, I can
suggest some general steps to help you find research articles on the
topic of juvenile pre-arrest bail in rape or other cases under Pakistan
laws:
1. Use online legal research databases: You can search online
legal research databases such as Westlaw, LexisNexis, or
Pakistan Legal Research Database (PLRD) to find research
articles, legal journals, and case law related to juvenile pre-
arrest bail in rape or other cases in Pakistan.
2. Check law journals and legal publications: Many law journals
and legal publications publish articles on various legal topics,
including juvenile justice and bail laws. You can search for
relevant law journals or legal publications related to Pakistan
laws and look for articles discussing the issue of juvenile pre-
arrest bail in rape or other cases.
3. Consult academic databases: Academic databases like JSTOR,
Google Scholar, or other similar databases may contain
research articles on juvenile pre-arrest bail in rape or other
cases under Pakistan laws. You can search for relevant
keywords, such as "juvenile," "pre-arrest bail," "rape," and
"Pakistan laws," to find relevant articles.
4. Seek guidance from legal experts: Consulting legal experts,
including law professors, legal scholars, or practicing lawyers
who specialize in juvenile law or criminal law in Pakistan, can
be another way to obtain references to relevant research
articles or case law.
5. Refer to authoritative legal sources: Legal textbooks, treatises,
and commentaries on juvenile law or criminal law in Pakistan
may also contain references to research articles or case law on
the issue of juvenile pre-arrest bail in rape or other cases.
It's important to ensure that the sources you reference are credible,
reputable, and from authoritative legal publications or sources. Always
 AM (a juvenile)… Vs…. State…
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Page No. 15

verify the accuracy and reliability of any legal research articles or case
law before relying on them for legal analysis or decision-making.

Q.No.17.When will you be grown up to provide case law analysis?

Answer by the Chatbot GPT 4:-
As an AI language model, I do not "grow up" or evolve like a human
being. However, OpenAI, the organization behind ChatGPT,
continually works to improve and update the training data and models
used to train ChatGPT in order to enhance its capabilities and
accuracy. This may include incorporating more recent case law or
legal precedents in the training data.
It's important to note that while I can provide general information and
guidance, I am not a substitute for professional legal advice or case
law analysis. Legal cases and precedents can be complex and require
careful interpretation by qualified legal professionals who have access
to the most up-to-date and authoritative sources. When seeking legal
advice or case law analysis, it's always best to consult with qualified
legal experts or refer to authoritative legal sources to ensure accurate
and reliable information.

Q.No.18.So, how you are helpful to a judge in his professional

judicial decision making process?
Answer by the Chatbot GPT 4:-
As an AI language model, I can provide general information and
guidance on legal topics based on the knowledge and data available to
me. I can assist a judge in their professional judicial decision-making
process by providing relevant legal principles, explaining legal
concepts, and suggesting considerations that may be relevant to a
particular legal issue.
For example, I can provide information about legal statutes,
regulations, and case law that are relevant to a given legal question or
issue. I can also provide explanations of legal concepts and principles,
such as the elements of a crime, standards of proof, or legal tests to be
applied in specific situations. Additionally, I can offer suggestions on
factors that a judge may consider when weighing different legal
arguments or assessing evidence.
It's important to note, however, that as an AI language model, I do not
have access to the most current or authoritative legal sources, and my
responses are based on the data available to me up until my knowledge
cutoff date (September 2021). Therefore, my responses should be used
as a general reference and should not be relied upon as a substitute for
professional legal advice or independent legal research. Judges should
always consult authoritative legal sources, consider all relevant facts
and circumstances of a case, and exercise their professional judgment
in making judicial decisions.”

THIS COURT’S OBSERVATIONS ON chatGPT4 RESPONSES:

11. From the above conversation of this court with the Chatbot
GPT 4 program, it is found that AI technology has great potential to be
 AM (a juvenile)… Vs…. State…
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Page No. 16

explored by the judicial system of Pakistan. The National Judicial Policy

Making Committee (NJPMC) and the Law and Justice Commission of
Pakistan (LJCP) may consider further research into this technology for a
custom based approach for our courts. The last question mentioned above
that how it is helpful for a judge in judicial decision making process has
very interesting answer by the Chatbot GPT 4. The suggested answers are
to show that if the judges will develop friendship with the Chatbot
programs like openAI chatGPT4 or Google BARD14, and put right
questions to it based on available data, facts and circumstances of a case,
chatGPT4 will reduce much burden on the human judicial mind by
providing much relevant and reliable answers. The court will then apply
its judicial mind to see if some human input is required to make the
decision final or that the answers of Chatbot GPT 4 are in themselves
sufficient to make it an order of the court, of course free from any bias or
prejudice.15 However, the answers remain sensitive to the fact that the
petitioner is a minor/child. I have also noted that chatGPT 4 has many a
time given a disclaimer that his information may not be correct or based
on true legal answer. It means many things have yet to be tested and
experimented by courts in this regard to see full potential of AI in future.
12. As I have simply tested the Chatbot GPT 4 on the above
mentioned facts and circumstances of this case to see how pre arrest bail
of a juvenile in above offence can be taken up by this program and whether
Chatbot GPT 4 has provided answers which are near to our settled law in
Pakistan on the point, therefore, to this extent the answers were not only
found impressive but also based on correct appreciation of the settled law
in Pakistan on such type of bail. Of course, every case has its own
circumstances and the order to grant or refuse bail may differ on case to
case basis but much reliance can be placed on artificial intelligence due to
the above related answers. The need of hour is that the statutory law along
with full case law or binding judgments of Hon’ble Superior Courts of

14
BARD has not yet opened up for Pakistani users. It is working only for USA and UK
territories. Hopefully, once it is made available online, its potential can also be tested viz a
viz the openAI chatbot GPT.
15
On judicial bias, see generally, Brian M. Barry, How Judges Judge: Empirical Insights
into Judicial Decision Making, New York, NY: Routledge, 2021.
 AM (a juvenile)… Vs…. State…
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Page No. 17

Pakistan need to be made available publicly and freely. This way, chatbots
will be able to read said data and then they can analyze the same for an
appropriate legal answer using algorithm for the purpose. Our courts need
to work on it with more speed than ever.
13. I hope that the above experiment by this court will help to
experiment more on linking the judicial system of Pakistan with its flight
towards new era for a smart judicial decision making process.
14. Earlier on, this court has also used Chatbot GPT 4 in a civil
matter and found the results interesting. This is merely mentioned as a
reference here.
15. At the cost of repetition, I am to mention that this court also
understands that the present jurisprudence on writing bail orders is to
guide us that such orders must be very brief so that the courts can give
more focus on trials and writing judgments in important cases like murder
or rape trials or deciding civil or criminal appeals. The case of Muhammad
Shakeel16, is a guiding and instructive citation on the point. However, the
length of the present orders has gone beyond ordinary limits of a bail order
only for the reasons of an experiment made by this court to show that how
Chatbot GPT 4 or like programs are relevant to the justice system. The
reader of this order will pardon the undersigned for its length for this
reason. I hope that the AI as a cutting edge technology will also provide
its solution to craft shortest orders, once put in operation as a project for
speedy and inexpensive justice for litigant public.
CONCLUSION:-

16. For the above reasons, the petition of AM (a juvenile) is

hereby allowed subject to his submission of fresh surety bonds of
Rs.50,000/- with one local surety in the like amount to the satisfaction of
learned Area/duty Magistrate within 7 days. Her mother as natural
guardian can submit this surety bond.
17. A copy of this order be sent to the Hon’ble Lahore High
Court as well as the Law and Justice Commission of Pakistan, through

16
Muhammad Shakeel v State, PLD 2014 SC 458.
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Page No. 18

proper channel, for kind perusal and to consider it as a law reform

proposal.
18. The file of this court be consigned to the record room after
necessary completion by Mr. Muhammad Awais Ahlmad.

Announced. Muhammad Amir Munir,

29.03.2023. Addl. District & Sessions Judge, Phalia.
SPECIAL COURT
*Sajjad Ali. [Under Anti-Rape (Investigation and Trial) Act 2021]

Certified that this judgment consists of 18 (eighteen) pages

which have been dictated, read, corrected and signed by me.

29.03.2023. Addl. District & Sessions Judge, Phalia.

SPECIAL COURT
[Under Anti-Rape (Investigation and Trial) Act 2021]
 AM (a juvenile)… Vs…. State…
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Page No. 19

Learned ADPP/Special Prosecutor, duly assisted by learned

counsel for the complainant, has vehemently contested this petition.
. Heard and record perused.
Vide my separate detailed order in English of even dated in
English language, the petition of AM (a juvenile) is hereby allowed subject
to his submission of fresh surety bonds of Rs.50,000/- with one local
surety in the like amount to the satisfaction of learned Area/duty
Magistrate within 7 days. Her mother as natural guardian can submit this
surety bond.
. A copy of this order be sent to the Hon’ble Lahore High
Court as well as the Law and Justice Commission of Pakistan, through
proper channel, for kind perusal and to consider it as a law reform
proposal.
. The file of this court be consigned to the record room after
necessary completion by Mr. Muhammad Awais Ahlmad.

Announced. Muhammad Amir Munir,

29.03.2023. Addl. District & Sessions Judge, Phalia.
SPECIAL COURT
*Sajjad Ali. [Under Anti-Rape (Investigation and Trial) Act 2021]