Can lawyers face action for AI-generated fake citations? Here’s what BCI told parliament

The Bar Council of India (BCI) has stated that lawyers using AI-generated fake citations, fabricated quotations, or non-existent judgments cannot shift blame to technology. In response to a parliamentary query, the BCI affirmed that advocates remain professionally liable for all pleadings and submissions filed in court, regardless of AI assistance. The Council permitted AI use for legal research, drafting, summarization, and document management but stressed that lawyers must independently verify all AI-generated content. It warned that AI tools lack legal status, rights of audience, or disciplinary accountability, meaning advocates bear full responsibility for misconduct. The BCI’s stance follows Supreme Court concerns over AI-generated petitions containing fake citations and fabricated quotations. Chief Justice Surya Kant’s Bench highlighted declining drafting standards and excessive reliance on AI tools, while the Court ruled in *Gummadi Usha Rani v Sure Mallikarjuna Rao* that decisions based on AI-generated non-existent judgments could constitute misconduct. The Council also cautioned lawyers about confidentiality risks from indiscriminate AI platform use, noting that professional duties toward clients remain unchanged. AI may assist in preliminary research or drafting but cannot replace a lawyer’s ethical obligations or accountability to courts and clients.