Rules For Video Conferencing For Courts 2020: HC

inbatv Articles, India, Legal Reforms

The Delhi HC has published rules on June 01, 2020 to unify, streamline and consolidate rules for video conferencing for courts in the territory. The court exercised powers conferred under Article 225 and 227 of the Indian Constitution.

The newly introduced or important extracts from the Rules are as follows-

Rule 2- Important Definitions

  • “Court” includes the physical or virtual courts or any tribunal.
  • “Court Point” is the courtroom or any other place where Court is physically present, or place where a Commissioner or inquiry officer hold proceedings as directed by court.
  • “Remote Pont” is the place from where any person/s are required to appear in court through video link.
  • “Required Person” means
  • Person who is to be examined, or;
  • Person in whose presence certain proceedings are to be recorded or conducted, or;
  • An Advocate or party who examines a witness, or;
  • Any person requiring to make submissions in court, or;
  • Any person required to appear before court in video proceedings.

Rule 3- General Principles

  • All courtesies and protocols followed in physical courts shall apply to virtual courts.
  • The relevant statutory provisions of CPC, Crpc, Contempt of Court Act, 1971, Evidence Act, 1872 and IT Act,2000 shall be applicable.
  • The rules applicable to court mutatis mutandis apply on Commissioners appointed by courts for recording of evidence and to an inquiry officer for inquiries.
  • Any advocate, person called by court or person to be examined by court are required to provide identity proofs to court point coordinator via email.

Rule 5- Preparatory Arrangements

  • Coordinators at both Court Point and Remote Point where any required person is to be examined or heard. However, Coordinator at remote point will only be required when any witness or accused is examined or heard.
  • The coordinator appointed for remote point can be found under Rule 5.3 Table.
  • Where video conferencing not possible at Remote point, the District Judge will appoint coordinator to provide video conferencing facilities in near and suitable court premises.

Rule 6- Application for Appearance, Evidence and Submission by Video Conferencing

  • Prior request for video proceedings in accordance to Schedule II of rules.
  • Consent of both parties required.

Rule 7- Summons

  • Date, time and venue of Remote point to be mentioned.
  • Service of summons and consequences for non-attendance according to CPC and Crpc shall apply.

Rule 8- Examination of Persons

  • Duly recognized identity proof required or affidavit attested by authorities in section 139 CPC or section 297 Crpc.
  • Oath will be administered by Coordinator at the court point.
  • Recording of examination, accused in trial, statement or testimony to be done.
  • Signature of person being examined to be obtained by court and form part of judicial proceedings.
  • Required person not capable of reaching Court point or Remote point cannot secure undue delay or expense (exception provided under Rule 8.15)

Besides the above-mentioned extracts, the rules cover other aspects for conducting seamless virtual proceedings (Click Here for Rules). The new initiative in the pandemic conditions is appreciated and comprehensive to avoid any coercion, frauds etc while conduct of the virtual proceedings. Before Covid-19, such rules and virtual courts was a farfetched thought especially in India due to resistance from legal fraternity itself.

By-

Tanishka Grover

Student Chair, Reporters’ Committee,

INBA Student Section