The Delhi High Court has notified new rules governing video-conference hearings..The rules, titled 'High Court of Delhi Rules for Video Conferencing of Courts 2021' (Rules) was published in the official gazette on Tuesday and will apply to such courts or proceedings or classes of courts or proceedings as the High Court notifies.The Rules state that the concerned court will endeavor to make available sufficient links to the public for accessing the court proceedings.The Rules also provide that to observe the requirement of an open court, members of the public will be allowed to view the hearings except in-camera proceedings. However, any unauthorised recording of the proceedings is barred.It also said that all the protocols applicable in physical court will apply to virtual proceedings and all the statutory provisions like Contempt of Court Act 1971, CPC, CrPC, Indian Evidence Act 1872 and IT Act 2000 will apply to these proceedings..The court has explained facilities recommended for virtual hearing and preparatory arrangements while also detailing the principles for appearance of witnesses, examination of evidence, issuance of summons as well as cost of video conferencing.There shall be a coordinator both at the Court Point and at the Remote Point from which any required person is to be examined or heard. However, coordinator may be required at the Remote Point only when a witness or a person accused of an offence is to be examined.Below are the important aspects of the Rules:.Facilities recommendedDesktop, laptop or mobile device with internet connectivity and uninterrupted power supply, functioning camera, microphone and speakers located at a quiet place with adequate lighting as well as provision of firewall and proper seating arrangement..Preparatory ArrangementA coordinator will be present at Court Point and at Remote Point from where a person is to be examined or heard. The coordinator at remote points will be stationed only if there is a witness or accused to be examined.“In the civil and criminal Courts falling within the purview of the district judiciary, persons nominated by the High Court or the concerned District Judge, shall perform the functions of Coordinators at the Court Point as well as the Remote Point," the Rules said..The court has also designated officials to be coordinators at Remote Point if the witness or accused to be examined is located in foreign locations, Nari Niketans, correction homes, jails, hospitals etc.The rules also make the presence of a translator mandatory if the person to be examined is not conversant in the official language of the court. An expert in sign language should be present if the person is impaired in speech and an interpreter or special educator will be mandatory if the person is differently abled..Appearance and evidence submission and examination of personsAny counsel can make requests for virtual hearing after discussing with the other party. In case of oral submissions, the court can ask for written submissions as well. The summons issued to people should have the date and time at which appearance is required. The rules further state that an audio-visual copy of the person’s statement will be kept for record..Remand, framing of charge and proceedings under section 164 CrPCAs per the Rules, the court will have discretion to authorize detention of accused and to frame charges through video conferencing."However, ordinarily judicial remand in the first instance or police remand shall not be granted through video conferencing save and except in exceptional circumstances for reasons to be recorded in writing. The Court may, in exceptional circumstances, for reasons to be recorded in writing, examine a witness or an accused under Section 164 of the CrPC or record the statement of the accused under Section 313 CrPC through video conferencing, while observing all due precautions to ensure that the witness or the accused as the case may be is free of any form of coercion, threat or undue influence. The Court shall ensure compliance with Section 26 of the Evidence Act.”.The Rules further explain the guidelines for conduct of these proceedings, access to legal aid as well as several other things related to virtual hearings.[Read Rules]
The Delhi High Court has notified new rules governing video-conference hearings..The rules, titled 'High Court of Delhi Rules for Video Conferencing of Courts 2021' (Rules) was published in the official gazette on Tuesday and will apply to such courts or proceedings or classes of courts or proceedings as the High Court notifies.The Rules state that the concerned court will endeavor to make available sufficient links to the public for accessing the court proceedings.The Rules also provide that to observe the requirement of an open court, members of the public will be allowed to view the hearings except in-camera proceedings. However, any unauthorised recording of the proceedings is barred.It also said that all the protocols applicable in physical court will apply to virtual proceedings and all the statutory provisions like Contempt of Court Act 1971, CPC, CrPC, Indian Evidence Act 1872 and IT Act 2000 will apply to these proceedings..The court has explained facilities recommended for virtual hearing and preparatory arrangements while also detailing the principles for appearance of witnesses, examination of evidence, issuance of summons as well as cost of video conferencing.There shall be a coordinator both at the Court Point and at the Remote Point from which any required person is to be examined or heard. However, coordinator may be required at the Remote Point only when a witness or a person accused of an offence is to be examined.Below are the important aspects of the Rules:.Facilities recommendedDesktop, laptop or mobile device with internet connectivity and uninterrupted power supply, functioning camera, microphone and speakers located at a quiet place with adequate lighting as well as provision of firewall and proper seating arrangement..Preparatory ArrangementA coordinator will be present at Court Point and at Remote Point from where a person is to be examined or heard. The coordinator at remote points will be stationed only if there is a witness or accused to be examined.“In the civil and criminal Courts falling within the purview of the district judiciary, persons nominated by the High Court or the concerned District Judge, shall perform the functions of Coordinators at the Court Point as well as the Remote Point," the Rules said..The court has also designated officials to be coordinators at Remote Point if the witness or accused to be examined is located in foreign locations, Nari Niketans, correction homes, jails, hospitals etc.The rules also make the presence of a translator mandatory if the person to be examined is not conversant in the official language of the court. An expert in sign language should be present if the person is impaired in speech and an interpreter or special educator will be mandatory if the person is differently abled..Appearance and evidence submission and examination of personsAny counsel can make requests for virtual hearing after discussing with the other party. In case of oral submissions, the court can ask for written submissions as well. The summons issued to people should have the date and time at which appearance is required. The rules further state that an audio-visual copy of the person’s statement will be kept for record..Remand, framing of charge and proceedings under section 164 CrPCAs per the Rules, the court will have discretion to authorize detention of accused and to frame charges through video conferencing."However, ordinarily judicial remand in the first instance or police remand shall not be granted through video conferencing save and except in exceptional circumstances for reasons to be recorded in writing. The Court may, in exceptional circumstances, for reasons to be recorded in writing, examine a witness or an accused under Section 164 of the CrPC or record the statement of the accused under Section 313 CrPC through video conferencing, while observing all due precautions to ensure that the witness or the accused as the case may be is free of any form of coercion, threat or undue influence. The Court shall ensure compliance with Section 26 of the Evidence Act.”.The Rules further explain the guidelines for conduct of these proceedings, access to legal aid as well as several other things related to virtual hearings.[Read Rules]
