Bombay HC Notifies Rules for Video Conferencing in Courts

Moneylife Digital Team 19 January 2023

The Bombay High Court (HC) has published in the Maharashtra state gazette rules for video conferencing for courts. The rules provide general principles governing video conferencing, recommend facilities, service of summons, examination of persons, cost of video conferencing, the conduct of proceedings and outline procedure for video conferencing for courts in the state.

According to the rules notified in November last year, any party to the proceeding or witness, save and except where proceedings are initiated at the instance of the Court, may move a request for video conferencing. A party or witness seeking a video conferencing proceeding needs to submit a form prescribed in Schedule II.

Here are general principles governing video conferencing

i. Video conferencing facilities may be used at all stages of judicial proceedings conducted by the Court.

ii. All proceedings conducted by a Court by way of video conferencing shall be judicial proceedings and all the courtesies and protocols applicable to a physical Court shall apply to these virtual proceedings. The protocol provided in Schedule I shall be adhered to for proceedings conducted by way of video conferencing.

iii. All relevant statutory provisions applicable to judicial proceedings including provisions of the Code of Civil Procedure (CPC), Code of Criminal Procedure (CrPC), Contempt of Courts Act, Indian Evidence Act, Information Technology Act and relevant state acts and rules and amendments shall apply to proceedings conducted by video conferencing.

iv. Subject to maintaining independence, impartiality and credibility of judicial proceedings, and subject to such directions as the HC may issue, Courts may adopt such technological advances as may become available from time to time.

v. The Rules as applicable to a Court shall mutatis mutandis apply to a Commissioner appointed by the Court to record evidence and to an inquiry officer conducting an inquiry.

vi. There shall be no unauthorised recording of the proceedings by any person or entity.

vii. The person defined in Rule 2(xii) shall provide identity proof as recognised by the government of India, Union territory (UT) to the court point coordinator via personal email. In case of identity proof is not readily available, the person concerned shall furnish the following personal details such as name, parentage, telephone number, permanent address and temporary address if any.

Here is the gazette notification issued by the HC...

Bombay High Court Issues Rules for Video Conferencing for Courts by Moneylife Foundation on Scribd