Bombay High Court Notifies New Video Conferencing Rules for Virtual Court Hearings

Sahyaja MS (Bar and Bench) 31 December 2024

Economy & Nation

The Bombay High Court will implement new video conferencing rules for court hearings in Maharashtra, Goa and the Union Territories of Daman and Diu and Dadra and Nagar Haveli starting December 29.

A notification to that effect was published in the gazette on December 19.

The new rules titled High Court of Bombay Rules for Video Conferencing for Courts 2022 are aimed at modernizing judicial processes and will apply to various courts and tribunals including Family Courts, Labour Courts, Industrial Courts, Co-operative Courts, Motor Accident Claims Tribunals and School Tribunals.

Under these rules, all video conference hearings will be considered official judicial proceedings. Participants will be required to submit valid government-issued identity proof via email or provide personal details if they do not have such documents readily available. Unauthorized recording of proceedings will be strictly prohibited to maintain security during remote hearings.

To ensure smooth technical operations, designated coordinators will be responsible for overseeing the technical aspects at both the court and remote locations. Participants are required to use desktops or laptops with stable internet connections.

Further, the rules mandate that facilities for remote hearings must ensure privacy.

Coordinators will also ensure that all technical systems are functioning properly before hearings begin. They are responsible for confirming that participants are ready at least 30 minutes before the scheduled hearing and ensuring that no unauthorized recording devices are present during the proceedings.

The new rules also make provisions for witnesses located abroad or in custody, allowing them to testify via secure video links facilitated by local authorities or Indian consulates.

To participate in a video conferencing hearing, parties must submit a request in a prescribed format, ideally after discussing it with other parties involved. The court will then assess the request and schedule the hearing as needed. All relevant documents must be shared electronically in advance to ensure adequate preparation.

Additionally, the rules allow judicial remand procedures, framing of charges, examination of accused individuals, and proceedings under Section 164 of the Code of Criminal Procedure to be conducted via video conference.

However, judicial remand or police remand cannot be granted through video conference except in exceptional circumstances, which must be recorded in writing.

In exceptional cases, the court may examine a witness or an accused under Section 164 of the Code of Criminal Procedure or record the statement of an accused under Section 313 of the Code of Criminal Procedure through video conference.

This will only be allowed if proper precautions are taken to ensure the witness or accused is not subjected to coercion, threat or undue influence.

Additionally, the cost of video conferencing including technical expenses incurred by the parties requesting remote hearings, will generally be borne by the requesting party unless the court directs otherwise.

Courtesy: Bar & Bench

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