The Bombay High Court’s new Video Conferencing Rules 2022, effective December 29, aim to modernize judicial processes across Maharashtra, Goa, and Union Territories. Applicable to various courts and tribunals, these rules treat video hearings as official proceedings, requiring identity verification and prohibiting unauthorized recordings. Technical coordinators will oversee smooth operations, ensuring privacy and readiness. Provisions allow remote testimonies by witnesses abroad or in custody, while judicial remand or police remand via video is limited to exceptional cases with safeguards against coercion. Costs of video hearings will typically be borne by the requesting party unless directed otherwise.
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MUMBAI: The Bombay High Court introduced new rules for conducting video conferencing for court hearings in Maharashtra, Goa, and the Union Territories of Daman and Diu, as well as Dadra and Nagar Haveli.
These changes will come into effect from December 29 as per a notification published in the gazette on December 19.
The rules, called the High Court of Bombay Rules for Video Conferencing for Courts 2022, aim to bring efficiency and modernization to the judicial system. These rules will apply to various courts and tribunals, such as:
- Family Courts
- Labour Courts
- Industrial Courts
- Co-operative Courts
- Motor Accident Claims Tribunals
- School Tribunals
Key Provisions of the New Rules
Official Recognition of Video Proceedings
Under the new rules, all video conference hearings will be treated as official judicial proceedings.
Participants must provide valid government-issued identity proof through email or share personal details if such documents are unavailable.
Security and Prohibition of Unauthorized Recording
To maintain security during remote hearings, unauthorized recording of proceedings is strictly prohibited.
Technical Coordination for Smooth Operations
Designated technical coordinators will handle all technical aspects of video conferencing.
This includes ensuring that systems are functional and participants are ready at least 30 minutes before the hearing.
Participants are required to use devices like desktops or laptops with a stable internet connection for a seamless experience.
Privacy and Confidentiality
The rules mandate that all video conferencing facilities must ensure privacy for participants.
Coordinators will also check for unauthorized recording devices to uphold confidentiality during hearings.
Special Provisions for Witnesses and Accused
Testimonies from Abroad or Custody
Witnesses located abroad or those in custody can testify through secure video links.
These arrangements will be facilitated by local authorities or Indian consulates.
Requesting a Video Conference Hearing
Parties wishing to participate in a video conference hearing must submit a request in a specific format, ideally after discussing it with other involved parties.
Relevant documents must be shared electronically in advance to allow adequate preparation.
Conducting Judicial Processes Remotely
Judicial remand, framing of charges, and examination of accused individuals can now be conducted via video conference. However:
- Judicial or police remand through video conference is permitted only in exceptional cases, which must be recorded in writing.
- Statements under Section 164 and Section 313 of the Code of Criminal Procedure can be recorded remotely, but only after ensuring that the witness or accused is free from any coercion, threats, or undue influence.
The cost of video conferencing, including technical expenses, will generally be borne by the requesting party, unless otherwise directed by the court.
Click Here to Read Previous Reports on Virtual Court Hearings
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