Delhi Police has told district judges that only formal witnesses may be examined virtually, while material witnesses will continue in physical mode. The letter follows the LG’s notification on evidence dissemination that sparked lawyers’ protests.
New Delhi: On September 4, the office of the Delhi Police Commissionerate wrote a letter to the principal district and sessions judges regarding the use of virtual mode for presenting police evidence and examining witnesses in courts.
The issue arose after the Lieutenant Governor issued a notification on August 13, allowing police to present evidence virtually in courts. This decision led to protests from city lawyers, who went on strike from August 22.
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The strike ended on August 28 after a meeting with representatives of Union Home Minister Amit Shah and a clarification issued by the Delhi Police Commissioner. The commissioner had assured that the notification would only come into effect after all stakeholders were properly heard.
In its letter issued on Thursday, the Delhi Police made it clear that only certain categories of witnesses would be allowed to testify virtually.
The letter stated,
“Only formal police witnesses may be permitted to be examined through video-conferencing. The examination of material police witnesses may continue ta be conducted in physical mode, pending further consultations among various stakeholders.”
The police explained that this arrangement was being introduced with the aim of speeding up court proceedings and reducing unnecessary delays, while also ensuring that the examination of important witnesses remained effective and reliable.
The letter further added,
“Further in the event of any request from the defence counsel for examination of a police witness, in physical mode, the same may be considered by the learned presiding judge on merits.”
The communication, signed by Special Commissioner of Police (Crime) Devesh Chandra Srivastva, highlighted that this step was meant to bring balance to the new system of virtual hearings. He wrote that the arrangement would help in achieving smoother proceedings.
The letter said it would facilitate a “smooth and balanced” implementation of the new progressive rules under the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allow virtual examination of witnesses.
The letter was also forwarded to different bar associations and to the registrar of the Delhi High Court. It cited the relevant laws and notifications which allow the use of electronic communication in legal proceedings.
Background
The controversy began after the Lieutenant Governor of Delhi issued a notification on August 13, 2025, allowing police to present evidence in courts through virtual mode. This move was seen as a major shift under the newly introduced Bharatiya Nagarik Suraksha Sanhita (BNSS), which promotes the use of technology in criminal trials
However, the notification triggered strong opposition from the legal community in the city. Lawyers argued that virtual examination of witnesses, especially police witnesses, could compromise transparency and fairness in trials. As a result, they went on strike starting August 22, halting work in several courts across Delhi.
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The deadlock ended on August 28 after a meeting between the lawyers’ representatives and officials from the Union Home Ministry. Following this, the Delhi Police Commissioner issued a clarification that the notification would only be implemented after consultations with all stakeholders.
The latest letter from the Delhi Police Commissionerate seeks to strike a balance by allowing only “formal police witnesses” to testify virtually, while ensuring that “material witnesses” continue to be examined in person. This arrangement is being positioned as a middle ground to maintain both efficiency and fairness in the judicial process.
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