The Delhi High Court Bar Association has demanded withdrawal of the LG’s notification allowing police officers to testify from stations via video conferencing. Lawyers warn it endangers fair trial rights and judicial integrity.
New Delhi: The Delhi High Court Bar Association (DHCBA) has strongly opposed and demanded the withdrawal of the notification issued by the Lieutenant Governor (LG) of Delhi, which declares video conference rooms in police stations as “Designated Places” for recording the evidence of police personnel or officers through video conferencing.
In a resolution passed on August 22, 2025, the Association said that the notification must be rolled back because it goes against the basic principles of justice and the idea of a fair trial.
Lawyers argued that such a measure would seriously affect trial proceedings and also impact the outcome of cases. The resolution stated:
“The Executive Committee of the Delhi High Court Bar Association unanimously and strongly condemns the notification dated 13.08.2025, issued by the Lieutenant Governor of the National Capital Territory of Delhi, declaring the video conference rooms in police stations as ‘Designated Places’ for the purpose of recording the evidence of police personnel/officers through video conferencing.”
This comes at a time when lawyers across Delhi’s district courts are abstaining from work as part of their ongoing protest against the LG’s order.
They have made it clear that permitting police officers to depose virtually from police stations is not acceptable, as it could compromise transparency and fairness in trials.
The Bar Council of India (BCI) has also expressed its concern. In a letter written to the LG, the BCI warned that this move could undermine the rights of the accused and weaken the trial system. The BCI said that evidence of police officers must continue to be recorded in person before the court.
The LG’s decision is based on the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which allows witnesses to be examined through video conferencing but only at government-notified designated places.
In continuation of an earlier notification dated July 17, 2024, the LG issued the latest order on August 13, 2025, formally declaring all Delhi police stations as such designated centres.
This includes 179 territorial stations, and also special units such as Railways (8), Metro (16), Cyber (15), Crime (2), Special Cell (1), IGI Airport (2), Economic Offences Wing (1), Crimes Against Women (1), and Vigilance (1).
With this, police officers will now be able to give testimony directly from their stations via video conferencing instead of appearing in court physically.
The notification clearly stated:
“In exercise of the powers conferred by the second proviso to sub-section (3) of Section 265, read with the second proviso to sub-section (2) of Section 266 and Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), and S.O. 2506(E) dated 28 June 2024 issued by the Ministry of Home Affairs, Government of India, and further in continuation of this Government’s notification issued vide No. F.9/71/2024/Home(G)/2053-2071 dated 17 July 2024, the Lt. Governor, Delhi, hereby amends the Schedule appended to the aforesaid Notification”.
Under Section 265(3) of the BNSS, 2023, the law permits examination of witnesses through video conferencing, but only at a place officially notified by the State Government.
Section 308 of the same Act also requires that all evidence in a trial must be recorded in the presence of the accused, or if the accused’s presence has been excused, then in the presence of their lawyer. The LG’s notification clarified that the amendment came into force immediately.
The Supreme Court Bar Association (SCBA) too has taken a tough stand against the notification. Its President and Executive Committee issued a statement saying that the notification is “arbitrary, unlawful, and against the principles of natural justice”.
The SCBA further warned that such a move would
“not only undermine the sanctity of judicial proceedings but also compromise the fairness of the process.”
Bar leaders have openly said that the notification violates the standards of a fair trial. They have also warned of launching an indefinite protest if the government fails to withdraw the order.
Already, the strike has disrupted court functioning across the national capital. While urgent custody matters were still being heard, most regular trial hearings had to be postponed.
The Coordination Committee of All District Bar Associations of Delhi has backed the strike, highlighting that allowing police officers to depose virtually from their stations raises serious doubts about the credibility of trials.
Lawyers argue that this system could open the door for external prompting or influence while police officers are deposing.
The legal community has united in saying that such a notification damages the transparency and fairness of criminal trials. For now, the strike continues as the bar bodies press for immediate withdrawal of the LG’s order.
Read: Resolution DHCBA
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