Bombay HC’s rules for video conference hearings go live today

The directive will apply to courts and tribunals across Maharashtra, Goa, Daman and Diu, and Dadra and Nagar Haveli

Today, the Bombay High Court's landmark directive to keep audio-video recording of all testimonies - as well as have witnesses digitally sign the transcript of their accounts - comes into effect at all courtrooms and tribunals across Maharashtra and Goa, as well as Daman and Diu, and Dadra and Nagar Haveli.

This will prevent any tampering or denial of submissions made by witnesses during later stages of trial. This move is a step towards improving judicial efficiency and transparency and in line with international norms, say legal experts.

The new directives will be enforced across family, labour, industrial Courts and co-operative courts, as well as co-operative appellate courts and tribunals for schools and motor accident claims. It will apply to all witnesses, whether based in India or abroad.

Adv Jamshed Mistry and Adv Floyd Gracias

Using the powers vested in the HC under Articles 225 and 227 of the Constitution of India, the Chief Justice and HC judges drafted the rules divided into five chapters (Preliminary, General Principles, Procedure for Video Conferencing, General Procedure and Miscellaneous) with 17 set of rules, provisions and a schedule. The notification was circulated recently under the seal of the Registrar General of the Bombay HC to all courts and tribunals under its jurisdiction.

"The High Court of Bombay Rules for Video Conferencing for Courts, 2022, which takes effect on December 29, is a major step towards improving judicial efficiency and transparency," Advocate Mohini Priya, Advocate on Record at the Supreme Court, told mid-day.

"The decision to combine digitally signed transcripts with audio-video recordings of witness testimony is a progressive reform that is consistent with the guidelines established by the Supreme Court in the Swapnil Tripathi v Supreme Court of India case," she added, referencing a 2018 order in which the top court had allowed the live-streaming of court proceedings, as well as judicial transcription.

"I am delighted that this facility has been extended to tribunals as well in the state. We hope that this will propel the introduction of transcripts at the final hearing of cases to begin with for all courts. These rules have finally brought the recording of evidence in line with international norms followed by courts in other countries," said Advocate Jamshed Mistry, who is also Amicus Curiae (friend of court) in many high-profile public interest cases before the HC.

To boost credibility

Not only is this a major advancement as far as incorporation of technology in legal procedure, it will also guarantee the efficient and unchangeable preservation of court records, allowing the courts to easily handle massive amounts of documentation. The recordings and transcripts will be made available to parties to the proceedings, whether the witness is in a remote location or even overseas, thus eliminating any possibility of tampering with the testimony. This strengthens the credibility of the legal system and increases public trust in its impartiality and fairness, pointed out Advocate Priya.

Allowing recording of testimony remotely also gives relief to vulnerable witnesses, including assault survivors or those who live in rural areas, removing the pressure of in-person court appearances, she explained. "This is a win-win move for advocates, litigants and witnesses, thereby benefiting the entire legal system at large and making litigation more accessible to all," said Advocate Floyd Gracias, counsel at the SC, labelling the initiative as "judicial activism with an intent to bring in transparency in the legal process".

Challenges ahead

While the directive has many positive aspects, there are certain difficulties in putting it into practice. To fulfil the increased technical needs, courts and tribunals will need strong infrastructure, such as dependable audio-video systems, as well as digital storage space for all the recordings and transcripts. "It is equally important to train court employees and judicial officers to use these technologies effectively in order to prevent mistakes or delays in the process. Furthermore, protecting the confidentiality and integrity of transcripts and testimonies from cyber threats and unauthorised access is crucial," pointed out Advocate Mohini.

Highlights

1. Witnesses across the globe and in other parts of the country can easily be examined through video conferencing.

2. The concept of Remote Point (Centres where witnesses can be examined) clearly eliminates technical issues or the unavailability of technology to the common man.

3. Evidence can be freely and fairly recorded and witnesses examined and cross-examined easily without having to enforce physical attendance in courts.

4. The recording of the Audio Video Conference will enable electronic evidence within the meaning of Secs. 61 and 63 of the Bharatiya Sakshya Adhiniyam (BSA). This will ensure that a recording shall eliminate all traces of doubt as to forced confessions, coercion or inducement in obtaining and recording evidence and will make it difficult for the witnesses to retract their statements subsequently.

5. Further, the Audio Video recording will ensure that transcripts made are accurate and in case of doubt, the recording can be called for and the transcript verified. Therefore, the chances of typographical error and human error are almost absolutely eliminated.

6. The provision for digital signatures will allow for the evidence to be immediately confirmed and affirmed. And any trace of arguing upon the bona fides of the evidence is largely infructuous.

- As told by Adv. Floyd Gracias