In a significant step towards modernizing judicial processes, the Bombay High Court has introduced new video conferencing rules for court hearings in Maharashtra, Goa, and the Union Territories of Daman and Diu, and Dadra and Nagar Haveli. These rules, effective from December 29, are designed to streamline court proceedings across various courts and tribunals, including Family Courts, Labour Courts, Industrial Courts, Co-operative Courts, Motor Accident Claims Tribunals (MACTs), and School Tribunals.
The High Court of Bombay Rules for Video Conferencing for Courts 2022, published in the official gazette on December 19, establish that all virtual hearings will be considered official judicial proceedings. Participants, whether they are advocates, litigants, or witnesses, will be required to submit valid government-issued identification through email or provide personal details if such documents are unavailable. Unauthorized recording of hearings is strictly prohibited to ensure security and integrity during remote proceedings.
As part of these new guidelines, the court has made provisions for technical coordination to guarantee smooth and secure hearings. Designated coordinators will oversee the technical aspects both at the court and remote locations, ensuring that all systems are functioning properly. “Participants are required to use desktops or laptops with stable internet connections to ensure the seamless execution of virtual hearings,” the court emphasized.
Privacy remains a top priority in these hearings. The facilities for remote proceedings must ensure confidentiality and security. Before a hearing, coordinators will confirm that participants are ready at least 30 minutes in advance and will check for any unauthorized recording devices.
Additionally, the new rules allow for secure video conferencing in special circumstances. Witnesses located abroad or those in custody can testify remotely through video links arranged by local authorities or Indian consulates. In criminal matters, video conferencing will be allowed for judicial remand, framing of charges, examination of accused persons, and proceedings under Section 164 of the Criminal Procedure Code, with the necessary precautions in place to prevent coercion or undue influence.
The Court clarified that, “Judicial remand or police remand via video conference is prohibited except in exceptional circumstances, which must be recorded in writing.” Video conferencing will also be allowed for the examination of witnesses or accused under Section 164 or Section 313 of the Code of Criminal Procedure, provided the necessary safeguards are implemented.
Another noteworthy provision in the new rules is the financial aspect of video conferencing. The cost of remote hearings, including technical expenses, will typically be borne by the requesting party, unless directed otherwise by the court.
This update is expected to enhance efficiency, reduce delays, and offer greater access to justice, particularly for individuals and witnesses located in remote or inaccessible areas.
