Kiran Raj

The Bombay High Court has formalized the adoption of video conferencing as a core judicial process through the "High Court of Bombay Rules for Video Conferencing for Courts, 2022." The rules, notified on December 19, 2024, and effective from December 29, 2024, aim to integrate technology into judicial procedures across Maharashtra, Goa, and the Union Territories of Daman and Diu and Dadra and Nagar Haveli. These regulations are set to modernize court proceedings and ensure procedural flexibility and accessibility.

The rules will extend to:

• The High Court of Bombay and its benches.
• Subordinate courts including Family Courts, Labour Courts, Industrial Courts, Co-operative Courts, Motor Accident Claims Tribunals, and School Tribunals.

The framework also applies to judicial and quasi-judicial bodies functioning under the High Court's jurisdiction, ensuring uniformity in video conferencing standards across various legal forums.

Under the 2022 rules, all video conferencing proceedings will hold the same legal sanctity as in-person court hearings. The rules mandate strict adherence to identity verification protocols, requiring participants to submit valid government-issued identity proof via email. In cases where such documents are unavailable, detailed personal information must be provided.

Unauthorized recording of proceedings is explicitly prohibited, with stringent measures to safeguard the integrity and confidentiality of remote hearings. Participants are also required to adhere to prescribed etiquette and procedural standards during video conferencing sessions.

The rules establish detailed technical guidelines for conducting video conferencing hearings:

• Participants must use desktops or laptops equipped with stable internet connections.
• Remote locations must ensure privacy, uninterrupted power supply, and adequate lighting.
• Technical facilitators, designated as coordinators, will oversee the setup at both court and remote points, ensuring functionality and preparedness 30 minutes prior to the scheduled hearing.
• Document sharing and visualizing tools, microphones, and display screens are recommended to facilitate effective communication during proceedings.

The coordinators are tasked with ensuring that no unauthorized recording devices are present at the hearing location and that the video conferencing platform complies with specified technical and security standards.

The rules authorize a wide range of judicial and procedural actions via video conferencing, including:

• Judicial remand, framing of charges, and examination of witnesses.
• Recording statements under Section 164 and Section 313 of the Code of Criminal Procedure (CrPC).
• Cross-examination and testimony of witnesses, including those located abroad or in custody, through secure video links facilitated by Indian consulates or local authorities.

Judicial remand or police remand, however, may only be granted via video conferencing under exceptional circumstances, with reasons documented in writing.

Parties intending to participate in video conferencing must file a formal application in a prescribed format. Such applications must ideally be submitted after consulting all parties involved to prevent procedural conflicts. Courts will evaluate the requests on a case-to-case basis and schedule hearings accordingly.

Relevant documents required for the hearing must be shared electronically in advance to ensure proper preparation and efficiency in proceedings. The cost of video conferencing, including technical arrangements, will typically be borne by the party requesting the hearing unless otherwise directed by the court.

To safeguard the integrity of remote testimonies, the rules include stringent protections for witnesses and accused individuals. Courts must ensure that individuals providing statements via video conferencing are not subjected to coercion, threat, or undue influence. The environment at the remote location must maintain the dignity and security of participants.

Under the new rules, provisions have been introduced to allow witnesses, whether abroad or in custody, to testify through secure video links, coordinated by local authorities or Indian consulates.

The Registrar General of the Bombay High Court, in its notification, stated that the rules were formulated under the powers vested in the High Court by Articles 225 and 227 of the Constitution of India.

The High Court has designated technical coordinators at each level to ensure compliance with the guidelines and the effective functioning of video conferencing systems.

[Read/Download Gazette Notification]