Gazette Tracker
Gazette Tracker

Core Purpose

This notification introduces "The Electronic Evidence and Video Conferencing Rules, 2025" to consolidate, unify, and streamline procedures relating to electronic evidence and video conferencing for Courts within the National Capital Territory of Delhi.

Detailed Summary

The High Court of Delhi, with the prior approval of the Lt. Governor of the National Capital Territory of Delhi, has promulgated "The Electronic Evidence and Video Conferencing Rules, 2025" on July 4, 2025, to come into force from the date of their publication in the Official Gazette. These rules, made under Articles 225 and 227 of the Constitution of India and Section 7 of the Delhi High Court Act, 1966, consolidate and streamline the use of electronic evidence and audio-video electronic means for conducting trials, inquiries, and proceedings. They apply to the High Court, all District Courts, and tribunals under the Delhi High Court's jurisdiction, encompassing all judicial, departmental, and mediation proceedings in pending cases. The rules recognize the use of electronic modes under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) (BNSS), Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) (BSA), Code of Civil Procedure, 1908 (5 of 1908), The Commercial Courts Act, 2015 (4 of 2016), and the Information Technology Act, 2000 (21 of 2000). Specific BNSS sections (54, 63, 64, 70, 71, 94, 154, 183, 187, 193, 209, 227, 230, 231, 251, 254, 262, 265, 266, 308, 310, 316, 336, 355, 356, 392, and 530) are cited as recognizing audio-video electronic means for various proceedings, including examination of complainants/witnesses, recording evidence, appearance of accused, framing of charges, and judgment pronouncement. The rules mandate the use of High Court/government-approved, secure video conferencing platforms with end-to-end encryption, hosted on India-based data centers with disaster recovery sites, and capable of multi-point connectivity for up to 500 users. They detail procedures for identification, preparatory arrangements, service of processes, examination of persons, exhibiting documents, remand under BNSS Section 187, plea bargaining under BNSS Chapter XXIII, and cost apportionment. Coordinators are to be appointed at both Court Points and designated Remote Points, with specific officials designated for various remote locations (e.g., Indian Consulates overseas, Jail Superintendents, Medical Superintendents of hospitals). The rules also mandate open court proceedings for public viewing via open or sufficient links, except for in-camera proceedings. These rules repeal "The High Court of Delhi Rules for Video Conferencing for Courts, 2021," with saving provisions for actions commenced before the new rules and existing notifications not repugnant to them.

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-09072025-264484 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 25] DELHI, MONDAY, JULY 7, 2025/ASHADHA 16, 1947 [N. C. T. D. No. 118 PART II-I GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI NOTIFICATION Delhi, the 4th July, 2025 Electronic Evidence and Video Conferencing Rules, 2025 Preface DELHI GAZETTE: EXTRAORDINARY [PART II-I DELHI GAZETTE: EXTRAORDINARY 15 No. 36/Rules/DHC.— WHEREAS, it is expedient to consolidate, unify and streamline the procedure relating to electronic evidence and video conferencing for Courts. WHEREAS, it is expedient to formalise and enable use of electronic communication and other audio-video electronic means for the purpose of conducting trial, inquiry and proceedings under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023). WHEREAS, the BNSS under section 54, 63, 64, 70, 71, 94, 154, 183, 187, 193, 209, 227, 230, 231, 251, 254, 262, 265, 266, 308, 310, 316, 336, 355, 356, 392, and 530 recognizes use of audio-video electronic means and other forms of electronic communication for different proceedings. WHEREAS, Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides that all trials, inquires and proceedings under this Sanhita, including examination of complainant and witnesses, recording of evidence in inquiries and trials and all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. WHEREAS, under the Code of Civil Procedure, 1908 (5 of 1908), The Commercial Courts Act, 2015 (4 of 2016) read with the Information Technology Act, 2000 21 of 2000) and Delhi High Court (Original Side) Rules, 2018, recording of evidence through electronic means and conduct of proceedings through video conferencing is fully recognized in all civil proceedings, commercial cases before the Delhi High Court and the District Courts. WHEREAS, Courts in Delhi have been using video conferencing as a mode of conducting inquiries and trials in civil as well as criminal proceedings under the extant Video-Conferencing Rules dated 26.10.2021 notified in the Gazette on 26.10.2021. 16 DELHI GAZETTE: EXTRAORDINARY PART II-I In exercise of the powers conferred by Articles 225 and 227 of the Constitution of India, Section 7 of the Delhi High Court Act, 1966, and all other enabling sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the High Court of Delhi, with the prior approval of the Lt. Governor of the National Capital Territory of Delhi, makes the following Rules:- CHAPTER I PRELIMINARY 1. Short title, Application and Commencement. - (1) These Rules shall be called "The Electronic Evidence and Video Conferencing Rules, 2025". (2) They shall apply to the High Court, all District Courts and tribunals over which the High Court of Delhi has jurisdiction and to all judicial, departmental and mediation proceedings in pending cases. (3) They shall come into force from the date of their publication in the Official Gazette. 2. Definitions.- (1) In these Rules, unless the context otherwise requires, (a) "Advocate" means and includes an advocate entered in any roll maintained under the provisions of the Advocates Act, 1961 and shall for the purpose of these rules include prosecuting officers and government pleaders; (b) "Advocate's remote point" means a place from where an advocate or advocates may appear through a live link and shall include advocate's chamber or office or a place notified by the Bar for video conferencing; (c) "Commissioner" means a person appointed as commissioner under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) or the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force; (d) "Coordinator" means a person nominated as coordinator under Rule 5; (e) "Court" includes a physical court and a virtual court or a tribunal; (f) "Court point" means the courtroom or the place where the court is physically convened; or the place where commissioner or an inquiry officer holds proceedings pursuant to the directions of the Court; (g) "Court room" means the place or room or confined space in which court proceedings are held; (h) "Designated Place" means any one or more places specified where the facilities are made available for use of electronic communication or use of audio-video electronic means with court points and shall include Vulnerable Witness Deposition Centre from where evidence of such witnesses may be recorded; (i) "Designated Video Conferencing Software" means a software approved by the High Court of Delhi/concerned department for use of video conferencing or other audio-video electronic communication; (j) "High Court" means the High Court of Delhi; (k) "Live link" means and includes a live link for audio-video electronic communication or other arrangements whereby a witness, an accused, party, advocate or any other person is required by Court to remain present virtually in the court room by use of electronic communication or use of audio-video electronic means. (l) "Remote Point" means a place where any person is required to be present or appear through a live link and includes designated place from where submissions may be made before the Court but does not include Advocate's remote point. (m) "Remote User" means a user participating in court proceedings through video conferencing at a designated place or advocate's remote point. (n) "Required Person" includes: (i) a person who is to be examined as a witness, complainant or otherwise; or (ii) a person in whose presence certain proceedings are to be recorded or conducted including an accused; or (iii) an advocate or a party in person; or (iv) any person including victim who is required to make submissions before the Court; or [PART II-I DELHI GAZETTE: EXTRAORDINARY 17 (v) any other person who is permitted by the Court to appear through video conferencing or other modes of audio visual electronic communication; (o) "Rules" shall mean these rules and any reference to a rule or sub-rule shall be a reference to a rule or sub-rule of these rules; (2) The words and phrases used but not defined herein shall bear the same meaning as assigned to them in the Delhi High Court Rules; Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); Bharatiya Sakshya Adhiniyam, 2023 (BSA); Code of Civil Procedure, 1908 (CPC), The Commercial Courts Act, 2015 (CCA, 2015), Information Technology Act, 2000 (IT Act) and the General Clauses Act, 1897. 3. Construction of references.- (1) Unless the context otherwise requires, any reference to Bharatiya Nagarik Suraksha Sanhita, 2023 in these Rules shall include reference to Code of Criminal Procedure, 1973 under the corresponding provisions. Chapter II General Principles-I Implementation of Video Conferencing under BNSS Provisions: 4.1. Electronic Hearings (BNSS Section 530) All trials, inquiries, and proceedings may be conducted by use of electronic communication or use of audio- video electronic means, including: ➢ Examination of complainants and witnesses ➢ Collection and preservation of evidence ➢ Recording of evidence ➢ Appellate and other judicial proceedings 4.2. Appearance via Video Conferencing (BNSS Sections 154, 355) Persons required to appear before the court may do so via video conferencing, including cases where the accused is absent. 4.3. Accused in Judicial Custody (BNSS Section 187) Accused persons may be presented before the court via video conferencing, except for the first appearance, which requires physical presence. 4.4. Framing of Charges (BNSS Section 251) Charges may be read and explained to the accused through video conferencing, with their plea recorded electronically. 4.5. Evidence of Witnesses (BNSS Sections 254, 265, 266, 310, 356) Witness testimonies and depositions may be recorded via audio-video means in designated locations. 4.6. Deposition of evidence of any police officer or public servants (BNSS Section 254) Testimonies of public servants may be recorded electronically to expedite legal proceedings. 4.7. Discharge of Accused (BNSS Section 262) Courts may examine the accused via electronic means before granting discharge. 4.8. Examination of Accused in Custody (BNSS Section 316) Accused persons in custody may be examined electronically, with signature verification required within 72 hours. 4.9. Evidence from Public Servants, Experts and police officers (BNSS Section 336) Public officials, forensic experts, and police officers may provide evidence via video conferencing. 4.10. Judgment Pronouncement (BNSS Section 392) Accused persons in custody may hear their judgment via video conferencing. 4.11. Presence of Accused during Evidence Recording (BNSS Section 308) Accused persons shall be present, either physically or via video conferencing, during the recording of evidence. 18 DELHI GAZETTE: EXTRAORDINARY PART II-I Chapter III General Principles -2 5. General Principles Governing Video Conferencing and other modes of Audio- video electronic communication Subject to the provisions hereinafter contained, video conferencing and other modes of audio-visual electronic communication may be used at all stages of judicial proceedings and proceedings conducted by the Court, where a person who is required to be present or appear is not physically present in the court room: (i) All proceedings conducted by a Court via video conferencing and other modes of audio visual electronic communication shall be judicial proceedings and all parties shall maintain decorum and protocols applicable to these proceedings; (ii) All relevant statutory provisions applicable to judicial proceedings including provisions of BNSS, Code of Civil Procedure, 1908, CCA, 2015, Contempt of Courts Act, 1971, Bharatiya Sakshya Adhiniyam, 2023 and IT Act, shall apply to proceedings conducted by video conferencing; (iii) Subject to maintaining independence, impartiality and credibility of judicial proceedings, and subject to such directions as the High Court may issue, Courts may adopt such technological advances as may become available from time to time; (iv) Courts shall use only High Court/government approved and secure video conferencing platforms equipped with end-to-end encryption to protect data and privacy; (v) Any unauthorized access, hacking attempts, or security breaches shall be reported immediately and addressed in accordance with the law; (vi) The Rules as applicable to a Court shall mutatis mutandis apply to a Commissioner appointed by the Court to record evidence and to an inquiry officer conducting an inquiry; (vii) Unless expressly permitted by Court, no person, either at Court Point or at designated place or at Remote Point or Advocate's Remote Point, shall record or publish the proceedings or any part thereof, conducted by video conferencing or other modes of audio-visual electronic communication; (viii) There shall be no unauthorized recording of the proceedings by any person or entity. 6. Identification of person appearing through video conferencing or other modes of audio-visual electronic communication.- The person defined in rule 2(1)(n) shall provide an identity proof as recognized by the Government of India or State Government to the Court Point coordinator by electronic communication. In case, identity proof is not readily available, the Court may, upon satisfaction allow such person to participate in proceedings without production of identity proof. 7. Facilities recommended for Video Conferencing (i) Each courtroom shall be equipped with a video conferencing facility to enable seamless connectivity with stakeholders. This integration will eliminate the need to move to a separate dedicated room for virtual hearings, ensuring efficiency, saving time, and enhancing judicial proceedings. (ii) A dedicated and exclusive video conferencing center shall be established promptly at each district level. (iii) A dedicated space for video conferencing shall be established within police stations, prisons, prosecution offices, forensic departments, and other designated places. The following equipments are recommended for conducting proceedings by video conferencing at the Court Point and the Remote Point: (i) Desktop, laptop, All-in-one or any other display or projection mechanism; (ii) High speed internet connectivity; (iii) LAN/Wi-Fi set-up; (iv) Video equipments including high resolution cameras; (v) Audio equipments including microphones and speakers; (vi) Secured Video conferencing software with capability of multiple users through login mechanism; (vii) Transcription software and court approved recording mechanism; [PART II-I DELHI GAZETTE: EXTRAORDINARY 19 (viii) Adequate storage options through server or cloud; (ix) IT support and maintenance; and (x) Power back-up either through UPS and/ or through generators. 8. The designated video conferencing software to be procured by High Court shall facilitate following minimum requirements:- (i) an online, real-time collaboration software with features like video, voice, screen sharing, document sharing, presentation, recording etc. (ii) the solution shall have a whiteboard for flashing messages and recording meetings or sessions. (iii) the complete access log of the different users with extended reports, including IP/Device details/Application details, shall be provided with each meeting room. (iv) the platform shall be hosted on an India-based data centre with a 100% Disaster recovery site. (v) the platform shall offer cross-platform functionality, ensuring seamless operation across various operating systems, including Windows, Linux, macOS, IOS etc., to accommodate diverse technology ecosystems of all participants and guarantee a consistent user experience regardless of the operating system used. (vi) the platform shall be scalable to multi point connectivity with 500 user logins at a time. (vii) the platform shall provide private and confidential Breakout rooms; between multiple users. (viii) the platform may be capable of open hearing concept and/ or synchronizing and scheduling with cause list of cases by advocates with or without waiting lobby and automatic pulling according to the cause list. (ix) the platform shall provide master control facility at Court's end, recording and archiving facility at court point, server or cloud. (x) the platform shall provide audit trail facility of the proceedings and also provision of a firewall. 9. Appointment of Coordinators.- (1) There shall be a Coordinator both at the Court Point and at the designated place from where any required person is to be examined or heard or is directed to remain present. However, coordinator may be required at the remote point only when a witness or a person accused of an offence is to be examined; (2) In all the Courts, one or more persons nominated by the High Court or by the Principal District and Sessions Judge concerned within whose jurisdiction the respective Court is located, shall perform the functions of the coordinators at the designated place. (3) The Court may appoint any court official as a coordinator at the Court Point. (4) The coordinator at the designated place may be any of the following: +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | Sub | Where the Advocate or Required | The Remote Point Coordinator shall be:- | | Rule | Person is at the following Point:- | | +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | 9.(4).1 | Overseas | An official of an Indian Consulate/the relevant Indian | | | | Embassy/the relevant High Commission of India; | +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | 9.(4).2 | Court of another State or Union | Any authorized official nominated by the concerned | | | Territory of India | Principal District and Sessions Judge; | +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | 9.(4).3 | Mediation Centre or office of District | Any authorized person/official nominated by the | | | Legal Services Authority | Chairperson or Secretary of the concerned District Legal | | | | Services Authority or the Incharge of the Mediation | | | | Centre; | +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | 9.(4).4 | Jail or prison | The concerned Jail Superintendent or Officer-in-charge of | | | | the prison; | +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | 9.(4).5 | Hospitals administered by the Central | Medical Superintendent or an official authorized by them | | | Government, the State Government of | or the person in charge of the said hospital; | | | local bodies | | +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | 9.(4).6 | Observation Home, Special Home, | The Superintendent or Officer in charge of that Child Care | | | Children's Home, Shelter Home, or any | Institution or an official authorized by them; | | | institution referred to as a Child Care | | | | Institution and where the Required | | | | Person is a child in conflict with law or a | | | | child or a person who is an inmate of | | | | such Child Care Institution. | | +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | 9.(4).7 | Women's Rescue Homes, Protection | The Superintendent or Officer-in-charge of the women's | | | Homes, Shelter Homes, Nari Niketans or | facility or an official authorized by them; | +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ 20 DELHI GAZETTE: EXTRAORDINARY PART II-I +---------+-------------------------------------------------------------+-----------------------------------------------------------------------------------+ | 9.(4).8 | any institution referred to as a women's | The Superintendent or Officer-in-charge of the institution | | | facility (collectively referred to as | facility or an official authorized by them; | | | women's facilities). | | +---------+------------------------------------------+------------------------------------------------------------+ | 9.(4).8 | In custody, care or employment of any | The Superintendent or Officer-in-charge of the institution | | | other government office, organization or | facility or an official authorized by them; | | | institution (collectively referred to as | | | | institution facilities). | | +---------+------------------------------------------+------------------------------------------------------------+ | 9.(4).9 | Forensic Science Lab | The Administrative officer- in-charge or their nominee; | +---------+------------------------------------------+------------------------------------------------------------+ | 9.(4).10| In case of any other location | The concerned Court may nominate any public servant or | | | | public official of the concerned department to render | | | | services as a Coordinator to ensure that the proceedings | | | | are conducted in a fair, impartial and independent manner | | | | and according to the directions issued by the Court in the | | | | behalf. | +---------+------------------------------------------+------------------------------------------------------------+ (5) Notwithstanding the provisions of Clause 3.4.1, where witness examination is to take place in a criminal case of a person located outside the country, the provisions of the BNSS 2023 (Section 110 and Chapter 8) and "Comprehensive Guidelines for investigation abroad and issue of Letters Rogatory (LRs)/Mutual Legal Assistance (MLA) Request and Service of Summons Notices/ Judicial documents in respect of Criminal Matters prevailing at that time" will be followed to the extent they comport with the provisions of the BNSS and BSA. 10. Preparatory arrangements.- (1) The coordinator at the designated place/remote point shall ensure that: (a) the required persons scheduled to appear in a particular proceeding are ready at the remote point/designated place for video conferencing well before the scheduled time; (b) no unauthorized recording device is used; (c) no unauthorized person enters the remote point or designated place when the video conference is in progress; (d) the person being examined is not prompted, tutored, coaxed, induced or coerced in any manner by any person and that the person being examined does not refer to any document, script or device without the permission of the Court concerned during the course of examination. (2) Where the witness to be examined through video conferencing or other audio-visual electronic communication requires or if it is otherwise expedient to do so, the Court shall give sufficient notice in advance, setting out the schedule of video conferencing and in appropriate cases may provide the copies of all or any part of the relevant documents in electronic form to the coordinator of the concerned remote point. (3) Before the scheduled video conferencing, the Court shall ensure that the coordinator at the designated place or remote point receives in electronic form, copies of all or any part of the documents which may be required for recording of evidence, or for reference of the witness. However, coordinator shall allow such documents in electronic form to be used by the required person only with the permission of the Court. (4) Whenever required, the Court shall order the coordinator at the remote point or at the court point to provide- (a) a translator in case the person to be examined is not conversant with the official language of the court; (b) an expert in sign languages in case the person to be examined is impaired in speech and/or hearing; (c) an interpreter or a special educator, as the case may be, in case a person to be examined is differently abled, either temporarily or permanently; (d) a person for reading of documents in case the person to be examined is visually challenged. CHAPTER IV PROCEDURE FOR VIDEO CONFERENCING 11. Appearance through video conferencing and other modes of audio-visual electronic communication.- (1) In criminal cases, any party to the proceedings or witness, save and except where proceedings are initiated at the instance of the Court or on request of public prosecutor, may move a request for presence and proceedings through video conferencing. (SCHEDULE - II) [PART II-I DELHI GAZETTE: EXTRAORDINARY 21 (2) In civil cases, the court may, as its discretion or on request of any of the parties, initiate process for hearing of any case through video conferencing and other modes of audio-visual electronic communication. (3) While allowing a request for video conferencing, the Court may also fix the schedule for convening the video conferencing. (4) An advocate may appear from advocate's remote point for making submissions or for examination of witnesses. (5) Where video conferencing proceedings are conducted for making oral submissions, the order may require the advocate or party in person to submit written arguments and precedents, if any, in advance. 12. Service of processes.- Processes issued to a witness who is to be examined through video conferencing, shall mention the date, time and venue of the concerned designated place and shall direct the witness to attend in person alongwith proof of identity. If a person is examined with reference to a particular document, then the process to witness shall be accompanied by a copy of the document, except if it is a cross-examination: Provided that nothing in this rule shall preclude a court from conducting trials, inquiries and proceedings in electronic mode, by use of electronic communication or use of audio-video electronic means. 13. Examination of persons and witnesses through video conferencing and other modes of audio-visual electronic communication (1) The person being examined through video conferencing and other modes of audio-visual electronic communication shall ordinarily be examined during the working hours of the court concerned or at such time as the court may deem fit. (2) Where the person being examined is an accused, the court shall provide adequate opportunity to consult with his advocate before and after the video conferencing. (3) The Court shall read over and explain the evidence recorded to the witness and obtain the signature of the person being examined on the transcript immediately after the examination is concluded. The signed transcript shall form part of the record of the judicial proceedings. The signature on the transcript of the person being examined shall be obtained in either of the following ways.- (a) If digital signatures are available at both the concerned Court Point and remote point, the copy of the transcript digitally signed by the presiding officer at the Court Point shall be sent by the designated video conferencing software or official e-mail to the coordinator at remote point where a print out of the same shall be taken and signed by the person being examined. A scanned copy of the transcript digitally signed by the coordinator at the remote point shall be transmitted by the designated video conferencing software or official e-mail of the Court Point; (b) If digital signatures are not available, the printout of the transcript shall be signed by the Presiding Judge, at the Court Point and shall be sent in non-editable scanned format by the designated video conferencing software or official e-mail account of the designated place or e-mail of the coordinator at remote point where a printout of the same shall be taken and signed by the person examined and countersigned by the coordinator at the remote point. A non-editable scanned format of the transcript so signed shall be sent by the coordinator at the remote point by the designated video conferencing software or official e-mail to the Court Point where a print out of the same shall be taken and shall be made a part of the judicial record. If printing facilities are not available, signature on an electronic device such as iPAD/Tab under the supervision of the Remote Point Coordinator would be permissible. After such electronically affixed signature, the Remote Point Coordinator shall send a duly certified copy of the transcript to the Presiding Judge. (4) The court may, at the request of a person to be examined, or on its own motion, taking into account the best interest of the person to be examined, direct appropriate measures to protect the privacy of the person examined bearing in mind aspects such as age, gender, physical condition and recognized customs and practices. (5) The coordinator at the designated place shall ensure that no person is present at the remote point, save and except the person being examined and those whose presence is deemed administratively necessary by the coordinator for the proceedings. 22 DELHI GAZETTE: EXTRAORDINARY PART II-I (6) The court may also impose such other conditions as are necessary for effective hearing of cases through video conferencing and other modes of audio-video electronic communication. (7) If the court thinks fit, the required person may be permitted to connect through video conferencing or other modes of audio-visual electronic communication from the place of residence or work: Provided that evidence of a witness shall be recorded only from the designated place, except in situations hereinafter provided. (8) Where a required person is not capable of reaching the Court Point or the designed place due to sickness or physical infirmity, or whose presence cannot be secured without undue delay or expense, the Court may authorize conduct of video conferencing from the place at which such person is located. In such circumstances the court may direct the use of portable video conferencing systems and ensure presence as it may deem fit. (9) Where the court is of the opinion, for reasons to be recorded in writing that, evidence of the witness cannot be effectively recorded, it may decline to examine such witness through video conferencing. 14. Exhibiting or showing documents to witness or accused at a remote point.- If in the course of examination of a person at a remote point by video conferencing, it is necessary to show a document to the person, the Court may permit the document to be shown in the following manner. (a) If the document is at Court Point, by transmitting the document through document visualizer; (b) if the document is at Court Point, but document visualizer is not available, by transmitting a copy or image of the document to the remote point electronically through the designated video conferencing software or official e-mail; (c) if the document is at the remote point, by transmitting a copy or image of the document to the Court Point electronically through the designated video conferencing software or official e-mail. The hard copy of the document counter signed by the witness and the coordinator at the designated place shall also be dispatched to the Court Point. 15. Ensuring seamless video conferencing.- (1) The coordinator at Court Point shall provide the live link of the video conferencing hearing to advocates or the required person. (2) If the proceedings are carried out from any place other than a remote point, the coordinator, if any, at such remote point shall ensure compliance of all technical requirements. (3) The coordinator at the Court Point shall be in contact with the concerned advocate or the required person and guide them in regard to the fulfillment of technical and other requirements for executing a successful hearing through video conferencing. Any problem faced by such advocate or the required person shall be resolved by the coordinator at Court Point. (4) The coordinator at the Court Point shall ensure that any document or audio-visual files, emailed by the advocate or the required person, are duly received at the Court Point. 16. Remand.- The court may authorize detention in judicial custody, of any person accused of an offence, by video conferencing or other modes of audio-visual electronic communication as per the provisions of section 187 BNSS: Provided that if the accused is already in judicial custody, whether of the same Court or some other Court or is undergoing sentence, the Court may further remand him during inquiry or trial under section 346(2) of the BNSS through video conferencing or other modes of audio-visual electronic communication. 17. Plea bargaining.- The Court may also use the modes of audio-visual electronic communication for the purpose of plea bargaining under Chapter XXIII of the BNSS. 18. Record of proceedings through audio-visual electronic communication.- Wherever any proceeding is carried out by the Court under these rules by taking recourse to the modes of audio visual electronic communication, the Court shall mention in the order sheet, that the hearing is conducted through video conferencing. [PART II-I DELHI GAZETTE: EXTRAORDINARY 23 CHAPTER V GENERAL PROCEDURE 19. General Procedure.- (1) The procedure set out hereinafter in this chapter is without prejudice to the procedure indicated elsewhere in these rules where proceedings are conducted through video conferencing or other modes of audio visual electronic communication. (2) The coordinator at the Court Point shall ensure that video conferencing is conducted only through designated video conferencing software: Provided that in the event of a technical fault or for any other sufficient cause, the Court may for reasons to be recorded in writing, permit the use of a software other than the designated video conferencing software for video conferencing in that particular proceeding: Provided further that nothing contained in these rules shall prevent a Court, after recording its reasons in writing, from using any software other than the designated video conferencing software or other modes of audio visual electronic communication, to facilitate the hearing of cases in electronic mode. (3) In criminal cases, where the person to be examined is a prosecution witness, or a court witness, or a defence witness, or a person is to make submission for prosecution, or a person is to make submission for defence, the advocate for the prosecution or defence or the accused, as the case may be, shall confirm to the Court the location of the person, and the time, place and technical facilities available for such video conferencing. (4) If the accused is in custody and not present at the Court Point, the Court shall order a multi-point video conference between Court Point, the witness and the accused in custody to facilitate recording of the statement of the witnesses including medical or other experts. 20. Conduct of Proceedings.- (1) All advocates, required persons, the party in person or any other person permitted by the Court to remain physically or virtually present (hereinafter collectively referred to as participants), shall have their presence recorded. However, in case participants are desirous that their face or name be masked, information to that effect shall be furnished to the Court Point coordinator prior to the commencement of proceedings for the approval of the court. (2) All Advocates, Required Persons, the party in person and/or any other person permitted by the Court to remain physically or virtually present (hereinafter collectively referred to as participants) shall abide by the requirements set out in Schedule I. (3) The Court Point coordinator shall send the live link on mobile number furnished by the participants permitted to be virtually present in the Court. Once the proceedings have commenced, no other person shall be permitted to participate in the virtual hearing, except with the permission of Court. (4) Participation in the proceedings through video conferencing shall constitute consent by the participants to the proceedings being recorded. (5) Establishment and disconnection of links between the Court Point and the remote point shall be regulated by orders of the Court. (6) The court shall satisfy itself that the advocate, required person or any other participant that the court deems necessary at the remote point or the Court Point can be seen and heard clearly and can clearly see and hear the court. (7) To ensure that video conferencing is conducted seamlessly, the difficulties, if any, experienced in connectivity shall be brought to the notice of the Court at the earliest on the mobile number of the Court Point coordinator which has been furnished to the participant before the commencement of the video conferencing. 21. Third parties to the case.- (1) Third parties may be allowed to remain present during video conferencing unless directed otherwise by the Court. However, they shall be passive participants and shall not be allowed to make any submission without permission of the Court. 24 DELHI GAZETTE: EXTRAORDINARY PART II-I (2) Where, for any reason, a person unconnected with the case is present at the remote point, that person shall be identified by the coordinator at the remote point at the beginning of the proceedings and the purpose of the presence of that person shall be conveyed to the Court. Such person shall continue to remain present only with the permission of the Court. 22. Cost of Video Conferencing In the absence of rules prescribed by the concerned Court, the Court may take into consideration the following circumstances when determining and/or apportioning the costs of video conferencing: a. The expenses of the video conferencing facility including expenses involved in preparing soft copies/certified copies of the Court record and transmitting the same to the Coordinator at the Remote Point, and the fee payable to the translator/interpreter/special educator, as the case may be, as also the fee payable to the Coordinator at the Remote Point, shall be borne by such party as directed by the Court. b. Besides the above, the Court may also make an order as to expenses as it considers appropriate, taking into account the rules / instructions regarding payment of expenses to the parties, complainant and witnesses, as may be prevalent from time to time. c. It shall be open to the Court to waive the costs as warranted in a given situation. 23. Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats a. In conformity with the provisions of the Legal Services Authorities Act, 1987 and the laws in force, in proceedings related to Legal Aid Clinics, Camps, Lok Adalats or Jail Adalats, any person who at the Remote Point is in Jail or Prison shall be examined by the Chairman/ Secretary of the District Legal Service Authority or Members of Lok Adalats before passing any award or orders as per law. b. Such award or order shall have the same force as if it was passed by the regular Lok Adalat or Jail Adalat. c. Copy of the award or order and the record of proceedings shall be sent to the Remote Point. 24. Allowing persons who are not parties to the case to view the proceedings To observe the requirement of an open Court proceeding, members of the public shall be allowed to view Court hearings conducted through video conferencing, except proceedings ordered for reasons recorded in writing to be conducted in- camera. The Court shall endeavour to either provide an open link or make available sufficient links (consistent with available bandwidth) for accessing the proceedings. Chapter VI Miscellaneous 25. Power to Relax The High Court may if satisfied that the operation of any Rule is causing undue hardship, by order dispense with or relax the requirements of that Rule to such extent and subject to such conditions, as may be stipulated to deal with the case in a just and equitable manner. 26. Residual Provisions Matters concerning which no express provision has been made in these Rules shall be decided by the Court consistent with the principle of furthering the interests of justice. 27. Repeal and Savings (1) The High Court of Delhi Rules for Video Conferencing for Courts, 2021 are hereby repealed. (2) Notwithstanding the repeal, provisions of High Court of Delhi Rules for Video Conferencing for Courts, 2021 shall apply to:- a) Actions and proceedings commenced before these rules came into force. b) All notifications/orders published/issued under the High Court of Delhi Rules for Video Conferencing for Courts, 2021, to the extent they are not repugnant to these rules, shall be deemed to have been made or issued under these rules. SCHEDULE I 1. All participants shall wear sober attire consistent with the dignity of the proceedings. Advocates shall be appropriately dressed in professional attire prescribed under the Advocates Act, 1961. Police officials shall appear in the uniform prescribed for police officials under the relevant statute or orders. The attire for judicial [PART II-I DELHI GAZETTE: EXTRAORDINARY 25 officers and court staff will be as specified in the relevant rules prescribed in that behalf by the High Court. The decision of the Presiding Judge or officer as to the dress code will be final. 2. Proceedings shall be conducted at the appointed date and time. Punctuality shall be scrupulously observed. 3. The case will be called out and appearances shall be recorded on the direction of the Court. 4. Every participant shall adhere to the courtesies and protocol that are followed in a physical Court. Judges shall be addressed as "Madam/Sir" or "Your Honour". Officers will be addressed by their designation such as “Court Master". Advocates will be addressed as "Learned Counsel/Senior Counsel". 5. Advocates, Required Persons, parties in person and other participants shall keep their microphones muted till they are called upon to make submissions. 6. Remote Users shall ensure that their devices are free from malware. 7. Every Advocate appearing through video conferencing before a Court/ Tribunal shall join from the Advocate's remote point. An endeavor shall be made by Advocates not to join from mobile phones, from public places, vehicles or Court corridors, especially for addressing long arguments, barring under exceptional circumstances with the permission of the Court. 8. Remote Users and the Coordinator at the Remote Point shall ensure that the Remote Point is situated in a quiet location, is properly secured and has sufficient internet coverage. Any unwarranted disturbance caused during video conferencing may, if the Presiding Judge so directs, render the proceedings non-est. 9. All participants' cell phones shall remain switched off or in airplane mode during the proceedings. 10. All participants shall endeavor to look into the camera, remain attentive and shall not engage in any other activity during the proceedings. 11. All participants shall ensure that there is no background noise, unnecessary movements, and interruptions shall be minimized to maintain the decorum of judicial proceedings. 12. The use of offensive language, disrespectful behavior, or non-compliance with judicial instructions may lead to immediate removal from the session and potential legal consequences. 13. Only courts have the discretion to mute or remove any participant violating these conduct rules. SCHEDULE II Request Form for Video Conference 1.Case Number/CNR Number (if any) 2.Cause Title 3.Proposed Date of conference (DD/MM/YYYY): 4.Location of the Court Point(s): 5.Location of the Remote Point(s): 6.Name & Designation of the Participants at the Remote Point: 7.Reasons for Video Conferencing: In the matter of: 8. Nature of Proceedings: Final Hearing Motion Hearing Others I have read and understood the provisions of Rules for Video Conferencing for Courts (hyperlink). I undertake to remain bound by the same to the extent applicable to me. I agree to pay video conferencing charges if so, directed by the Court. Signature of the applicant/authorized signatory: Date: 26 DELHI GAZETTE: EXTRAORDINARY PART II-I A) Bench assigned: B) Hearing: Held on (DD/MM/YYYY): Commencement Time: End time: Number of hours: C) Costs: Overseas transmission charges if any: To be Incurred by Applicant/Respondent: To be shared equally: Waived; as ordered by the Court: Signature of the authorized officer; Date: For use of the Registry/Court Point Coordinator By Order of this Court, ARUN BHARDWAJ, Registrar General Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA Date: 2025.07.09 14:51:39 +05'30'

Never miss important gazettes

Create a free account to save gazettes, add notes, and get email alerts for keywords you care about.

Sign Up Free