- (i) These Rules shall apply to such courts or proceedings or classes of courts or proceedings and on and from such date as the High Court may notify in this behalf.
- (i) “Advocate” means and includes an advocate entered in any roll maintained under the provisions of the Advocates Act, 1961 and shall also include government pleaders/advocates and officers of the department of prosecution.
- (ii) “Commissioner” means a person appointed as commissioner under the provisions of Code of Civil Procedure, 1908 (CPC), or the Code of Criminal Procedure, 1973 (CrPC), or any other law in force.
- (iii) “Coordinator” means a person nominated as coordinator under Rule 5.
- (iv) “Court” includes a physical Court and a virtual Court or tribunal.
- (v) “Court Point” means the Courtroom or one or more places where the Court is physically convened, or the place where a Commissioner or an inquiring officer holds proceedings under the directions of the Court.
- (vi) “Court User” means a user participating in Court proceedings through video conferencing at a Court Point.
- (vii) “Designated Video Conferencing Software” means software provided by the High Court from time to time to conduct video conferencing.
- (viii) “Exceptional circumstances” include illustratively a pandemic, natural calamities, circumstances implicating law and order and matters relating to the safety of the accused and witnesses.
- (ix) “Live Link” means and includes a live television link, audio-video electronic means or other arrangements whereby a witness, a required person or any other person permitted to remain present, while physically a using technology to give evidence and be cross-examined.
- (x) “Remote Point” is a place where any person or persons are required to be present or appear through a video
- (xi) “Remote User” means a user participating in Court proceedings through video conferencing at a Remote Point.
- (xii) “Required Person” includes:
a. the person who is to be examined; orb. the person in whose presence certain proceedings are to be recorded or conducted; orc. an Advocate or a party in person who intends to examine a witness; ord. any person who is required to make submissions before the Court; ore. any other person who is permitted by the Court to appear through video conferencing.
- (xiii) “Rules” shall mean these Rules for Video Conferencing for Courts and any reference to a Rule, Sub-Rule or Schedule shall be a reference to a Rule, Sub-Rule or Schedule of these Rules.
- (i) Video conferencing facilities may be used at all stages of judicial proceedings and proceedings conducted by the Court.
- (ii) All proceedings conducted by a Court via video conferencing shall be judicial proceedings and all the courtesies and protocols applicable to a physical Court shall apply to these virtual proceedings. The protocol provided in Schedule I shall be adhered to for proceedings conducted by way of video conferencing.
- (iii) All relevant statutory provisions applicable to judicial proceedings including provisions of the CPC, CrPC, Contempt of Courts Act, 1971, Indian Evidence Act, 1872 (Evidence Act), and Information Technology Act, 2000 (IT Act), shall apply to proceedings conducted by video conferencing.
- (iv) 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.
- (v) The Rules as applicable to a Court shall mutatis mutandis apply to a Commissioner appointed by the Court to recor d evidence and to an inquiry officer conducting an inquiry.
- (vi) There shall be no unauthorised recording of the proceedings by any person or entity.
- (vii) The person defined in Rule 2(xii) shall provide identity proof as recognised by the Government of India/State Government/Union Territory to the Court point coordinator via personal email. In case of identity proof not being readily available the person concerned shall furnish the following personal details: name, parentage and permanent address, as also, temporary address if any.
- Desktop, Laptop, mobile devices with internet connectivity and printer;
- Device ensuring uninterrupted power supply;
- Camera;
- Microphones and speakers;
- Display unit;
- Document visualizer;
- Provision of a firewall;
- Adequate seating arrangements ensuring privacy;
- Adequate lighting; and
- A vailability of a quiet and secure space.
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Sub |
Where |
The |
|
5.3.1 |
Overseas |
An official of an Indian Consulate / the relevant Indian |
|
5.3.2 |
Court of another state or union territory of India |
Any authorized official nominated by the concerned District |
|
5.3.3 |
Mediation Centre or office of District Legal Services |
Any authorized person / official nominated by the |
|
5.3.4 |
Jail or prison |
The concerned Jail Superintendent or Officer- in-charge of |
|
5.3.5 |
Hospitals administered by the Central Government, the State |
Medical Superintendent or an official authorized by them or |
|
5.3.6 |
Observation Home, Special Home, Children’s Home, Shelter |
The Superintendent or Officer in charge of that child |
|
5.3.7 |
Women’s Rescue Homes, Protection Homes, Shelter Homes, Nari |
The Superintendent or Officer-in- charge of the women’s |
|
5.3.8 |
In custody, care or employment of any other government |
The Superintendent or Officer-in- charge of the |
|
5.3.9 |
Forensic Science Lab |
The Administrative officer-in- charge or their nominee. |
|
5.3.10 |
In case of any other location |
The concerned Court may appoint any person deemed fit and |