RULES
FOR VIDEO CONFERENCING FOR COURTS, 2020
PREAMBLE
In exercise
of the powers conferred by Articles 225 and 227 of the Constitution of India,
the following rules made by the High Court, Patna and approved by the State
Government is hereby published namely:- "Rules for Video Conferencing for
Courts, 2020"
Whereas it
is expedient to consolidate, unify and streamline the procedure relating to use
of video conferencing for Courts; and
CHAPTER I PRELIMINARY
Rule - 1.
These Rules
shall be called the "Rules for Video Conferencing for Courts, 2020".
(i)
These Rules shall come into force from
the date of its publication in the Official Gazette.
Rule - 2. Definitions.
In these
Rules, unless the context otherwise requires:
(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,
or the Code of Criminal Procedure, 1973,
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 pursuant
to 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 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 absent from the Courtroom is nevertheless
virtually present in the Courtroom by remote communication 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 link.
(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; or
b.
the person in whose presence certain
proceedings are to be recorded or conducted; or
c.
an Advocate or a party in person who
intends to examine a witness; or
d.
any person who is required to make
submissions before the Court; or
e.
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.
CHAPTER II GENERAL PRINCIPLES
Rule - 3. General Principles Governing Video Conferencing.
(i)
Video conferencing facilities maybe
used at all stages of judicial proceedings and proceedings conducted by the
Court.
(ii)
All proceedings conducted by a Court
by way of 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, Cr.P.C.,
Contempt of Courts Act, 1971, Indian Evidence Act, 1872 (abbreviated hereafter
as the Evidence Act), and Information Technology Act, 2000 (abbreviated
hereafter as the 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 record
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 required 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 identity proof is not readily available the person
concerned shall furnish the following personal details: name, parentage and
permanent address, as also, temporary address if any.
Rule - 4. Facilities recommended for Video Conferencing.
The
following equipment is recommended for conducting proceedings by video
conferencing at the Court Point and at the Remote Point:
(i)
Desktop, Laptop, mobile devices with
internet connectivity and printer;
(ii)
Device ensuring uninterrupted power
supply;
(iii)
Camera;
(iv)
Microphones and speakers;
(v)
Display unit;
(vi)
Document visualizer;
(vii)
Provision of a firewall;
(viii)
Adequate seating arrangements ensuring
privacy;
(ix)
Adequate lighting; and
(x)
Availability of a quiet and secure
space
Rule - 5. Preparatory Arrangements.
5.1 There
shall be a Coordinator both at the Court Point and at the Remote Point from
which any Required Person is to be examined or heard. However, Coordinator may
be required at the Remote Point only when a witness or a person accused of an
offence is to be examined.
5.2 In the
civil and criminal Courts falling within the purview of the district judiciary,
persons nominated by the High Court or the concerned District Judge, shall
perform the functions of Coordinators at the Court Point as well as the Remote
Point as provided in Rule 5.3.
5.3 The
Coordinator at the Remote Point may be any of the following:
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Sub Rule
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Where the
Advocate or Required Person is at the following Remote Point:-
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The
Remote Point Coordinator shall be:-
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5.3.1
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Overseas
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An
official of an Indian Consulate/the relevant Indian Embassy/the relevant High
Commission of India
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5.3.2
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Court of
another state or union territory within the territory of India
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Any
authorized official nominated by the concerned District Judge.
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5.3.3
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Mediation
Centre or office of District Legal Services Authority (including Taluka Legal
Services Committee)
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Any
authorized person officially nominated by the Chairperson or Secretary of the
concerned District Legal Services Authority.
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5.3.4
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Jail or
prison
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The
concerned Jail Superintendent or Officer in-charge of the prison.
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5.3.5
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Hospitals
administered by the Central Government, the State Government or local bodies
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Medical
Superintendent or an official authorized by them or the person in charge of
such hospitals.
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5.3.6
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Observation
Home, Special Home, Children's Home, Shelter Home, or any institution
referred to as a child facility (collectively referred to as child
facilities) and where the Required Person is a juvenile or a child or a person
who is an inmate of such child facility.
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The
Superintendent or Officer in charge of such child facilities or an official
authorized by them.
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5.3.7
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Women's
Rescue Homes, Protection Homes, Shelter Homes, Nari Niketans or any
institution referred to as a women's facility (collectively referred to as
women's facilities).
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The
Superintendent or Officers In-charge of the women's facility or an official
authorized by them.
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5.3.8
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In
custody, care or employment of any other government office, organization or institution
(collectively referred to as institutional facilities).
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The
Superintendent or Officers in-charge of the institutional facility or an
official authorized by them.
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5.3.9
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Forensic
Science Lab
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The
Administrative officer in-charge or their nominee.
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5.3.10
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In case
of any other location
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The
concerned Court may appoint any person deemed fit and proper who is ready and
willing to render their 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 that behalf.
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5.4 When a
Required Person is at any of the Remote Points mentioned in Sub Rules 5.3 and
video conferencing facilities are not available at any of these places the
concerned Court will formally request the District Judge, in whose jurisdiction
the Remote Point is situated to appoint a Coordinator for and to provide a
video conferencing facility from proximate and suitable Court premises.
5.5 The
Coordinators at both the Court Point and Remote Point shall ensure that the
recommended requirements set out in Rule 4 are complied with, so that the
proceedings are conducted seamlessly.
5.6 The
Coordinator at the Remote Point shall ensure that:
5.6.1 All
Advocates and/or Required Persons scheduled to appear in a particular
proceeding are ready at the Remote Point designated for video conferencing at
least 30 minutes before the scheduled time.
5.6.2 No
unauthorised recording device is used.
5.6.3 No
unauthorised person enters the video conference room when the video conference
is in progress.
5.6.4 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 concerned Court
during the course of examination.
5.7 Where
the witness to be examined through video conferencing 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 transmit non-editable digital scanned copies of all or any part of
the record of the proceedings to the official email account of the Coordinator
of the concerned Remote Point designated in accordance with Rule 5.3.
5.8 Before
the scheduled video conferencing date, the Coordinator at the Court Point shall
ensure that the Coordinator at the Remote Point receives certified copies,
printouts or a soft copy of the non-editable scanned copies of all or any part
of the record of proceedings which may be required for recording statements or
evidence, or for reference. However, these shall be permitted to be used by the
Required Person only with the permission of the Court.
5.9
Whenever required the Court shall order the Coordinator at the Remote Point or
at the Court Point to provide -
5.9.1 A
translator in case the person to be examined is not conversant with the
official language of the Court.
5.9.2 An
expert in sign languages in case the person to be examined is impaired in
speech and/or hearing or an expert for reading documents, in case the person to
be examined is visually challenged.
5.9.3 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.
CHAPTER III PROCEDURE FOR VIDEO CONFERENCING
Rule - 6. Application for Appearance, Evidence and Submission by Video Conferencing.
6.1 Any party to the proceeding or witness, save
and except where proceedings are initiated at the instance of the Court, may
move a request for video conferencing. A party or witness seeking a video
conferencing proceeding shall do so by making a request in the form prescribed
in Schedule II.
6.2 Any proposal to move a request to for video
conferencing should first be discussed with the other party or parties to the
proceeding, except where it is not possible or inappropriate, for example in
cases such as urgent applications.
6.3 On receipt of such a request and upon hearing
all concerned persons, the Court will pass an appropriate order after
ascertaining that the application is not filed with an intention to impede a
fair trial or to delay the proceedings.
6.4 While allowing a request for video
conferencing, the Court may also fix the schedule for convening the video
conferencing.
6.5 In case the video conferencing event is
convened for making oral submissions, the order may require the Advocate or
party in person to submit written arguments and precedents, if any, in advance
on the official email ID of the concerned Court.
6.6 Costs, if directed to be paid, shall be
deposited within the prescribed time, commencing from the date on which the
order convening proceedings through video conferencing is received.
Rule - 7. Service of Summons.
Summons issued to a witness who is to be examined
through video conferencing, shall mention the date, time and venue of the
concerned Remote Point and shall direct the witness to attend in person along
with proof of identity or an affidavit to that effect. The existing rules
regarding service of summons and the consequences for non-attendance, as
provided in the CPC and Cr.P.C. shall apply with respect to service of summons
for proceedings conducted by video conferencing.
Rule - 8. Examination of persons.
8.1 Any person being examined, including a witness
shall, before being examined through video conferencing, produce and file proof
of identity by submitting an identity document issued or duly recognized by the
Government of India, State Government, Union Territory, or in the absence of
such a document, an affidavit attested by any of the authorities referred to in
Section 139 of the CPC or Section 297 of the Cr.P.C., as the case maybe. The
affidavit will inter alia state that the person, who is shown to be the party
to the proceedings or as a witness, is the same person, who is to depose at the
virtual hearing. A copy of the proof of identity or affidavit, as the case may
be, will be made available to the opposite party.
8.2 The person being examined will ordinarily be
examined during the working hours of the concerned Court or at such time as the
Court may deem fit. The oath will be administered to the person being examined
by the Coordinator at the Court Point.
8.3 Where the person being examined, or the accused
to be tried, is in custody, the statement or, as the case may be, the testimony
may be recorded through video conferencing. The Court shall provide adequate
opportunity to the under-trial prisoner to consult in privacy with their
counsel before, during and after the video conferencing.
8.4 Subject to the provisions for examination of
witnesses contained in the Evidence Act, before the examination of the witness,
the documents, if any, sought to be relied upon shall be transmitted by the
applicant to the witness, so that the witness acquires familiarity with the
said documents. The applicant will file an acknowledgment with the Court in
this behalf.
8.5 If a person is examined with reference to a
particular document then the summons to witness must be accompanied by a duly
certified photocopy of the document. The original document should be exhibited
at the Court Point in accordance with the deposition of the concerned person
being examined.
8.6 The Court would be at liberty to record the
demeanour of the person being examined.
8.7 The Court will note the objections raised
during the deposition of the person being examined and rule on them.
8.8 The Court shall obtain the signature of the
person being examined on the transcript once the examination is concluded. The
signed transcript will 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:
8.8.1 If digital signatures are available at both
the concerned Court Point and Remote Point, the soft copy of the transcript
digitally signed by the Presiding Judge at the Court Point shall be sent by the
official e-mail to the Remote Point where a print out of the same will be taken
and signed by the person being examined. A scanned copy of the transcript
digitally signed by the Coordinator at the Remote Point would be transmitted by
official email of the Court Point. The hard copy of the signed transcript will
be dispatched after the testimony is over, preferably within three days by the
Coordinator at the Remote Point to the Court Point by recognised
courier/registered speed post.
8.8.2 If digital signatures are not available, the
printout of the transcript shall be signed by the presiding Judge and the
representative of the parties, if any, at the Court Point and shall be sent in
non-editable scanned format to the official email account of the Remote Point,
where a printout of the same will 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 of
the Remote Point to the official email account of the Court Point, where a
print out of the same will be taken and shall be made a part of the judicial
record. The hard copy would also be dispatched preferably within three days by
the Coordinator at the Remote Point to the Court Point by recognised
courier/registered speed post.
8.9 An audio-visual recording of the examination of
person examined shall be preserved. An encrypted master copy with hash value
shall be retained as a part of the record.
8.10 The Court may, at the request of a person to
be examined, or on its own motion, taking into account the best interests 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.
8.11 The Coordinator at the Remote Point 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 to continue.
8.12 The Court may also impose such other
conditions as are necessary in a given set of facts for effective recording of
the examination (especially to ensure compliance with Rule 5.6.4).
8.13 The examination shall, as far as practicable,
proceed without interruption or the grant of unnecessary adjournments. However,
the Court or the Commissioner as the case may be, will be at liberty to
determine whether an adjournment should be granted, and if so, on what terms.
8.14 The Court shall be guided by the provisions of
the CPC and Chapter XXIII, Part B of the Cr.P.C., the Evidence Act and the IT
Act while examining a person through video conferencing.
8.15 Where a Required Person is not capable of
reaching the Court Point or the Remote Point due to sickness or physical
infirmity, or presence of the required person cannot be secured without undue
delay or expense, the Court may authorize the 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. Authority in this
behalf may be given to the concerned Coordinator and/or any person deemed fit
by the Court.
8.16 Subject to such orders as the Court may pass,
in case any party or person authorized by the party is desirous of being
physically present at the Remote Point at the time of recording of the
testimony, such a party shall make its own arrangement for
appearance/representation at the Remote Point.
Rule - 9. 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:
9.1 If the document is at the Court Point, by
transmitting a copy or image of the document to the Remote Point
electronically, including through a document visualizer; or
9.2 If the document is at the Remote Point, by
putting it to the person and transmitting a copy/image of the same to the Court
Point electronically including through a document visualizer. The hard copy of
the document counter signed by the witness and the Coordinator at the Remote
Point shall be dispatched immediately thereafter to the Court Point via
authorized courier/registered speed post.
Rule - 10. Ensuring seamless video conferencing.
10.1 The Advocate or Required Person, shall address
the Court by video conferencing from a specified Remote Point on the date and
time specified in the order issued by the Court. The presence of the coordinator
will not be necessary at the Remote point where arguments are to be addressed
by an advocate or party in person before the Court.
10.2 If the proceedings are carried out from any of
the Remote Point(s) (in situations described in Rules 5.3.1 to 5.3.9) the
Coordinator at such Remote Point shall ensure compliance of all technical
requirements. However, if the proceedings are conducted from a Remote Point
falling in the situation contemplated under Rule 5.3.10, such as an Advocate's
office, the Coordinator at the Court Point shall ensure compliance of all
technical requirements for conducting video conferencing at both the Court
Point and the Remote Point.
10.3 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 fulfilment of technical and other requirements for executing a
successful hearing through video conferencing. Any problems faced by such
Remote Users shall be resolved by the Court Point Coordinator. The Court Point Coordinator
shall inter alia share the link of the video conferencing hearing with such
Remote Users.
10.4 The Coordinator at the Court Point shall
ensure that any document or audio-visual files, emailed by the Remote User, are
duly received at the Court Point.
10.5 The Coordinator at the Court Point shall also
conduct a trial video conferencing, preferably 30 minutes prior to scheduled
video conferencing in order to ensure that all the technical systems are in
working condition at both the Court Point and the Remote Point.
10.6 At the scheduled time, the Coordinator at the
Court Point shall connect the Remote User to the Court.
10.7 On completion of the video conferencing
proceeding, the Court shall mention in the order sheet the time and duration of
the proceeding, the software used (in case the software used is not the
Designated Video Conferencing Software), the issue(s) on which the Court was
addressed and the documents if any that were produced and transmitted online.
In case a digital recording is tendered, the Court shall record its duration in
the order sheet along with all other requisite details.
10.8 The Court shall also record its satisfaction
as to clarity, sound and connectivity for both Court Users and Remote Users.
10.9 On the completion of video conferencing, if a
Remote User is of the opinion that they were prejudiced due to poor video
and/or audio quality, the Remote User shall immediately inform the Coordinator
at the Court Point, who shall in turn, communicate this information to the Court
without any delay. The Court shall consider the grievance and if it finds
substance in the grievance may declare the hearing to be incomplete and the
parties may be asked to re-connect or make a physical appearance in Court.
Rule - 11. Judicial remand, framing of charge, examination of accused and Proceedings under Section 164 of the Cr.P.C.
11.1 The Court may, at its discretion, authorize
detention of an accused, frame charges in a criminal trial under the Cr.P.C. by
video conferencing. However, ordinarily judicial remand in the first instance
or police remand shall not be granted through video conferencing save and
except in exceptional circumstances for reasons to be recorded in writing.
11.2 The Court may, in exceptional circumstances,
for reasons to be recorded in writing, examine a witness or an accused under
Section 164 of the Cr.P.C. or record the statement of the accused under Section
313 Cr.P.C. through video conferencing, while observing all due precautions to
ensure that the witness or the accused as the case maybe is free of any form of
coercion, threat or undue influence. The Court shall ensure compliance with
Section 26 of the Evidence Act.
CHAPTER IV GENERAL PROCEDURE
Rule - 12. General procedure.
12.1 The procedure set out hereinafter in this
chapter is without prejudice to the procedure indicated elsewhere in these
Rules qua specific instances in which proceedings are conducted via video
conferencing.
12.2 The Coordinator at the Court Point shall
ensure that video conferencing is conducted only through a Designated Video
Conferencing Software. However, in the event of a technical glitch during a
given proceeding, the concerned Court may for reasons to be recorded permit the
use of a software other than the Designated Video Conferencing Software for
video conferencing in that particular proceeding.
12.3 The identity of the person to be examined
shall be confirmed by the Court with the assistance of the Coordinator at the
Remote Point in accordance with Rule 8.1, at the time of recording of the
evidence and the same must be reflected in the order sheet of the Court.
12.4 In civil cases, parties requesting for
recording statements of the person to be examined by video conferencing shall
confirm to the Court, the location of the person, the willingness of such
person to be examined through video conferencing and the availability of
technical facilities for video conferencing at the agreed upon time and place.
12.5 In criminal cases, where the person to be
examined is a prosecution witness or a Court witness, or where a person to be
examined is a defence witness, the counsel for the prosecution or defence
counsel, as the case maybe, shall confirm to the Court the location of the
person, willingness to be examined by video conferencing and the time, place
and technical facility for such video conferencing.
12.6 In case the person to be examined is an
accused, the prosecution will confirm the location of the accused at the Remote
Point.
12.7 Video conferencing shall ordinarily take place
during the Court hours. However, the Court may pass suitable directions
concerning the timing and schedule of video conferencing as the circumstances
may warrant.
12.8 If the accused is in custody and not present
at the Court Point, the Court will order a multi-point video conference between
itself, the witness and the accused in custody to facilitate recording of the
statement of the witness (including medical or other expert). The Court shall
ensure that the defence of the accused is not prejudiced in any manner and that
the safeguards contained in Rule 8.3 are observed.
12.9 The Coordinator at the Remote Point shall be
paid such amount as honorarium as may be directed by the Court in consultation
with the parties.
Rule - 13. Costs of Video Conferencing.
In the absence of Rules prescribed by the concerned
Court, the Court may take into consideration following circumstances when
determining and/or apportioning the costs of video conferencing:
13.1 In criminal cases, 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
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.
13.2 In civil cases, generally, the party making
the request for recording evidence, through video conferencing shall bear the
expenses.
13.3 Besides the above, the Court may also make an
order as to expenses as it considers appropriate, taking into account
Rule/Rules regarding payment of expenses to the complainant and witnesses, as
may be prevalent from time to time.
13.4 It shall be open to the Court to waive the
costs as warranted in a given situation.
Rule - 14. Conduct of Proceedings.
14.1 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.
14.2 Before the commencement of video conferencing
all participants, shall have their presence recorded. However, in case a
participant is desirous that their face or name be masked, information to that
effect will be furnished to the Court Point Coordinator prior to the
commencement of the proceeding.
14.3 The Court Point Coordinator shall send the
link/Meeting ID/Room Details via the email Id/mobile number furnished by the
Advocate or Required Person or other participant permitted to be virtually
present by the Court. Once the proceedings have commenced, no other persons
will be permitted to participate in the virtual hearing, save and except with
the permission of the Court.
14.4 The participants, after joining the hearing
shall remain in the virtual lobby if available, until they are admitted to
virtual hearing by the Coordinator at the Court Point.
14.5 Participation in the proceedings shall
constitute consent by the participants to the proceedings being recorded by
video conferencing.
14.6 Establishment and disconnection of links
between the Court Point and the Remote Point would be regulated by orders of
the Court.
14.7 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.
14.8 To ensure that video conferencing is conducted
seamlessly, the difficulties, if any, experienced in connectivity must be
brought to the notice of the Court at the earliest on the official email
address and mobile number of the Court Point Coordinator which has been
furnished to the participant before the commencement of the virtual hearing. No
complaint shall subsequently be entertained.
14.9 Wherever any proceeding is carried out by the
Court under these Rules by taking recourse to video conferencing, this shall
specifically be mentioned in the order sheet.
Rule - 15. Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats.
15.1 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 Taluka Legal Service Committee or
Members of Lok Adalats before passing any award or orders in accordance with
law.
15.2 Such award or order shall have the same force
as if it was passed by the regular Lok Adalat or Jail Adalat.
15.3 Copy of the award or order and the record of
proceedings shall be sent to the Remote Point.
Rule - 16. Allowing persons who are not parties to the case to view the proceedings.
16.1 In order to observe the requirement of an open
Court proceeding, members of the public will 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
make available sufficient links (consistent with available bandwidth) for
accessing the proceedings.
16.2 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 start of the proceedings and the
purpose of the presence of that person shall be conveyed to the Court. Such a
person shall continue to remain present only if ordered so by the Court.
CHAPTER V MISCELLANEOUS
Rule - 17. Reference to Words and Expressions.
Words and expressions used and not defined in these
Rules shall have the same meaning as assigned to them in the CPC, the Cr.P.C.,
Evidence Act, IT Act, and the General Clauses Act, 1897.
Rule - 18. Power to Relax.
The High Court may if satisfied that the operation
of any Rule is causing undue hardship, by an 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.
Rule - 19. Residual Provisions.
Matters with respect to 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.
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 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 will be addressed as
"Madam/Sir" or "Your Honour". Officers will be addressed by
their designation such as "Bench Officer/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 such time as they
are called upon to make submissions.
6.
Remote Users shall ensure that their devices are
free from malware.
7.
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.
8.
All participants cell phones shall remain switched
off or in air-plane mode during the proceedings.
9.
All participants should endeavour to look into the
camera, remain attentive and not engage in any other activity during the course
of the proceedings
10. The provisions of the Patna High Court Rules would be applicable
wherever the present Rules are inconsistent with the same or where provision
has not specifically been made in the present 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.
Names & Designation of the
Participants at the Remote Point: ___________________
7.
Reasons for Video Conferencing:
In the
matter of:
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8. Nature
of Proceedings:
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Final
Hearing
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Motion
Hearing
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Others
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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/authorised signatory:
Date:
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For use of
the Registry/Court Point Coordinator
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(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 authorised officer:
Date:
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