New Guidelines for Video Court Hearings by Bombay HC

Starting December 29, 2024, the Bombay High Court will roll out new video conferencing rules to modernise judicial processes across Maharashtra, Goa, and the Union Territories of Daman and Diu, and Dadra and Nagar Haveli. The updated guidelines, known as the High Court of Bombay Rules for Video Conferencing for Courts 2022, were officially notified in the government gazette on December 19, 2024.

These rules aim to streamline virtual court hearings while ensuring security, privacy, and efficiency. They apply to various courts and tribunals, including:

• Family Courts
• Labour Courts
• Industrial Courts
• Co-operative Courts
• Motor Accident Claims Tribunals (MACTs)
• School Tribunals

Key Features of the Rules

Official Recognition of Virtual Hearings

All video conference hearings will be recognised as official judicial proceedings. To participate, individuals must provide valid government-issued ID proof via email. If such documents are unavailable, personal details must be shared as an alternative. Unauthorised recording of proceedings is strictly prohibited to ensure confidentiality and security.

Technical Support and Privacy

The rules mandate that technical coordinators oversee video conferencing operations at both court and remote locations. These coordinators will:

• Confirm that all technical systems are functioning correctly.
• Ensure participants are ready at least 30 minutes before the hearing begins.
• Verify that no unauthorised recording devices are present.

To maintain privacy, the hearings must be conducted in secure facilities, ensuring that participants cannot be influenced, coerced, or threatened.

Participation Guidelines

To request a video conference hearing, parties must submit a formal application in a prescribed format, preferably after consulting with other involved parties. The court will review the application and schedule the hearing as appropriate. All necessary documents must be submitted electronically beforehand to allow adequate preparation.

Provisions for Witnesses and Accused Individuals

The rules allow for special accommodations:

• Witnesses located abroad or in custody can testify via secure video links arranged by local authorities or Indian consulates.
• Judicial remand or police remand can only be granted via video conferencing in exceptional circumstances, with written justification.
• Key criminal procedures, such as witness/accused examination under Section 164 of the Criminal Procedure Code (CrPC) and recording accused statements under Section 313 of the CrPC, may be conducted virtually, provided that all necessary precautions are taken.

Cost Allocation

The cost of setting up and running video conferencing facilities, including technical expenses, will typically be borne by the party requesting the hearing unless the court decides otherwise.

Impact of the New Rules

These updated guidelines signify a significant step towards modernising India’s judicial system. By embracing technology, the Bombay High Court aims to improve accessibility and efficiency while safeguarding the rights and privacy of participants in virtual hearings. This move also reflects the broader global trend of integrating digital solutions into traditional judicial processes.