4
VIDEO CON FERENCING GUIDELINES ISSUED BY THE HIGH COURT
OF JUDICATURE AT HYDERABAD FOR THE STATE OF TEL.ANGANA
AND THE STATE OF ANDHRA PRADESH
GUIDELINES FOR THE CONDUCT OF COURT PROCEEDINGS
BETWEEN COURTS AND REMOTE SITES
Irtroduction:
Video conference facilities enabling audio and visual communication
between persons at different locations have now been installed in:
• The High Court of Judicature at Hyderabad for the State of Telangana
and the State of Andhra Pradesh.
• All the District Courts in the States of Telangana and Andhra Pradesh
and the Subordinate Courts in the units of City Civil Court, City Small
Causes Court, Metropolitan Sessions Judges Court, Hyderabad.
• District JaBs in the States of Telangana and Andhra Pradesh.
Video-conferencing provides Courts in the States of Telangana and
Andhra Pradesh with the facility to receive evidence and submissions from
witnesses or persons involved in Court proceedings in circumstances where it
would be expensive, inconvenient or otherwise not desirable for a person to
attend a Court in person. An over:riding factor is that the use of video
conferencing in any particular case must be consistent with furthering the
interests of justice and should cause minimal disadvantage to the parties.
However, it is for the Court to decide whether evidence should be recorded
by videoconferencing.
Even with the advancement of technology, there is a delay of
millisecond between video picture seen and sounds being heard. Allowances
appropriate to this time gap need to be made to avoid one participant talking
over another.
Microphones set up at the bench, the bar table and at the witness box
are highly sanse. Persons during a video conferencing should be mindful
that the video conference is activated until the same is disconnected and that
microphones are ‘iive” and as such all remarks are audible to the court.
L GENERAL:
1) In these guidelines, reference to the ‘court point’ means the Courtroom
or other place where the Court is sitting or the place where
Commissioner appointed by the Court to record the evidence by video
conference is sitting and the ‘remote point’ is the place where the
person to be examined via video conference is located, for example, a
prison.
2) Person to be examined includes a person whose deposition or
statement is required to be recorded or in whose presence certain
proceedings are to be recorded.
4
3) Wherever possible, proceedings by way of video conference shall be
conducted as judicial proceedings and the same courtesies and
protocols will be observed. All relevant statutory provisions applicable
to judicial proceedings including the provisions of the Information
Technology Act, 2000 and the Indian Evidence Act, 1872 shall apply
to the recording of evidence by video conference.
4) Video conferencing facilities can be used in all matters including
remands, bail applications and in civil and criminal trials where a
witness is located intrastate, interstate, or overseas. However, these
guidelines will not apply to proceedings under Section 164 of Cr.P.C.
5) The guidelines applicable to a Court will mutatis mutandis apply to a
Local Commissioner appointed by the Court to record the ñci€nce.
2 APPEARANCE BY VIDEO CONFERENCE:
A Court may either suo moto or on application of a party or a witness,
direct by a reasoned order that any person shall appear before it or give
evidence or make submissions to the Court through video conference.
3. PREPARATORY ARRANGEMENTS FOR VIDEO CONFERENCE.
1’ There shaH be Coordinators both at the court point as wefl as at the
remote point.
2) In the High Court, Registrar (I.TcuraCertraJ Project Coordinator)
shall be the coordinator at the court point.
3) In the District Courts, official-in-charge of the Video Conferencing
Facility (holding the post of Senior Assistant/Senior Personal
Assistant/District System Administrator or above) nominated by the
District Judge shall be the coordinator at the court point.
4) The Coordinator at the remote point may be any of the following:
i. Where the person to be examined is overseas, the Court may
specify the coordinator out of the following:
(a) The official of Consulate/Embassy of India,
(b) Duly certified Notary Public! Oath Commissioner,
::5::
4
ii. Where the person to be examined is in another State/U.T, a
judicial Magistrate as may be deputed by the District Judge
concerned.
iii. Where the person to be examined is in custody, the concerned
Jail Superintendent or any other responsible official deputed by
him,
iv. Where the person to be examined is in a hospital, public or
private, whether run by the Central Government, the State
Government, local bodies or any other person, the Medical
Superintendent or In-charge of the said hospital or any other
responsible official deputed by him,
v. Where the person to be examined is a juvenile or a child who is
an inmate of an Observation Home/Special Home/Children’s
Home! Shelter Home, the Superintendent/Officer In-charge of
that Home or any other responsible official deputed by him,
vi. Where the person to be examined is in women rescue homes,
the Superintendent / Officer In-charge of the women rescue
homes or any other responsible official deputed by him/her.
::6::
.
vii. Wherever a coordinator is to be appointed at the remote point
under Clause 3(4) SubClause (ii); (iii), (iv), (v) & (vi), the Court
concerned will make formal request through the District Judge
concerned to concerned official.
viii. In case of any other person, as may be ordered by the Court.
5)The coordinators at both the points shall ensure that the minimum
requirements as mentioned in the Guidelines No.4 are in position at
the court point and the remote point and shall conduct a test between
both the points well in advance, to resolve any technical problem so
that the proceedings are conducted without interruption.
6) It shall be ensured by the coordinator at the remote point that:
(i) The person to be examined or heard is available and ready at the
room earmarked for the video conference at least 30 minutes
before the schedule tirre.
(ii) No other recording device is permitted except the one installed in
the video conferencing room.
(iii) Entry into the video conference room is regulated.
::7::
a.
7) It shall be ensured by the coordinator at the court point that the
coordinator at the remote point has certified copies or soft copies of
all or any part of the court record in a sealed cover directed by the
Court sufficiently in advance of the scheduled video conference.
8)The court shall order the coordinator at the remote point or at the
court point where it is more convenient, to provide:
(I) a translator in case the person to be examined is not conversant
with Court language;
(ii) an expert in sign language in case the person to be examined is
speech and/or hearing impaired;
(iii) for reading of documents in case the person to be examined is
visually challenged;
(iv) an interpreter or special educator, as the case may be, in case
the person to be examined is temporarily or permanently
mentally or physically disabled.
4. MINIMUM REQUISITES FOR VIDEO CONFERENCE
1) A desktop or laptop with internet connectivit, and printer
2) Device ensuring uninterrupted power supply
3) Video camera
4) Microphones and speakers
5) Display unit
6) Document visualize
7) Comfortable sitting arrangements ensuring privacy
8) Adequate lighting
9) Insulations as far as possible / proper acoustics
10) Digital signatures from licensed certifying authorities for the
coordinators at the court point and at the remote point.
5. COST OF VIDEO CON FERENCING:
1) in criminal cases, the expenses of the video conference facility
including expenses of preparing soft copies/certified copies of the court
record for sending to the coordinator at the remote point and fee
payable to translator/interpreter/special educator, as the case may be,
and to the coordinator at the remote point shall be borne by such party
as the court directs taking into account the Criminal Rules of Practice
and Circular orders 1990.
2) In civil cases, as general rule, the party making the request for
recording evidence by video conference shall bear the expenses.
a
3) In other cases, the court may make an order as to expenses as it
considers appropriate taking into account rules/instructions regarding
payment of expenses to complainant and witnesses as may be
prevalent from time to time.
6. PROCEDURES GENERALLY:
1) The identity of the person to be examined shall be confirmed
by the court with the assistance of the coordinator at remote point at
the time of recording of the evidence.
2) In civil cases, party requesting for recording statement of the person to
be examined by video conferencing shall confirm to the court location
of the person, his willingness to be examined by video conferencing,
place and facility of such video conferencing.
3) In criminal cases, where the person to be examined is a prosecution
witness or court witness, the prosecution and where person to be
examined is a defence witness, the defence counsel will confirm to the
court his location, willingness to be examined by video conferencing,
place and facility of such video conferencing.
4) In case person to be examined is an accused, prosecution will confirm
his location at remote point.
::1O::
.
5) Video conference shall ordinarily take place during the court hours.
However, the Court may pass suitable directions with regard to timings
of the video conferencing as the circumstances may dictate.
6) The record of proceedings induding transcription of statement shall be
prepared at the court point under supervision of the court and
accordingly authenticated. The soft copy of the transcript digitally
signed by the coordinator at the court point shall be sent by emaii
through NIC or any other Indian service provider to the remote point
where printout of the same will be taken and signed by the deponent.
A scanned copy of the statement digitally signed by coordinator at the
remote point would be sent by e-mail through NIC or any other Indian
service provider to the court point. The hard copy would also be sent
subsequently, preferably within three days of the recording, by the
coordinator at the remote point to the court point by courier/mail.
7) 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 his privacy keeping
in mind his age, gender and physical condition.
8) Where a party or a lawyer requests that in the course of video
conferencing some privileged communication may have to take place,
Court will pass appropriate directions in that regard.
a
9) The audiovisuaJ shall be recorded at the court point. An encrypted
master copy with hash value shall be retained in the court as part of
the record. Another copy shall also be stored at any other safe
location for backup in the event of any emergency. Transc1pt of the
evidence recorded by the Court shall be given to the parties as per
applicable rules. A party may be allowed to view the master copy of
the audio video recording retained in the Court on application which
shall be decided by the Court consistent with furthering the interests of
justice.
10) The coordinator at the remote point shall be paid such amount as
honorarium as may be decided by the Court in consultation with the
parties.
11) In case any party or his/her authorized person is desirous of being
physically present at the remote point at the time of recording of the
evidence, it shall be open for such party to make arrangements at
party’s own costs including for appearance/representation at the
remote point subject to orders to the contrary by the Court.
::12::
7. PUTTING DOCUMENTS TO A PERSON AT REMOTE POINT:
if in the course of examination of a person at a remote point by video
conference, it is necessary to put a document to him, the court may
permit the document to be put in the foHowing manner:
1) If the document is at the court point, by transmitting a copy of it to the
remote point electronically including through a document visualize
and the copy so transmitted being then put to the person;
2) If the document is at the remote point, by putting it to the person and
transmitting a copy of it to the court point electronically including
through a document visualize. The hard copy would also be sent
subsequently to the court point by courier/mall.
8. PERSONS UNCONNECTED WITH THE CASE:
1)Third parties may not be allowed to be present during video
conferencing subject to orders to the contrary, if any, by the Court.
2) Where, for any reason, a person unconnected with the case is present
at the remote point, then that person shall be identified by the
‘
13::
coordinator at the remote point at the start of the proceedings and
the purpose for his being present explained to the court.
9 CONDUCT OF PROCEEDINGS
1) Establishment and disconnection of links :ewe the court point
and the remote point would be regulated by orders of the court.
2) The court shall satisfy itself that the person to be examined at the
remote point can be seen and heard clearly and similarly that the
person to be examined at the remote point can clearly see and hear
the court.
10. CAMERAS:
1) The Court shall at all times have the ability to control the camera
view at the remote point so that there is an unobstructed view of all
the persons present in the room.
2) The court shall have a clear image of each deponent to the extent
possible so that the demeanour of such person may be observ’ed.
::14::
.
11. RESIDUARY CLAUSE:
Such matters with respect to which no express provision has been made
in these gukienes shall be decided by the Court consistent with
furthering the interests
? justice.
-o0o-
VIDEO CON FERENCING GUIDELINES ISSUED BY THE HIGH COURT
OF JUDICATURE AT HYDERABAD FOR THE STATE OF TEL.ANGANA
AND THE STATE OF ANDHRA PRADESH
GUIDELINES FOR THE CONDUCT OF COURT PROCEEDINGS
BETWEEN COURTS AND REMOTE SITES
Irtroduction:
Video conference facilities enabling audio and visual communication
between persons at different locations have now been installed in:
• The High Court of Judicature at Hyderabad for the State of Telangana
and the State of Andhra Pradesh.
• All the District Courts in the States of Telangana and Andhra Pradesh
and the Subordinate Courts in the units of City Civil Court, City Small
Causes Court, Metropolitan Sessions Judges Court, Hyderabad.
• District JaBs in the States of Telangana and Andhra Pradesh.
Video-conferencing provides Courts in the States of Telangana and
Andhra Pradesh with the facility to receive evidence and submissions from
witnesses or persons involved in Court proceedings in circumstances where it
would be expensive, inconvenient or otherwise not desirable for a person to
attend a Court in person. An over:riding factor is that the use of video
conferencing in any particular case must be consistent with furthering the
interests of justice and should cause minimal disadvantage to the parties.
However, it is for the Court to decide whether evidence should be recorded
by videoconferencing.
Even with the advancement of technology, there is a delay of
millisecond between video picture seen and sounds being heard. Allowances
appropriate to this time gap need to be made to avoid one participant talking
over another.
Microphones set up at the bench, the bar table and at the witness box
are highly sanse. Persons during a video conferencing should be mindful
that the video conference is activated until the same is disconnected and that
microphones are ‘iive” and as such all remarks are audible to the court.
L GENERAL:
1) In these guidelines, reference to the ‘court point’ means the Courtroom
or other place where the Court is sitting or the place where
Commissioner appointed by the Court to record the evidence by video
conference is sitting and the ‘remote point’ is the place where the
person to be examined via video conference is located, for example, a
prison.
2) Person to be examined includes a person whose deposition or
statement is required to be recorded or in whose presence certain
proceedings are to be recorded.
4
3) Wherever possible, proceedings by way of video conference shall be
conducted as judicial proceedings and the same courtesies and
protocols will be observed. All relevant statutory provisions applicable
to judicial proceedings including the provisions of the Information
Technology Act, 2000 and the Indian Evidence Act, 1872 shall apply
to the recording of evidence by video conference.
4) Video conferencing facilities can be used in all matters including
remands, bail applications and in civil and criminal trials where a
witness is located intrastate, interstate, or overseas. However, these
guidelines will not apply to proceedings under Section 164 of Cr.P.C.
5) The guidelines applicable to a Court will mutatis mutandis apply to a
Local Commissioner appointed by the Court to record the ñci€nce.
2 APPEARANCE BY VIDEO CONFERENCE:
A Court may either suo moto or on application of a party or a witness,
direct by a reasoned order that any person shall appear before it or give
evidence or make submissions to the Court through video conference.
3. PREPARATORY ARRANGEMENTS FOR VIDEO CONFERENCE.
1’ There shaH be Coordinators both at the court point as wefl as at the
remote point.
2) In the High Court, Registrar (I.TcuraCertraJ Project Coordinator)
shall be the coordinator at the court point.
3) In the District Courts, official-in-charge of the Video Conferencing
Facility (holding the post of Senior Assistant/Senior Personal
Assistant/District System Administrator or above) nominated by the
District Judge shall be the coordinator at the court point.
4) The Coordinator at the remote point may be any of the following:
i. Where the person to be examined is overseas, the Court may
specify the coordinator out of the following:
(a) The official of Consulate/Embassy of India,
(b) Duly certified Notary Public! Oath Commissioner,
::5::
4
ii. Where the person to be examined is in another State/U.T, a
judicial Magistrate as may be deputed by the District Judge
concerned.
iii. Where the person to be examined is in custody, the concerned
Jail Superintendent or any other responsible official deputed by
him,
iv. Where the person to be examined is in a hospital, public or
private, whether run by the Central Government, the State
Government, local bodies or any other person, the Medical
Superintendent or In-charge of the said hospital or any other
responsible official deputed by him,
v. Where the person to be examined is a juvenile or a child who is
an inmate of an Observation Home/Special Home/Children’s
Home! Shelter Home, the Superintendent/Officer In-charge of
that Home or any other responsible official deputed by him,
vi. Where the person to be examined is in women rescue homes,
the Superintendent / Officer In-charge of the women rescue
homes or any other responsible official deputed by him/her.
::6::
.
vii. Wherever a coordinator is to be appointed at the remote point
under Clause 3(4) SubClause (ii); (iii), (iv), (v) & (vi), the Court
concerned will make formal request through the District Judge
concerned to concerned official.
viii. In case of any other person, as may be ordered by the Court.
5)The coordinators at both the points shall ensure that the minimum
requirements as mentioned in the Guidelines No.4 are in position at
the court point and the remote point and shall conduct a test between
both the points well in advance, to resolve any technical problem so
that the proceedings are conducted without interruption.
6) It shall be ensured by the coordinator at the remote point that:
(i) The person to be examined or heard is available and ready at the
room earmarked for the video conference at least 30 minutes
before the schedule tirre.
(ii) No other recording device is permitted except the one installed in
the video conferencing room.
(iii) Entry into the video conference room is regulated.
::7::
a.
7) It shall be ensured by the coordinator at the court point that the
coordinator at the remote point has certified copies or soft copies of
all or any part of the court record in a sealed cover directed by the
Court sufficiently in advance of the scheduled video conference.
8)The court shall order the coordinator at the remote point or at the
court point where it is more convenient, to provide:
(I) a translator in case the person to be examined is not conversant
with Court language;
(ii) an expert in sign language in case the person to be examined is
speech and/or hearing impaired;
(iii) for reading of documents in case the person to be examined is
visually challenged;
(iv) an interpreter or special educator, as the case may be, in case
the person to be examined is temporarily or permanently
mentally or physically disabled.
4. MINIMUM REQUISITES FOR VIDEO CONFERENCE
1) A desktop or laptop with internet connectivit, and printer
2) Device ensuring uninterrupted power supply
3) Video camera
4) Microphones and speakers
5) Display unit
6) Document visualize
7) Comfortable sitting arrangements ensuring privacy
8) Adequate lighting
9) Insulations as far as possible / proper acoustics
10) Digital signatures from licensed certifying authorities for the
coordinators at the court point and at the remote point.
5. COST OF VIDEO CON FERENCING:
1) in criminal cases, the expenses of the video conference facility
including expenses of preparing soft copies/certified copies of the court
record for sending to the coordinator at the remote point and fee
payable to translator/interpreter/special educator, as the case may be,
and to the coordinator at the remote point shall be borne by such party
as the court directs taking into account the Criminal Rules of Practice
and Circular orders 1990.
2) In civil cases, as general rule, the party making the request for
recording evidence by video conference shall bear the expenses.
a
3) In other cases, the court may make an order as to expenses as it
considers appropriate taking into account rules/instructions regarding
payment of expenses to complainant and witnesses as may be
prevalent from time to time.
6. PROCEDURES GENERALLY:
1) The identity of the person to be examined shall be confirmed
by the court with the assistance of the coordinator at remote point at
the time of recording of the evidence.
2) In civil cases, party requesting for recording statement of the person to
be examined by video conferencing shall confirm to the court location
of the person, his willingness to be examined by video conferencing,
place and facility of such video conferencing.
3) In criminal cases, where the person to be examined is a prosecution
witness or court witness, the prosecution and where person to be
examined is a defence witness, the defence counsel will confirm to the
court his location, willingness to be examined by video conferencing,
place and facility of such video conferencing.
4) In case person to be examined is an accused, prosecution will confirm
his location at remote point.
::1O::
.
5) Video conference shall ordinarily take place during the court hours.
However, the Court may pass suitable directions with regard to timings
of the video conferencing as the circumstances may dictate.
6) The record of proceedings induding transcription of statement shall be
prepared at the court point under supervision of the court and
accordingly authenticated. The soft copy of the transcript digitally
signed by the coordinator at the court point shall be sent by emaii
through NIC or any other Indian service provider to the remote point
where printout of the same will be taken and signed by the deponent.
A scanned copy of the statement digitally signed by coordinator at the
remote point would be sent by e-mail through NIC or any other Indian
service provider to the court point. The hard copy would also be sent
subsequently, preferably within three days of the recording, by the
coordinator at the remote point to the court point by courier/mail.
7) 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 his privacy keeping
in mind his age, gender and physical condition.
8) Where a party or a lawyer requests that in the course of video
conferencing some privileged communication may have to take place,
Court will pass appropriate directions in that regard.
a
9) The audiovisuaJ shall be recorded at the court point. An encrypted
master copy with hash value shall be retained in the court as part of
the record. Another copy shall also be stored at any other safe
location for backup in the event of any emergency. Transc1pt of the
evidence recorded by the Court shall be given to the parties as per
applicable rules. A party may be allowed to view the master copy of
the audio video recording retained in the Court on application which
shall be decided by the Court consistent with furthering the interests of
justice.
10) The coordinator at the remote point shall be paid such amount as
honorarium as may be decided by the Court in consultation with the
parties.
11) In case any party or his/her authorized person is desirous of being
physically present at the remote point at the time of recording of the
evidence, it shall be open for such party to make arrangements at
party’s own costs including for appearance/representation at the
remote point subject to orders to the contrary by the Court.
::12::
7. PUTTING DOCUMENTS TO A PERSON AT REMOTE POINT:
if in the course of examination of a person at a remote point by video
conference, it is necessary to put a document to him, the court may
permit the document to be put in the foHowing manner:
1) If the document is at the court point, by transmitting a copy of it to the
remote point electronically including through a document visualize
and the copy so transmitted being then put to the person;
2) If the document is at the remote point, by putting it to the person and
transmitting a copy of it to the court point electronically including
through a document visualize. The hard copy would also be sent
subsequently to the court point by courier/mall.
8. PERSONS UNCONNECTED WITH THE CASE:
1)Third parties may not be allowed to be present during video
conferencing subject to orders to the contrary, if any, by the Court.
2) Where, for any reason, a person unconnected with the case is present
at the remote point, then that person shall be identified by the
‘
13::
coordinator at the remote point at the start of the proceedings and
the purpose for his being present explained to the court.
9 CONDUCT OF PROCEEDINGS
1) Establishment and disconnection of links :ewe the court point
and the remote point would be regulated by orders of the court.
2) The court shall satisfy itself that the person to be examined at the
remote point can be seen and heard clearly and similarly that the
person to be examined at the remote point can clearly see and hear
the court.
10. CAMERAS:
1) The Court shall at all times have the ability to control the camera
view at the remote point so that there is an unobstructed view of all
the persons present in the room.
2) The court shall have a clear image of each deponent to the extent
possible so that the demeanour of such person may be observ’ed.
::14::
.
11. RESIDUARY CLAUSE:
Such matters with respect to which no express provision has been made
in these gukienes shall be decided by the Court consistent with
furthering the interests
? justice.
-o0o-
