Rajasthan High Court Notifies 'Video Conferencing Rules' For HC, Subordinate Courts

The Rajasthan High Court has notified the Rajasthan High Court Rules for Video Conferencing for Courts 2020 which shall be applicable to the proceeding of the High Court of Judicature for Rajasthan and all the Subordinate Courts of the Rajasthan with immediate effect.

The Rules state that Video conferencing facilities may be used at all stages of judicial proceedings. The Rules also make it clear that "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".

It also states that "all relevant statutory provisions applicable to judicial proceedings including provisions of the CPC, CrPC, Contempt of Courts Act, 1971, Indian Evidence Act, 1872, and Information Technology Act, 2000, shall apply to proceedings conducted by video conferencing".

It states that there shall be no unauthorized recording of the proceedings by any person or entity

Examination of persons

The rules provide that where the persons, who are being examined, or the accused to be tried, is ln custody, the statement, or, as the case may be, the testimony, may be recorded through video conferencing and 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

The Court would be at liberty to record the demeanor of the person being examined.

An audio-visual recording of the examination of the person examined shall be preserved. An encrypted master copy with hash value shall be retained as a part of the record.

Judicial remand, framing of charge, examination of accused, and Proceedings under Section 164 of the CrPC

As per the rules, the Court may, at its discretion, authorize the detention of an accused, frame charges in a criminal trial under the CrPC by video conferencing. However, they rules further provide that 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.

The Court may, the rules provide, in exceptional circumstances, for reasons to be recorded in writing, examine a witness or an accused under Section 164 of the CrPC or record the statement of the accused under Section 313 CrPC through video conferencing, while observing all due precautions to ensure that the witness or the accused as the case may be is free of any form of coercion, threat or undue influence. The Court shall ensure compliance with Section 26 of the Evidence Act.

Allowing persons who are not parties to the case to view the proceedings

In order to observe the requirement of an open Court proceeding, the rules allow the members of the public to view Court hearings conducted through video conferencing, except proceedings ordered for reasons recorded in writing to be conducted in-camera.

The rules also stated that the Court shall endeavour to make available sufficient links (consistent with available bandwidth) for accessing the proceedings.

However, 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.

Requirements for VC hearing as mentioned in the Rules

• 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.\
• Proceedings shall be conducted at the appointed date and time. Punctuality shall be scrupulously observed.
• The case will be called out and appearances shall be recorded on the direction of the Court.
• 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"
• Advocates, Required Persons, parties in person and other participants shall keep their microphones muted till they are called upon to make submissions.
• Remote Users shall ensure that their devices are free from malware.
• 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.
• All participants' cell phones shall remain switched off or in aeroplane mode during the proceedings.
• All participants should endeavour to look into the camera, remain attentive and not engage in any other activity during the course of the proceedings.

Click Here To Download VC Rules

Read VC Rules