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Section 10: Preparatory arrangements

The High Court of Uttarakhand Electronic Communication and Audio-Video Electronic Means (Nyay Shruti) Rules, 2025State Rules of Uttarakhand · 2023

10.1 The coordinator at the designated place/remote point shall ensure that;

(a) the required persons scheduled to appear in a particular proceeding are ready at the remote point/designated place for video conferencing well before the scheduled time;

(b) no unauthorized recording device is used;

(c) no unauthorized person enters the remote point or designated place when the video conference is in progress;

(d) 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 Court concerned during the course of examination.

10.2 Where the witness to be examined through video conferencing or other audio-visual electronic communication 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 provide the copies of all or any part of the relevant documents in electronic form to the coordinator of the concerned remote point.

10.3 Before the scheduled video conferencing, the Court shall ensure that the coordinator at the designated place or remote point receives in electronic form, copies of all or any part of the documents which may be required for recording of evidence, or for reference of the witness. However, coordinator shall allow such documents in electronic form to be used by the required person only with the permission of the Court.

10.4 Whenever required, the Court shall order the coordinator at the remote point or at the court point to providea. a translator in case the person to be examined is not conversant with the official language of the court;

b. an expert in sign languages in case the person to be examined is impaired in speech and/or hearing;

c. 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;

d. a person for reading of documents in case the person to be examined is visually challenged.

CHAPTER IV PROCEDURE FOR VIDEO CONFERENCING

11. Appearance through video conferencing and other modes of audio-visual electronic communication-

11.1 In criminal cases, any party to the proceedings or witness, save and except where proceedings are initiated at the instance of the Court or on request of public prosecutor, may move a request for presence and proceedings through video conferencing as mentioned in SCHEDULE-V.

11.2 In civil cases, the court may, as its discretion or on request of any of the parties, initiate process for hearing of any case through video conferencing and other modes of audio-visual electronic communication.

VC (Nyay Shruti) Rules, 2025 Page 7

11.3 While allowing a request for video conferencing the Court may also fix the schedule for convening the video conferencing.

11.4 An advocate may appear from advocate's remote point for making submissions or for examination of witnesses.

11.5 Where video conferencing proceedings are conducted for making oral submissions, the order may require the advocate or party in person to submit written arguments and precedents, if any, in advance.

12. Service of processes- Processes issued to a witness who is to be examined through video conferencing, shall mention the date, time and venue of the concerned designated place and shall direct the witness to attend in person along with proof of identity. If a person is examined with reference to a particular document then the process to witness must be accompanied by a copy of the document:

Provided that nothing in this rule shall preclude a court from conducting trials, inquires and proceedings in electronic mode, by use of electronic communication or use of audio-video electronic means.

13. Examination of persons and witnesses through video conferencing and other modes of audio-visual electronic communication-

13.1 The person being examined through video conferencing and other modes of audio-visual electronic communication shall ordinarily be examined during the working hours of the court concerned or at such time as the court may deem fit.

13.2 Where the person being examined is an accused, the court shall provide adequate opportunity to consult with his advocate before and after the video conferencing.

13.3 The Court shall read over and explain the evidence recorded to the witness and obtain the signature of the person being examined on the transcript immediately after the examination is concluded. The signed transcript shall 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.- a. If digital signatures are available at both the concerned Court Point and remote point, the copy of the transcript digitally signed by the presiding officer at the Court Point shall be sent by the designated video conferencing software or official e-mail to the coordinator at remote point where a print out of the same shall be taken and signed by the person being examined. A scanned copy of the transcript digitally signed by the coordinator at the remote point shall be transmitted by the designated video conferencing software or official e-mail of the Court Point;

b. If digital signatures are not available, the printout of the transcript shall be signed by the presiding Judge, at the Court Point and shall be sent in noneditable scanned format by the designated video conferencing software or official e-mail account of the designated place or e-mail of the coordinator at remote point where a printout of the same shall be taken and signed by the person examined and countersigned by the coordinator at the remote VC (Nyay Shruti) Rules, 2025 Page 8 point. A non-editable scanned format of the transcript so signed shall be sent by the coordinator at the remote point by the designated video conferencing software or official e-mail to the Court Point where a print out of the same shall be taken and shall be made a part of the judicial record.

c. If the statements of witness are being recorded in CIS- “Witness Statement Recording Module”, the same may be e-signed or digitally signed by the presiding officer at the Court Point and shall be sent by the designated video conferencing software or official e-mail to the coordinator at remote point which can be e-signed or digitally signed by the person being examined and e-signed or digitally countersigned by the coordinator at the remote point and sent back to Court Point through the designated video conferencing software or official e-mail.

13.4 The court may, at the request of a person to be examined, or on its own motion, taking into account the best interest 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.

13.5 The coordinator at the designated place 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.

13.6 The court may also impose such other conditions as are necessary in for effective hearing of cases through video conferencing and other modes of audio-video electronic communication.

13.7 If the court thinks fit, the required person may be permitted to connect through video conferencing or other modes of audio-visual electronic communication from the place of his residence or work:

Provided that evidence of a witness shall be recorded only from the designated place, except in situation hereinafter provideda. Where a required person is not capable of reaching the Court Point or the designated place due to sickness or physical infirmity, or whose presence cannot be secured without undue delay or expense, the Court may authorize 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 and ensure presence as it may deem fit.

b. Where the court is of opinion, for the reasons recorded in writing that, evidence of the witness cannot be effectively recorded, may decline to examine such witness through video conferencing.

14. 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:

a. if the document is at Court Point, by transmitting the document through document visualizer;

VC (Nyay Shruti) Rules, 2025 Page 9 b. if the document is at Court Point, but document visualizer is not available, by transmitting a copy or image of the document to the remote point electronically through the designated video conferencing software or official e-mail;

c. if the document is at the remote point, by transmitting a copy or image of the document to the Court Point electronically through the designated video conferencing software or official e-mail. The hard copy of the document counter signed by the witness and the coordinator at the designated place shall also be dispatched to the Court Point.

Where this provision sits

ActThe High Court of Uttarakhand Electronic Communication and Audio-Video Electronic Means (Nyay Shruti) Rules, 2025
Section10
Marginal notePreparatory arrangements
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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