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A Delhi Court has allowed evidence to be recorded in mutual request, moved on behalf of the parties, by means of video-conferencing. Metropolitan Judge Devanshu Sajlan ordered that the above exercise be carried out in line with the videoconference rules set out in the Delhi HC: "The problem is a "five-year issue." Both parties were willing to record evidence using VC. As a result, the parties may make a mutual oral application on their behalf."
The Court has ordered the preservation of an audio-visual recording of the complainant's examination. In addition, it is also directed to retain an encrypted master copy with the hash value. "To enable both parties and their counsel in real-time to follow and read the transcript, the evidence must be transcribed in the Cisco Webex 'Screen sharing option.” The Court noting that all efforts have been made by recording evidence of VC, however, that the practice may be adjourned if, during the recording of evidence, the witness or complainant deliberately disconnects his Internet access. "The courts are aware that problems with Internet connectivity could be considered an excuse if the learned lawyer does not reply to the questions of a witness and if he is to allow the witness to make an appeal," said the court.
The following are other directions:
During the recording of its evidence, the complainant shall not utilize mobile phone/communication devices. In addition, it shall ensure that the complainant has an appropriate internet connection so that the recording of his evidence does not cause any disruption. In the wake of Covid's 19 pandemics, the Delhi HC and the District Court have heard urgent questions in the form of video conferences.
Tags : #VC Mode #DelhiHighCourt #RecordingofEvidence
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