News By/Courtesy: Shruti | 10 Jul 2021 16:21pm IST

HIGHLIGHTS

  • In a mutual application, a Delhi Court authorised the recording of evidence by video conferencing, on behalf of the parties.
  • In the wake of Covid's 19 pandemic, the Delhi HC and the District Court have heard urgent questions in the form of video conference.
  • During recording of its evidence the complainant shall not utilise mobile phone/communication devices.

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:

  • The complainant is given a soft copy of the transcript (carrying the digital signature of a court signed) by means of the official e-mail-id of the court upon completion of the cross-transcript complainant's and the complainant is requested to affix his signature to the transcript after having print it out.
  • The complainant must send a scanned copy of the transcript on a court official e-mail after the signature has been affixed to the printed copy of the transcript. However, the learned advocate has argued for the complainant that he is going to ensure that the complainant appears in his home for records of his evidence via VC; and not from the office/chamber of the learning counsel for the complainant in order to avoid unnecessary tutoring and prompting.

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.

Section Editor: Miss Lucky Sinha | 10 Jul 2021 20:58pm IST

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Tags : #VC Mode #DelhiHighCourt #RecordingofEvidence

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