Introduction:
After the discovery of computers and other electronic equipment, Earth has become a global village. With the invention of digital technology science, commerce, arts every group is using this blessing and our legal profession is not an exception to utilize this gift of science. Digitalization is going on for speedy, efficient working. E-governance is the bridge by which government and governed became closer to access to all the government services and it has helped the government to know the public demand. After the introduction of the National Judicial Data Grid Judicial system has become transparent to the general public. Online interview, video calling is not an image sown in dream but reality. After some years video conference is used in judicial proceedings. This research is to address how and to what extent video conference will ensure better administration of justice.
“A video meeting could be a live, visual association between 2 or more people living in separate locations for the objective of communication. At its simplest, video conferencing provides transmission of static pictures and text between 2 locations. At its most sophisticated, it provides transmission of full-motion video pictures and high-quality audio between multiple locations.” Video conference could be a tool by that distance are often erased. It’s a strong communication tool. Video conference has become very popular. It saves time and cash.
We are able to see within the news channel that if any minister or any government official could it centre or state if didn’t participate in any meeting known as on by involved government by video conferencing can attain the meeting nearly. President or Prime Minister of India if on the tour of any foreign Country for acceptive their invite, however, got to attain either for granting permission or for taking any necessary call then video conference solves the matter instantly. the foremost positive factor of a video conference is there are not any time certain for video conference; anytime, any day, anyplace with the assistance of communication technology. Judiciary conjointly adopt this invention of science for fast disposal of cases and for providing economical, clear, time-bound, national centrical service. Video conference and its impact on judiciary are mentioned in the next purpose.
Tools
To ascertain video conference many tools are required. A screen or monitor and a camera or digital camera with an electro-acoustic transducer is needed. Any style of the screen may be used. An ISDN telephone line provided by BT is used to transmit the images and sound electronically between the locations. A connection is created by dialling the telephone number allotted to the relevant location.2 an external electro-acoustic transducer may be a private receiver, which may be a cost-effective resolution. Omni-directional microphones will higher record and transmit dialogue whereas technically video conferencing may be done over a dial-up web connection, to own a high-quality connection and low lag between communications, a high-speed connection between all taking part sights could be a necessity. digital subscriber line and cable connections similarly as T1 lines are wonderful choices for video-conferencing connections
Role of Video Conference
In judicial proceedings:- High court of Delhi sets guidelines on video conferencing. A quote from Annexure A of Hon’ble Court’s notification is as follows-
Video-conferencing facilities offer Courts in an urban centre with the capability to receive evidence and submissions from witnesses or persons concerned in Court proceedings in circumstances wherever it might be expensive, inconvenient or otherwise not desirable for an individual to attend a Court in person. An over-riding factor is that the utilization of video-conferencing in any particular case should be according to furthering the interests of justice and will cause bottom disadvantage to the parties. However, it’s for the Court to choose whether or not proof ought to be recorded by video-conferencing. Even with the advancement of technology, there’s a delay of milliseconds between video image seen and sounds being detected. Allowances acceptable to the current time gap have to be compelled to be created to avoid one participant talking over altogether. Microphones set up at the bench, the bar table and at the box are sensitive. Persons throughout a video conferencing ought to assume from the time the video conference is activated till the same is disconnected that microphones are ‘live’ and as such all remarks are hearable to the Court.
Where possible, proceedings by means of video conference shall be conducted as Judicial proceedings and therefore the same courtesies and protocols are discovered. All, relevant statutory provisions applicable to judicial proceedings together with the provisions of the Information Technology Act, 2000 and therefore the Indian Evidence Act, 1872 shall apply to the recording of evidence by video conference. Video conferencing facilities are often used in all matters including remands, bail applications and in civil and criminal trials wherever a witness is found intrastate, interstate, or overseas. However, these guidelines won’t apply to proceedings below section 164 of Cr.P.C. The rules applicable to a Court can mutatis mutandis apply to an area Commissioner appointed by the Court to record the evidence. A Court might either suo-moto or on application of a witness, direct by a reasoned order that any individual shall seem before it or provide evidence or make submissions to the Court through video conference.” By all tools of video conference Court proceeding carried on as it would be carried without it.
Positives of Video Conference in Judicial Proceedings
Witness and their testification are extremely necessary in every judicial proceeding. Usually, court proceedings speed become slower if witnesses failed to testify on the given date by the Hon’ble Judges for that case. Their absence makes an effort lengthy. It is accepted that witnesses because of threat or for any thought couldn’t present within the court for saving his life. That’s why the spirit of Justice and its administration hampers, delay happens. It is also an indisputable fact that any interested parties or witnesses if lived in any remote areas then securing their presence within the court hours a while terribly tough. The video conference will be the solutions here.
In the State of Maharashtra vs. Dr Praful Desai[1] case it absolutely was stated- “Evidence will be both oral and documentary and electronic records will be created as evidence. This suggests that evidence, even in criminal matters, may be by way of electronic records. This would embrace video-conferencing.”
“Court also emphasised on the advantages of deposition through video conferencing and said that aside from touching, the court will see, hear and observe, as if parties and therefore the judicial system all are underneath one roof. Along with this, the behaviour and manner of the witnesses will be observed and specifically, depositions will be detected and reheard through playback of recordings as many time as court or parties might need, therefore, this facility of playback at want can provide bring extra efficiency whereas doing cross-examinations. However, the court clearly supported that there could also be circumstances wherever in-person presence could also be necessary and in these cases, it’d be obligatory for the required person to be present in court.”
Justice AK Goel and Justice UU Lalit[2] u/s 13 observed that-
“The litigants ought to travel to this court and spend on litigation. Question is whether or not this may be avoided. We are therefore of the read that it’s necessary to issue sure directions which can give alternatives to seeking transfer of proceedings on account of the inability of a party to contest proceedings at a place far from their normal residence on the bottom that if proceedings don’t seem to be transferred, it’ll end in denial of justice. Trial courts ought to use video-conference imply recording evidence rather than insistence on personal appearances throughout hearings”
Video conference also saves legion public cash. Like Kasab case, any criminal suspect of any heinous crime wherever risk is there to provide him in Court and also costly will be present through video conference in jail. Police have the legion duty and one in every of it’s to require all suspect person from jail for securing a presence in court and when trial remit to jail. The whole method is time-intense, costly and a massive burden of the police official. We all know that there is a lack of police officials, therefore, one law enforcement officials has twenty nine sorts of duty. This hampers his energy and become the rationale of incomplete or hotchpotch investigation and it’s the one in every of the explanations of increasing so many under trials in jail.
Conclusion
Video conferencing could be a noble plan however the bitter truth is our network connection isn’t thus strong. Especially within the remote areas or some areas wherever still no electricity is accessible, it’s unimaginable for fitting the connection. The signalling system is poor somewhere. Video buffering is also another downside because of bad weather. There is also a lack of awareness, information of IT application in a district. Video Conference tools are expensive additionally. Another disadvantage is the lack of private face to face communication or visual communication. It is additionally a barrier of a court if any parties reside in numerous zone. Everything has pros and cons thus I need to conclude this analysis by quoting the words of Justice Bhagwati within the case of National Textile Workers’ Union v. P.R. Ramakrishnan[3]-
“We cannot permit the dead hand of the past to stifle the expansion of the living present. Law cannot stand still; it should modification with the ever-changing social ideas and values. If the bark that protects the tree fails to grow and expand beside the tree, it’ll either choke the tree or if it’s a living tree, it’ll shed that bark and grow a new living bark for itself. Similarly, if the law fails to reply to the requirements of adjusting society, then either it’ll stifle the expansion of the society and choke its progress or if the society is vigorous enough, it’ll toss the law that stands within the manner of its growth. Law should thus constantly be on the move adapting itself to the fast ever-changing society and not lag behind.”
References:
KAUSTAV Video Conference: better administration of Justice? April 5, 2020 vidhikarya.com.
[1] The State of Maharashtra vs. Dr Praful Desai AIR 2003 (4) SCC 601
[2] Justice AK Goel and Justice UU Lalit March 9 /2017 Case No.179A/2013
[3] National Textile Workers’ Union v. P.R. Ramakrishnan[2] (1983) one SCC 228
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