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NCT Delhi - Section

Section 5 in High Court of Delhi Rules for Video Conferencing for Courts 2020

5. Preparatory Arrangements

5.1There shall be a Coordinator both at the Court Point and at the Remote Point from which any Required Person is to be examined or heard . However, Coordinator may be required at the Remote Point only when a witness or a person accused of an offence is to be examined .
5.2In the civil and criminal Courts falling within the purview of the district judiciary, persons nominated by the High Court or the concerned District Judge, shall perform the functions of Coordinators at the Court Point as well as the Remote Point as provided in Rule 5.3 .
5.3The Coordinator at the Remote Pointmay be any of the following
Sub Rule Where the Advocate or Required Person is at thefollowing Remote Point: The Remote Point Coordinatorshall be :
5.3.1 Overseas An official of an Indian Consulate /the relevant Indian Embassy / therelevant High Commission of India
5.3.2 Court of another state or union territory of India Any authorized official nominatedby the concerned District Judg
5.3.3 Mediation Centre or office of District Legal ServicesAuthority ny authorized person / officialnominated by the Chairperson orSecretary of the concerned DistrictLegal Services Authority
5.3.4 Jail or prison The concerned Jail Superintendentor Officer - in - charge of the prison .
5.3.5 Hospitals administered by the Central Government, theState Government or local bodies Medical Superintendentofficial authorized by them or theperson in charge of the saidhospital
5.3.6 Observation Home, Special Home, Children's Home,Shelter Home, or any institution referred to as a childfacility (collectively referred to as child facilities) andwhere the Required Person is a juvenile or a child or aperson who is an inmate of such child facility The Superintendent or Officer incharge of that child facility or anofficial authorized by them .
5.3.7 Women's Rescue Homes , Protection Homes, ShelterHomes, Nari Niketans or any institution referred to as awomen's facility (collectively referred to as women'sfacilities ) . The Superintendent or Officer- incharge of the women's facility or anofficial authorized by them
5.3.8 In custody , care or employment of any other governmentoffice, organization or institution (collectively referred toas institutional facilities) The Superintendent or Officer - incharge of the institutional facility oran official authorized by them
5.3.9 Forensic Science Lab The Administrative officer - incharge or their nominee
5.3.10 In case of any other location The concerned Court may appointany person deemed fit and properwho is ready and willing to renderservices as a Coordinator to ensurethat the proceedings are conductedin a fair , impartial and independentmanner and according to thedirections issued by the Court inthat behalf .
5.3.11Notwithstanding the provisions of Clause 5.3.1, where witness examination is to take place in a criminal case of a person located outside the country , the provisions of the “ Comprehensive Guideline for investigation abroad and issue of Letters Rogatory (LRs) / Mutual Legal Assistance (MLA ) Request and
Service of Summons | Notices / Judicial documents in respect of Criminal Matters" (available at http://164.100.117.97/WriteReadData/userfiles/ISII ComprehensiveGuidelinesMutualLegalAssistance_17122019.pdf ) will be followed to the extent they comport with the provisions of the CrPC and the Evidence Act. Furthermore , before the Court employs its discretion to carry out witness examination via video conference, it will obtain the consent of theaccused , 5.4 When a Required Person is at any of the Remote Points mentioned in Sub Rule 5.3 and video conferencing facilities are not available at any of these places the concerned Court will formally request the District Judge , in whose jurisdiction the Remote Point is situated to appoint a Coordinator for and to provide a video conferencing facility from proximate and suitable Court premises.
5.5The Coordinators at both the Court Point and Remote Point shall ensure that the recommended requirements set out in Rule 4 are complied with so that the proceedings are conducted seamlessly .
5.6The Coordinator at the Remote Point shall ensure that:
5.6.1All Advocates and /or Required Persons scheduled to appear in a particular proceeding are ready at the Remote Point designated for video conferencing at least 30 minutes before the scheduled time.
5.6.2No unauthorised recording device is used .
5.6.3No unauthorised person enters the video conference room when the video conference is in progress .
5.6.4The 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 concerned Court during the examination.
5.7Where the witness to be examined through video conferencing 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 transmit non -editable digital scanned copies of all or any part of the record of the proceedings to the official email account of the Coordinator of the concerned Remote Point designated under Rule 5.3 .
5.8Before the scheduled video conferencing date , the Coordinator at the Court Point shall ensure that the Coordinator at the Remote Point receives certified copies, printouts or a soft copy of the non - editable scanned copies of all or any part of the record of proceedings which may be required for recording statements or evidence , or for reference. However, these shall be permitted to be used by the Required Person only with the permission of the Court.
5.9Whenever required the Court shall order the Coordinator at the Remote Point or at the Court Point to provide
5.9.1A translator in case the person to be examined is not conversant with the official language of the Court.
5.9.2An expert in sign languages in case the person to be examined is impaired in speech and /or hearing.
5.9.3An interpreter or a special educator, as the case may be , in case a person to be examined is differently abled , either temporarily or permanently .