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State of Uttar Pradesh - Section

Section 12 in RULES FOR VIDEO CONFERENCING FOR COURTS IN THE STATE OF UTTAR PRADESH, 2020

12. General procedure

12.1The procedure set out hereafter in this chapter is without prejudice to the procedure indicated else where in these Rules qua specific instances in which proceedings are conducted via video conferencing.
12.2The Coordinator at the Court Point shall ensure that video conferencing is conducted only through a Designated Video Conferencing Software. However, in the event of a technical glitch during a given proceeding, the concerned Court may for reasons to be recorded, permit the use of a software other than the Designated Video Conferencing Software for video conferencing in that particular proceeding.
12.3The identity of the person to be examined shall be confirmed by the Court with the assistance of the Coordinator at the Remote Point in accordance with Rule 8.1, at the time of recording of the evidence and the same must be reflected in the order sheet of the Court.
12.4In civil cases, parties requesting for recording statements of the person to be examined through video conferencing shall confirm to the Court, the location of the person, the willingness of such person to be examined through video conferencing and the availability of technical facilities forvideo conferencing at the agreed upon time and place.
12.5In criminal cases, where the person to be examined is a prosecution witness or a Court witness, or where a person to be examined is a defence witness, the counsel for the prosecution or defence counsel, as the case may be, shall confirm to the Court the location of the person, willingness tobe examined through video conferencing and the time, place and technical facility for such video conferencing.
12.6In case the person to be examined is an accused, the prosecution will confirm the location of the accused at the Remote Point.
12.7Video conferencing shall ordinarily take place during the Court hours. However, the Court may pass suitable directions concerning the timing and schedule of video conferencing as the circumstances may warrant.
12.8If the accused is in custody and not present at the Court Point, the Court will order a multi-point video conference between itself, the witness and the accused in custody to facilitate recording of the statement of the witness (including medical or other expert). The Court shall ensure that the defence of the accused is not prejudiced in any manner and that the safeguards contained in Rule 8.3 are observed.
12.9The Coordinator at the Remote Point shall be paid such amount as honorarium as may be directed by the Court in consultation with the parties.