Section 8 in High Court of Delhi Rules for Video Conferencing for Courts 2020
8. Examination of persons
8.1Any person being examined , including a witness shall, before being examined through video conferencing, produce and file proof of identity by submitting an identity document issued or duly recognized by the Government of India , State Government, Union Territory , or in the absence of such a document, an affidavit attested by any of the authorities referred to in Section 139 of the CPC or Section 297 of the CrPC , as the case may be. The affidavit will inter alia state that the person , who is shown to be the party to the proceedings or as a witness, is the same person , who is to depose at the virtual hearing . A copy of the proof of identity or affidavit , as the case may be , will be made available to the opposite party.8.2The person being examined will ordinarily be examined during the working hours of the concerned Court or at such time as the Courtmay deem fit . The oath will be administered to the person being examined by the Coordinator at the Court Point. 8.3 Where the person being examined , or the accused to be tried , is in custody , the statement or, as the case may be, the testimony , may be recorded through video conferencing. The Court shall provide adequate opportunity to the under -trial prisoner to consult in privacy with their counsel before , during and after the video conferencing.8.4Subject to the provisions for the examination of witnesses contained in the Evidence Act, before the examination of the witness , the documents, if any , sought to be relied upon shall be transmitted by the applicant to the witness , so that the witness acquires familiarity with the said documents . The applicant will file an acknowledgement with the Court in this behalf.8.5If a person is examined concerning a particular document then the summons to witness must be accompanied by a duly certified photocopy of the document. The original document should be exhibited at the Court Point as per the deposition of the concerned person being examined .8.6The Court would be at liberty to record the demeanour of the person being examined .8.7The Court will note the objections raised during the deposition of the person being examined and rule on them .8.8The Court shall obtain the signature of the person being examined on the transcript once the examination is concluded . The signed transcript will form part of the record of the judicial proceedings. The signature on the transcript of the person being examined shall be obtained in either of the following ways:8.8.1If digital signatures are available at both the concerned Court Point and Remote Point, the soft copy of the transcript digitally signed by the presiding Judge at the Court Point shall be sent by the official e-mail to the Remote Point where a print out of the same will be taken and signed by the person being examined . A scanned copy of the transcript digitally signed by the Coordinator at the Remote Point would be transmitted by official email to the Court Point. The hard copy of the signed transcript will be dispatched after the testimony is over, preferably within three days by the Coordinator at the Remote Point to the Court Point by recognised courier/registered speed post.8.8.2If digital signatures are not available , the printout of the transcript shall be signed by the presiding Judge and the representative of the parties , if any , at the Court Point and shall be sent in non -editable scanned format to the official email account of the Remote Point, where a printout of the same will be taken and signed by the person examined and countersigned by the Coordinator at the Remote Point. A non -editable scanned format of the transcript so signed shall be sent by the Coordinator of the Remote Point to the official email account of the Court Point, where a print out of the same will be taken and shall be made a part of the judicial record . The hard copy would also be dispatched preferably within three days by the Coordinator at the Remote Point to the Court Point by recognised courier /registered speed post .8.9An audio -visual recording of the examination of the person examined shall be preserved . An encrypted master copy with hash value shall be retained as a part of the record .8.10The Court may, at the request of a person to be examined , or on its own motion , taking into account the best interests of the person to be examined , direct appropriate measures to protect the privacy of the person examined bearing in mind aspects such as age , gender, physical condition and recognized customs and practices8.11The Coordinator at the Remote Point shall ensure that no person is present at the Remote Point, save and except the person being examined and those whose presence is deemed administratively necessary by the Coordinator for the proceedings to continue.8.12The Court may also impose such other conditions as are necessary for a given set of facts for effective recording of the examination (especially to ensure compliance with Rule 5.6.4 ).8.13The examination shall , as far as practicable, proceed without interruption or the grant of unnecessary adjournments. However, the Court or the Commissioner as the case may be will be at liberty to determine whether an adjournment should be granted , and if so , on what terms.8.14The Court shall be guided by the provisions of the CPC and Chapter XXIII, Part B of the CrPC , the Evidence Act and the IT Act while examining a person through video conferencing.8.15Where a Required Person is not capable of reaching the Court Point or the Remote Point due to sickness or physical infirmity , or presence of the required person cannot be secured without undue delay or expense , the Court may authorize the conduct of video conferencing from the place at which such person is located . In such circumstances , the Court may direct the use of portable video conferencing systems. Authority in this behalf may be given to theconcerned Coordinator and /or any person deemed fit by the Court .8.16Subject to such orders as the Court may pass, in case any party or person authorized by the party is desirous of being physically present at the Remote Point at the time of recording of the testimony, such a party shall make its arrangement for appearance /representation at the Remote Point.
