Early Times Report
JAMMU, Apr 9: In a major leap towards digitizing the judicial process, the High Court of Jammu & Kashmir and Ladakh has notified the "Video Conferencing (Nyaya Shruti) Rules, 2025", revolutionizing the way trials, inquiries, and other judicial proceedings will be conducted in the Union Territories.
The notification, issued by the High Court through its Registrar General Shahzad Azeem formalizes the extensive use of electronic and audio-visual communication across the district judiciary, aligning with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
"Whereas, in order to avoid delay in judicial proceeding due to non-availability of parties, advocates, witnesses and accused physically, it is expedient to formalize and enable use of electronic communication and other audio-video electronic means for the purpose of conducting trial, inquiry and proceeding under the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of2023)", states the object & reasons clause of the notification.
Recognizing the frequent delays in proceedings due to the physical unavailability of parties, witnesses, or advocates, the High Court has revamped its earlier rules by leveraging technology to streamline justice delivery. The rules are rooted in Section 530 and several other enabling provisions of the BNSS, which advocate the use of electronic communication in judicial processes, including trials, evidence recording, and even judgment pronouncements.
Under the new framework:
Accused in custody (except for first appearance) may attend court via video link.
Witnesses, public servants, and even forensic experts can depose from designated remote locations. Courts are empowered to conduct appellate, criminal, and civil hearings through end-to-end encrypted platforms. Charges can be framed and pleas recorded electronically. All proceedings conducted via video link will carry the same legal sanctity as physical court proceedings.
All hearings will use High Court-approved video conferencing software with advanced encryption, multi-factor authentication, and audit trails.
Courtroom coordinators will oversee technical setups, verify identities, and ensure compliance with privacy norms.
Unauthorized recordings and access will be strictly prohibited, with legal consequences for breaches.
Steps for modernizing court infrastructure: The rules mandate every courtroom to be video-conferencing enabled and call for the establishment of dedicated VC centers in districts, police stations, prisons, and other institutions. From high-speed internet to noise-cancelling microphones and large LED displays, the technological roadmap aims to bring a seamless and secure digital environment into the courtroom.
Special Provisions for Vulnerable Witnesses: The rules show a progressive bent by allowing privacy measures and support aids like sign language experts, translators, and visual readers for witnesses with special needs or vulnerabilities, ensuring inclusivity and dignity during testimonies.
These 2025 Rules officially repeal the 2021 Video Conferencing Rules. However, actions taken under the previous framework will remain valid, provided they do not conflict with the new provisions.
To preserve the principle of open court hearings, public access to virtual proceedings will be allowed, unless the court orders an in-camera session. The system is designed to balance transparency with security. —JNF |
