Digitalisation Of Court Proceedings
4 years, 10 months ago

Digitalisation Of Court Proceedings

Live Law  

As per Section 3 of the Indian Evidence Act, 1872, the term evidence, includes, all statements which the Court permits or requires to be made before it by witnesses in relation to matters of facts under inquiry, all documents including electronic documents. Even though the Hon'ble Supreme Court, in the matter of, Umar Abdul Sakoor Sorathia Versus Intelligence Officer, MC Bureau CrLJ 3972 has allowed identification via photograph; it remains unclear whether such identification would constitute substantive evidence. The Hon'ble Supreme Court has held admissibility to be substantive evidence of the fact admitted in the case of Bishwanath Prasad V. Dwarka Prasad, AIR 1974 SC 117. These complexities of recording evidence, cannot be suitably met in video conferencing, as no cloud and/ or application has yet been designated for recording and digitally storing the information in a neutral space, in tune with the requirements of the Evidence Act.. For admission to be held valid, it pertinent for such an admission to be clear and unambiguous as held in in the matter of Joshna Gouda Brundaban Gouda 5 SCC 634. Suggestions Although certain suggestions are being made hereunder, it is of prime importance that all aspects of digitised court proceedings should fully meet the requirements of the Evidence Act; should not be violative of the norm of "procedure established by law" prescribed under Article 21 of the Constitution which the Supreme Court has construed, through numerous decisions, to mena "due process of the law"; should not place a significant cost burden on the litigants many of whom would hail from the weaker sections and the Information Technology Act, CPC, CrPC and Evidence Act should be suitably amendment to enable a comprehensive digitisation of court procedure without such digitisation being vulnerable to legal challenges.

Video Court Proceedings Evidence Procedure Court Admission Witness Video Conferencing Supreme Act Sop Criminal Trials Conferencing  honble  video  proceedings  court  act  admission  supreme  procedure  evidence  digitalisation  conferencing  witness

History of this topic

Hearing police officer’s view must for trial courts before ordering probe into private complaints: Karnataka HC
1 day, 11 hours ago

Hearing police officer’s view must for trial courts before ordering probe into private complaints: Karnataka HC

The Hindu  

The High Court of Karnataka has directed that all trial courts should hear the submissions of the police officer of the jurisdictional police station before ordering registration of First Information Report and investigation by exercising power under Section 175 of the Bharatiya Nagarik Suraksha Sanhita based on a private complaint registered under Section 223 of BNSS. Pointing out that the …

Karnataka High Court Issues Notice To Centre On PIL To Appoint Adequate Number Of Experts To Examine And Certify Electronic Evidence
2 months ago

Karnataka High Court Issues Notice To Centre On PIL To Appoint Adequate Number Of Experts To Examine And Certify Electronic Evidence

Live Law  

The Karnataka High Court on Thursday issued notice to the Union of India while hearing a petition seeking a direction to designate adequate number of examiners/experts under section 79-A of the Information Technology Act for examining and certifying electronic evidence. A division bench of Chief Justice N V Anajaria and Justice M I Arun issued notice to the Union Government …

Supreme Court Weekly Round-up: November 18, 2024 To November 24, 2024
4 months ago

Supreme Court Weekly Round-up: November 18, 2024 To November 24, 2024

Live Law  

Citation Prem Lal Anand and Ors. Case Details: State of Haryana v. Amin Lal through Legal Representatives Citation: 2024 LiveLaw 900 The Supreme Court reiterated that the State cannot claim adverse possession over the property of private citizens. Case Details: Sonu Agnihotri v. Chandra Shekhar and others Citation: 2024 LiveLaw 910 While expunging from a judgment of the Delhi High …

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court
6 months, 3 weeks ago

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court recently held that even the proceedings in an appeal seeking to register a First Information Report under the stringent Scheduled Caste Scheduled Tribe Act, will be needed to be "video-recorded." In his September 3 order, Justice Marne noted that a division bench of the Bombay High Court has in the case of …

Gujarat High Court Issues Revised SOP For Hybrid Hearings In Compliance With Supreme Court Directives
1 year, 1 month ago

Gujarat High Court Issues Revised SOP For Hybrid Hearings In Compliance With Supreme Court Directives

Live Law  

In alignment with directives from the Supreme Court of India, as per an order dated 06/10/2023 in writ petition No.351/2023, the Gujarat High Court has revised its Standard Operating Procedure for Hybrid Hearings, superseding the earlier Circular No. Initially, the High Court started Hybrid Hearing on pilot basis for the designated Courts only and thereafter, based on successful its implementation, …

Manipur High Court Switches To Hybrid Functioning
1 year, 9 months ago

Manipur High Court Switches To Hybrid Functioning

Live Law  

The Manipur High Court has recently switched to a hybrid mode of sitting, allowing litigants and advocates to participate in court proceedings both physically and through video conferencing. During the video conferencing session, participants are required to enter their name and item number accurately to ensure proper identification and is has been made mandatory to keep the camera on throughout …

'Use Technology To Facilitate Virtual Hearings, Don't Waste Money Spent On Technical Upgradation' : Supreme Court To All Courts, Tribunals
2 years, 1 month ago

'Use Technology To Facilitate Virtual Hearings, Don't Waste Money Spent On Technical Upgradation' : Supreme Court To All Courts, Tribunals

Live Law  

While hearing contempt pleas pertaining to to lawyers who have indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court, the Supreme Court, on Monday, noted that it expects that the technological upgradations that have been made in the judicial institutions over the span of last couple of year should be …

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872
2 years, 2 months ago

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872

Live Law  

Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act 1872 - Dying Declaration - When can be relied upon - Conditions - It could thus be seen that the Court is required to …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

Media Reporting Of Oral Observations By Judges During Hearing
3 years, 6 months ago

Media Reporting Of Oral Observations By Judges During Hearing

Live Law  

Almost three scores and eleven years ago, when 'we the people of India' adopted, enacted and gave ourselves the Constitution, 'we' had placed us at the core of the country's democratic aspirations. Extent of Media Reporting in Judicial Proceedings – Testing the Coverage of Oral Observations of Judges The Madrid Principles on the Relationship between the Media and Judicial Independence …

Following Both Parties' Consent, Supreme Court Lists A Matter For Physical Hearing On July 30
3 years, 8 months ago

Following Both Parties' Consent, Supreme Court Lists A Matter For Physical Hearing On July 30

Live Law  

The Supreme Court of India is set to hear a case physically on July 30 after the counsels for both the parties in a Criminal matter agreed to appear physically to present their case. On Friday, the Bench of Justice L. Nageswaar Rao and Justice S. Ravindra Bhat was hearing a Criminal Appeal and made the following order:"The parties have …

Supreme Court Weekly Round Up May 3 to May 9, 2021
3 years, 10 months ago

Supreme Court Weekly Round Up May 3 to May 9, 2021

Live Law  

Supreme Court Strikes Down Maratha Quota; Says No Exceptional Circumstance To Grant Reservation In Excess Of 50% Ceiling LimitCase: Dr Jaishree Laxmanrao Patil v Chief Minister Citation : LL 2021 SC 243A Constitution Bench of the Supreme Court has struck down the Maratha quota in excess of 50% ceiling limit as unconstitutional. "Encroachment Of State Legislature Upon The Domain Of …

Supreme Court Issues Notice To Centre On Plea Seeking Guidelines For Police On Seizure, Preservation Of Personal Digital Devices And Their Contents
3 years, 11 months ago

Supreme Court Issues Notice To Centre On Plea Seeking Guidelines For Police On Seizure, Preservation Of Personal Digital Devices And Their Contents

Live Law  

The Supreme Court on Friday issued notice to the Union of India for getting its response in a PIL seeking directions on police and investigative agencies, working under the control of Central and State Governments for specifying guidelines with regards to seizure, examination and preservation of personal digital and electronic devices and their contents thereof. Supreme Court Bench comprising of …

Supreme Court Weekly Round Up [March 15 to March 21, 2021]
4 years ago

Supreme Court Weekly Round Up [March 15 to March 21, 2021]

Live Law  

Default Bail : State Cannot Take Advantage Of Filing One Charge Sheet First And Seeking Time To File Supplementary Charge-sheets To Extend The Time Limit U/S 167Case: Fakhrey Alam vs. State of Uttar Pradesh Citation: LL 2021 SC 165 The bench comprising Justices Sanjay Kishan Kaul and R. Subhash Reddy observed that the time period for. Default Bail : State …

SCBA Plea Against SOP For Hybrid Hearings : Supreme Court Calls For Minutes Of Meeting From SC Registry
4 years ago

SCBA Plea Against SOP For Hybrid Hearings : Supreme Court Calls For Minutes Of Meeting From SC Registry

Live Law  

The Supreme Court on Friday called for the report and Minutes and Meeting from the Supreme Court Registry in a plea filed by the Supreme Court Bar Association seeking quashing of the Standard Operating Procedure issued by the Registry last week for enabling "Hybrid Physical Hearing" from March 15 onwards. The Top Court accordingly directed the Registry to place before …

'Issued Unilaterally': SCBA Moves Supreme Court Against SOP For Resumption Of Hybrid Physical Hearings
4 years ago

'Issued Unilaterally': SCBA Moves Supreme Court Against SOP For Resumption Of Hybrid Physical Hearings

Live Law  

The Supreme Court Bar Association has filed a writ petition before the Top Court seeking quashing of the Standard Operating Procedure issued by the SC Registry last week for enabling 'Hybrid Physical Hearing' from March 15 onwards. The plea filed though Advocate Rahul Kaushik stated that the impugned SOP dated March 5 has been issued by the Registry without consultation …

SCBA Decides To Reject SOP Issued By Supreme Court For Resumption Of Hybrid Physical Hearings,Will Challenge It In Court
4 years ago

SCBA Decides To Reject SOP Issued By Supreme Court For Resumption Of Hybrid Physical Hearings,Will Challenge It In Court

Live Law  

Supreme Court Bar Association has on Saturday decided to not accept the standard operating procedure for Hybrid court hearings, as issued by the Supreme Court today. The clarification had been given in the meeting conducted on Saturday to discuss the resumption of physical hearings by the coordination committee held by Competent authority of the Supreme Court along with Supreme Court …

Physical Court Hearings To Resume Soon With Virtual Courts In Hybrid Manner: Chief Justice Of India Assures
4 years, 1 month ago

Physical Court Hearings To Resume Soon With Virtual Courts In Hybrid Manner: Chief Justice Of India Assures

Live Law  

The Chief Justice of India SA Bobde has assured that the physical court hearings will resume in a hybrid manner with virtual courts at the earliest, after considering the medical advice and clearing the existing impediments with relation to health of the Stake holders, Technology Infrastructures and availability of Registry staff. CJI said this in a meeting called by him …

Supreme Court to Commence Physical Hearing of Cases in Limited Manner, Issues SOP
4 years, 6 months ago

Supreme Court to Commence Physical Hearing of Cases in Limited Manner, Issues SOP

News 18  

The Supreme Court has issued standard operating procedure for proposed physical hearing of the cases which will commence on an experimental basis on the request of various lawyers' bodies. The SOP issued by secretary general Sanjeev S. Kalgaonkar of the top court said “On an experimental basis, and as a pilot scheme, physical hearing of matters may initially commence in …

Delhi High Court Issues SOP For Physical Hearings From September 1
4 years, 7 months ago

Delhi High Court Issues SOP For Physical Hearings From September 1

Live Law  

The Delhi High Court has issued a Standard Operating Procedure for resumption of physical hearings with effect from September 1, 2020. Further, the Court will observe suspended functioning till September 30 and all pending matters listed between September 1 and September 30 shall stand adjourned to specified dates between November 3 and December 7, 2020. The SoP for physical hearings …

SC Issues Fresh SOPs Prior To Commencement Of Its Post-Vacation Functioning
4 years, 8 months ago

SC Issues Fresh SOPs Prior To Commencement Of Its Post-Vacation Functioning

Live Law  

The Supreme Court has released a notification highlighting the Standard Operating Procedure for purposes of effectuating hearings through virtual courts w.e.f July 6.The Notification states that it has taken into account the suggestions received from various quarters and of the guidelines issued by the GOI & Government of NCT Delhi and is in supersession of its earliers SOP. The Supreme …

The Concept Of Video Conferencing Is New But The Courts Have Risen To The Occasion: Delhi HC Notes While Disposing Of Plea Seeking Courts To Hear All Matters [Read Order]
4 years, 9 months ago

The Concept Of Video Conferencing Is New But The Courts Have Risen To The Occasion: Delhi HC Notes While Disposing Of Plea Seeking Courts To Hear All Matters [Read Order]

Live Law  

While disposing of a plea seeking courts to hear all matters, the Delhi High Court observed that the procedure of hearing matters through video conferencing is new to both the court and the counsel and each day throws a new challenge but that is not to say that the High Court and the Subordinate Courts have not risen to the …

[COVID 19] Plea In Supreme Court To Expedite Introduction Of Live Streaming Of Court Proceedings [Read Petition]
5 years ago

[COVID 19] Plea In Supreme Court To Expedite Introduction Of Live Streaming Of Court Proceedings [Read Petition]

Live Law  

Former RSS ideologue KN Govindacharya has moved a petition before the Apex Court for fixing an early date of hearing of his application pertaining to introduction of live streaming of the court proceedings. Asserting the emergent need to provide the facility of live streaming in light of the restricted court proceedings due to COVID-19 pandemic, Govindacharya submitted, "There are about …

Plea For Audio Video Recording Of Court Proceeding: Karnataka HC issues Notice To Centre, State
5 years, 2 months ago

Plea For Audio Video Recording Of Court Proceeding: Karnataka HC issues Notice To Centre, State

Live Law  

The Karnataka High Court on Thursday issued notice to the Union/State Government, Karnataka State Bar Council and High Court Registry, seeking their response on a petiton filed by an advocate seeking to implement Audio-Video recording in the courts of the State of Karnataka, which benefits the litigants, advocates and public in many ways. A division bench of Chief Justice Abhay …

Madras HC Directs State To Implement Audio-Video Recording Of Witness Statements [Read Order]
5 years, 3 months ago

Madras HC Directs State To Implement Audio-Video Recording Of Witness Statements [Read Order]

Live Law  

"When the entire world is moving towards electronic means, it is high time that the criminal prosecution must also take advantage of this development and it will strike a balance between the rights of the accused and the rights of the victim." The court directed, In all crimes, particularly, offences affecting the human body covered under Chapter XVI of IPC …

Live Streaming Of Court Reporting- Practice Of Leveling Allegations, Then Withdrawing Them And Proceeding With Main Petition Needs To Be Stopped: Justice Chandrachud To Nedumpara [Read Order]
6 years, 10 months ago

Live Streaming Of Court Reporting- Practice Of Leveling Allegations, Then Withdrawing Them And Proceeding With Main Petition Needs To Be Stopped: Justice Chandrachud To Nedumpara [Read Order]

Live Law  

Hearing a string of PILs seeking video recording and live straeming of the proceedings of the apex court, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar reprimanded petitioner-in-person Mathews J. Nedumpara for certain contentions leveled in his writ petition, proceeding to dismiss the petition.“Look at your petition.you. Hearing a string …

Plea For Live Streaming Of Important Cases: SC Seeks The Response Of Attorney General
7 years ago

Plea For Live Streaming Of Important Cases: SC Seeks The Response Of Attorney General

Live Law  

In the hearing writ petitions praying for video recording and live streaming of court proceedings on Monday, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar remained non committal on taking “an interim view in respect of matters of national importance”, as requested by Senior CounselIndira Jaising,. In the hearing writ …

Supreme Court says certificate not mandatory for making electronic evidence judicially admissible
7 years, 1 month ago

Supreme Court says certificate not mandatory for making electronic evidence judicially admissible

Firstpost  

The Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is not mandatory “wherever interest of justice so justifies”. New Delhi: In the age of digitisation and increasing reliance on computerised records in judicial proceedings, the Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is …

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]
7 years, 6 months ago

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]

Live Law  

The Supreme Court, on Friday, issued notice to the Centre and the Election Commission of India on a Petition seeking greater transparency in election process by making it mandatory for candidates to furnish documents along with an affidavit on information relating to criminal offences.A Bench led by Chief Justice Dipak Misra directed the respondents to file a response within four …

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]
7 years, 6 months ago

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]

Live Law  

The Supreme Court, on Friday, issued notice to the Centre and the Election Commission of India on a Petition seeking greater transparency in election process by making it mandatory for candidates to furnish documents along with an affidavit on information relating to criminal offences.A Bench led by Chief Justice Dipak Misra directed the respondents to file a response within four …

Union Govt mulls legislative changes to introduce audio-video recording of court proceedings & disclosure of case statistics
9 years, 8 months ago

Union Govt mulls legislative changes to introduce audio-video recording of court proceedings & disclosure of case statistics

Live Law  

The Union Government may consider legislative proposals to introduce audio-video recording of court proceedings, besides making it mandatory for high courts to disclose judicial statistics to bring in more transparency in the functioning of the judiciary.The proposal to bring in relevant amendments in law was discussed at meeting of the Advisory Council of the National Mission for. The Union Government …

Union Govt mulls legislative changes to introduce audio-video recording of court proceedings & disclosure of case statistics
9 years, 8 months ago

Union Govt mulls legislative changes to introduce audio-video recording of court proceedings & disclosure of case statistics

Live Law  

The Union Government may consider legislative proposals to introduce audio-video recording of court proceedings, besides making it mandatory for high courts to disclose judicial statistics to bring in more transparency in the functioning of the judiciary.The proposal to bring in relevant amendments in law was discussed at meeting of the Advisory Council of the National Mission for. The Union Government …

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