The Bombay High Court on December 19, 2024 released a notification (No. Rule/P.1603/Notn.No.7/2024) to declare that the “High Court of Bombay Rules for Video Conferencing for Courts 2022” shall come into force on December 29, 2024. The Bombay High Court Video Conferencing Rules are applicable to all proceedings and Courts in the State of Maharashtra, Goa and Union Territories of Daman and Diu and Dadra and Nagar Haveli. The same also includes all the Family Courts, Labour Courts, Industrial Courts, Co-operative Courts, Co-operative Appellate Courts, Motor Accident Claims Tribunals and School Tribunals.
Important Definitions under BHC Video Conferencing Rules 2024
Court
Rule 2(iv) defines that the term “Court” includes a physical Court as well as a virtual Court or Tribunal.
Live Link
As defined under Rule 2(ix), it means and includes “a live television link, audio-video electronic means or other arrangements whereby a witness, a required person or any other person permitted to remain present, while physically absent from the Courtroom is nevertheless virtually present in the Courtroom by remote communication using technology to give evidence and be cross-examined.”
Court Point
It hints at the Courtroom or other place(s) where the Court is physically convened or wherevera Commissioner or Inquiring Officer holds the proceedings as per Court’s directions.
Remote Point
As per Rule 2(x) of Bombay High Court Video Conferencing Rules, it is the place where a person is required to be present or appear through video link.
Required Person
As mentioned in the “Live Link”, a required person can be one to be examined, person whose presence is necessary for recording or conducting certain proceedings, an advocate/party in person to examine a witness, or any other person permitted by Court to appear through video conferencing.
Key Points from Bombay High Court Video Conferencing Rules 2024
- All Court Proceedings conducted through video conferencing to be counted as Judicial proceedings.
- All the protocols applicable to physical Court are applicable to video conferencing. Accordingly, advocates need to be properly dressed as per Advocates Act; Police officials in their uniform; Judicial Officers and Court Staff dressed as per relevant rules.
- Video Conferencing is allowed at all stages of Judicial proceedings.
- The laws otherwise applicable to Court proceedings, such as the New Criminal Laws, Information Technology Act, 2000, and others apply to virtual proceedings too.
- There can be no unauthorised recording of Bombay High Court proceedings conducted through video conferencing.
- A “person” as defined under Rule 2(xii) needs to keep his/her Govt. issued identity proof readily available. In case of failure, the said person has to furnish details such as name, parentage, telephone number, permanent address and/or temporary address.
- Equipment recommended by Bombay High Court Video Conferencing Rules 2024 are:
- Desktop, laptop, mobile devices connected to the internet and printer;
- Device ensuring uninterrupted power supply;
- Camera;
- Microphones and speakers;
- Display unit;
- Document visualizer;
- Provision of a firewall;
- Adequate seating arrangements ensuring privacy;
- Adequate lighting; and
- Availability of a quiet and secure space.
- In case of examination of a person residing/located abroad, the “Comprehensive Guidelines 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” has to be followed.
- During virtual examination of a person, the said person should not be prompted, tutored, coaxed, induced or coerced by anyone. Such a person is also prohibited from reference to any document, script or device without the permission of the Court concerned.
Process for BHC Virtual Proceedings
- The proceedings shall be conducted on scheduled date and time, observing punctuality.
- Parties may need an application for appearance, evidence and submission by video conferencing through the form prescribed in Schedule II after discission with the other party to proceedings unless impossible.
- The Court may consider the request and allow/deny the same through its order. When the same is allowed, the Court also fixes the schedule for video conferencing.
- There may be costs for such proceedings as well, if directed to be paid by the Court.
- Case will be called out and appearances be recorded as per Court’s directions.
- Participants who log in need to ensure of being identifiable with the individual names.
- Participants to adhere to Physical Court protocols during video conferencing at Bombay High Court.
- Participants to keep their microphones muted at all times until they are called upon for making submissions, to facilitate efficient conduct of virtual Court BHC proceedings.
- Remote users to ensure that their devices are free from malware.
- Participants to look into camera, stay attentive rather than engaging on other activities during virtual Court proceedings at Bombay HC.
