Paper 4 - Video Conferencing in Indian Courts

Paper Four
VIDEO CONFERENCING
IN INDIAN COURTS:
A PATHWAY TO THE JUSTICE PLATFORM
April 2020
Whitepaper Series
On Next Generation
Justice Platform
DAKSH
Authors Acknowledgements
Amulya Ashwathappa The authors would like to thank Harish Narasappa
Arunav Kaul for his guidance and comments and Justice A K
Chockalingam Muthian Jayasankaran Nambiar and Justice Suraj Govindaraj
Leah Verghese Amit Kapur, Dheeraj Nair, Jamshed Mistry, Jyoti
Sandhya PR Sagar, Ravinder Koul and Prof Vijay Raghavan for
Shruthi Naik their valuable suggestions.
Surya Prakash B.S.
This report has been designed by

ByTwo Design and Kshiraja Krishnan.
April 2020
This work is licensed under a Creative Commons Attribution

4.0 License.
For any queries and clarifications regarding this paper please email
info@dakshindia.org
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You can also follow us on our social media handles:
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Suggested citation:
DAKSH. 2020. Video Conferencing in Indian Courts: A Pathway to the

Justice Platform. Bengaluru: DAKSH
daksh | video conferencing 2

Contents
4 Table Of Cases
5 Executive Summary
7 Introduction
9 1 Current Status
16 2 Related Processes
19 3 Factors And Circumstances To Be Considered For A Virtual Court
23 4 Architecture Of An Ideal Virtual Court
32 5 Due Process Concerns
37 6 Transparency and Privacy
39 7 Technology
45 8 International Overview Of Virtual Courts
50 9 Implementation
52 10 The Way Forward
54 11 A Framework For Rules
59 Bibliography
62 Annexure - I

Table of Cases
1. Abdul Karim Telgi and Ors. v. State, 2008 Cri.L.J. 532 (Madras High Court). 10. See Smt C. Surekha Naga Durga v. State of Andhra Pradesh and Ors.,
Criminal Revision Case No. 923 of 2017.
2. Boppana Surendra v. The State of Andhra Pradesh, Criminal Petition No.
11823 of 2018. 11. State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601.
3. In Re: Guidelines for Court Functioning Through Video Conferencing During 12. Swapnil Tripathi v. Supreme Court of India (2018) 1 SCC 1.
Covid-19 Pandemic, Suo Motu Writ (Civil) No.5/2020 in the Supreme Court of
India. 13. The Salem Advocate Bar Association, Tamil Nadu v. Union of India (2003)
1 SCC 49.
4. Mahender Chawla v. Union of India WP (Criminal) No. 156 of 2016.
14. Twentieth Century Fox Film Corporation v. NRI Film Production Associates
5. Md. Ajmal Kasab v. State of Maharashtra Criminal Appeal Nos.1899-1900 (P) Ltd. AIR 2003 Kant 148.
of 2011.
15. V. Rama Naidu And Another v. Smt. V. Ramadevi, Civil Revision Petition
6. Nandini Satpathy v. Dani (P.L.) 1978 AIR 1025. No. 6089 of 2016

7. Naresh Shridhar Mirajkar v. State of Maharashtra, 1966 SCR (3) 744.
8. Rojer Mathew v. South Indian Bank, Civil Appeal No. 8588 of 2019.
9. Santhini v. Vijaya Venketesh, (2018) 1 SCC 1.

4
Paper Four
VIDEO CONFERENCING
IN INDIAN COURTS:
A PATHWAY TO THE
JUSTICE PLATFORM Executive Summary
V
ideo conferencing in the judiciary has generated much
discussion recently. Courts and tribunals in the country have
used video conferencing facilities for some specific hearings in
the past few years. In the wake of the COVID 19 pandemic and
the countrywide lockdown, the Supreme Court highlighted
the need to use video conferencing technology to conduct proceedings. Amidst
the lockdown, an order was passed by the Supreme Court requiring courts in
the country to transition to video conferencing technology so that the delivery
of justice is not disrupted, and high courts were required to frame rules in this
regard. These circumstances call for the need to examine video conferencing
technology for the judiciary in greater detail to ensure that it is used optimally
in the future, even after the pandemic. There are several questions that arise
here: How can the use of video conferencing techniques be expanded in courts?
What are the challenges that courts may face? What should be the guidelines
regarding the use video conferencing? These are some of the crucial questions
daksh that this paper addresses.
Whitepaper Series on
Next Generation Justice Platform
1. Uses of Video Conferencing in Courts and Challenges
To understand the manner in which video conferencing techniques
are used by courts, it is important to focus on events that shaped the use of
technology in the judiciary in India. The paper delves into various landmark
cases, amendments and practices that led to the use of video conferencing in

courts. Over the course of two decades, video conferencing has slowly found 2. Architectural Set Up for Video Conferencing and Due
acceptance in the Indian judiciary and is today used in both civil and criminal Process Concerns
cases at various levels of the judiciary. In the past few years, the government The paper examines various architectural requirements to make virtual
and the Supreme Court’s e-committee have taken measures to provide video courts a reality in India. These include various features that focus on how to
conferencing facilities in courts across the country. list cases for online hearings, how to verify the identity of parties, how hearings
However, in addition to these measures, there is also a need to can be conducted, how documents can be shared, and how judges can pass
improve the related processes like e-filing, evidence management, case and orders. It also provides a gradation of the features from an implementation
document management, and listing practices which are all critical processes, perspective. While doing so, various due process concerns must not be swept
interlinked and essential for the success of a virtual court. While highlighting under the carpet. The paper examines safeguards that need to be kept in
the importance of video conferencing, the paper further proposes different mind while adopting these features. Some of these safeguards include - the
mechanisms to decide how video conferencing can be expanded in courts use of video conferencing for testimonies of vulnerable witnesses, e.g. by
which include: the use of anonymous testimony or a screen, curtain, or two-way mirror to
shield the witness while giving testimony; complying with Guidelines for
a. Nature of the case: Certain types of cases based on their sensitive nature and Indian Government Websites (GIGW) so that people with disabilities can
simplicity can be adjudicated by way of video conferencing. use it effectively; ensuring that during video conferencing the defendant is
represented by a lawyer, etc. Further, the concerns of transparency must be
b. Specific stages/circumstances: Cases that have an outstation witness/expert balanced with those of privacy of citizens.
witness can have testimonies conducted through video conferencing.
“
c. Application based: In some instances, the parties should have the ability to
use video conferencing by making an application to the concerned judge.
...there is also a need to improve
d. Urgent cases in an emergency: During emergencies video conferencing
should be the norm and physical appearance should be an exception. High the related processes like e-filing, evidence
courts should lay out detailed plans to tackle emergency situations and define management, case and document management,
”
‘urgent’ matters in this context.
and listing practices which are all critical
While proposing these measures, the paper also acknowledges that in the processes, interlinked and essential for the
Indian context, factors like the current state of technology, infrastructure and
digital illiteracy need to be taken into account. success of a virtual court.

3. International Overview, Technology and Implementation Strategy Introduction
The paper also contains a comparison of video conferencing practices
in the United States (US), Canada, Australia and the United Kingdom. The
usage and in certain scenarios, the public access to the hearings are centred With a countrywide lockdown and the enforcement of social distancing,
around judicial discretion in these jurisdictions. Countries such as the US courts across India are using video conferencing to carry on some of their
have taken measures to protect privacy of participants. Different countries use work. This is driven by a need to ensure that citizens continue to have access to
various private platforms such as Zoom, Skype, Webex etc. To ensure the best justice and to avoid a justice gridlock. This pandemic has highlighted gaps in
security standards, the paper focusses on detailed system requirements in terms the capacity and readiness of courts to move online in situations such as these.
of hardware, software, formats of the files in terms of archival and storage, It has also provided an opportunity for the judiciary to accelerate the process of
compression techniques, content delivery network and finally video analytics, digitisation and create a framework for working online, as far as possible.
all combining together as a virtual court ecosystem. The ecosystem should Enabling video and audio technologies in judicial proceedings,
combine a multitude of essential collaboration tools in a single interconnected when implemented with other measures like e-filing and better cause-list
platform, and the paper provides details on these aspects. management, can fundamentally alter how citizens can access justice through
Lastly, the paper provides an implementation framework for the the judiciary. While written submissions cannot be done away with completely
successful adoption of video conferencing. Carrying out an evaluation study in judicial proceedings, video technology can be an excellent complement to it.
of current usage is critical before committing additional resources. Conducting It could help humanise the proceedings by enabling recording and storing of
pilot studies is one of the effective methods by which video conferencing can depositions by parties and witnesses, and arguments by lawyers. These could be
be employed in courts in the long run. Importantly, the paper also provides a invaluable when cases are appealed.
framework for the rules to be drafted by high courts. Enabling participation through video could help give access to many who
are located far away from courts and are more comfortable transacting in Indian
“
languages. The availability of transcription technology has further opened up
the possibility of these technologies at scale.
Video conferencing can be used in three aspects of the justice system:
Carrying out an evaluation study of current legal aid, alternate dispute resolution mechanisms, and dispute resolution.
usage is critical before committing additional Video and audio technologies can play a huge part in educating citizens about
”
their rights, informing them of the dispute resolution options, and giving them
resources. Conducting pilot studies is one of the legal assistance, where they are eligible. Distance and cost act as significant
effective methods by which video conferencing barriers in accessing legal assistance and prevent many from taking their
disputes to a logical conclusion. Imagine the situation of migrant workers not
can be employed in courts in the long run. familiar with the local language and who want to pursue a dispute against their
employer.

Given these possibilities of improving access to justice, the video
conferencing system to be used needs be designed keeping the end-users in
mind and built with appropriate checks and balances for the safety of citizens
and the security of their data. The technology and architecture of the video
conferencing platform should take into account vulnerabilities of witnesses and
due process concerns. There is much that can be learnt from other jurisdictions
who have been using this technology actively over the years. The key as always
lies in effective implementation and institutional mechanisms in place to
achieve these outcomes.
This paper provides an overview of the existing implementation of video
conferencing and attempts to create a framework for the implementation
of virtual courts in the future. The first section of this paper describes the
current status of video conferencing in various courts and tribunals across
India. The second section gives an overview of other digital processes that
should accompany video conferencing to make it effective. The third section
describes the circumstances required to make video conferencing effective.
The fourth section explains what the architecture of a virtual court should look
like. The fifth section points out the due process concerns to be kept in mind
while implementing virtual courts. The sixth section highlights the issues of
transparency and privacy in the implementation and rollout of virtual courts.
The seventh section describes the standards for the technology (software and
hardware) required for implementation of virtual courts. The eighth section
provides an overview of international experiences with virtual courts. The ninth
section gives an overview of the implementation of virtual courts, given the
Indian context. The tenth section describes the way forward for virtual courts in
India. The eleventh section describes a framework for the rules which should be
enacted for the implementation of virtual courts.


1 Current Status
the C.P.C which deals with the examination of witnesses, states that the court or
the Commissioner, ‘shall record evidence either in writing or mechanically…’2
The Supreme Court while interpreting this provision held that the word
mechanically indicates that evidence can be recorded with the help of electronic
media including audio or audio-visual apparatus.3 A year later in another
1.1 CITIZEN ORIENTED PROCESS
judgment of the Karnataka High Court wherein a petition was filed to cross-
examine a witness located in the United States through video conferencing in a
Various judgments of the Supreme Court and high courts along with civil suit, the High Court relied upon the Salem Advocate case to allow remote
certain procedural amendments have paved way for video conferencing in cross-examination.4 In doing so, the High Court laid down several safeguards
trials. Introducing a video conferencing mechanism for various circumstances while carrying out such audio-visual examination of witnesses, which included,
in a case has helped in reducing the time it takes for witnesses to travel, or for inter alia, filing of an affidavit/undertaking, administration of oath, etc.5 These
undertrial prisoners to be taken to court. To save time and cost in litigation, judgments have carved the way for the use of video conferencing in civil suits
video conferencing today is used in various levels of the judiciary. The different in India and today, several courts in different parts of the country use this
initiatives launched by the government and the Supreme Court’s e-committee technology to examine witnesses and parties located in a different location.
over the decade have expanded the use of video conferencing in jails and courts
across the country.
The beginning of the millennium proved to be a turning point for 1 (2003) 1 SCC 49.
introducing video conferencing in Indian courts. The Salem Advocate Bar 2 Order 18 Rule 4(2), Civil Procedure Code, 1908.
Association, Tamil Nadu v. Union of India1 was one of the first cases that broadly 3 State of Maharashtra v. Dr. Praful B. Desai (2003) 1 SCC 49, para 19.
interpreted the provisions of the Civil Procedure Code, 1908 (C.P.C) and 4 Twentieth Century Fox Film Corporation v. NRI Film Production Associates (P) Ltd. AIR 2003 Kant 148.
allowed for the use of electronic media during the evidence stage. Order 18 of 5 Twentieth Century Fox Film Corporation, Kant 148, para 10.

“ Judges often use video conferencing for
hearing bail applications, remand cases,
and the examination of an accused person,
especially when it is too dangerous or
burdensome to take the accused from the
”
jail to the court. However, this was not
always the case.
Apart from civil suits, video conferencing is also being used extensively in
criminal trials. Judges often use video conferencing for hearing bail applications,
remand cases, and the examination of an accused person, especially when it
is too dangerous or burdensome to take the accused from the jail to the court.
However, this was not always the case. There was ambiguity about the use of
audio-visual equipment during a criminal trial which was settled by the apex
court in the case of State of Maharashtra v. Dr. Praful B. Desai.6 The court while
delving into the issue of ‘presence of accused’ in the court as mandated under
Section 273 of the Criminal Procedure Code, 1973, (Cr.P.C.) held that the term
‘presence’ does not mean only actual physical presence.7 The court thereby
allowed the use of video conferencing for recording evidence in a criminal trial
when the accused or the witness cannot conveniently be examined in court.
In 2008, certain sections of the Cr.P.C. were amended to include the use of
audio-video electronic means. Courts have also allowed video conferencing for
a substantial part of the trial in sensitive matters in the interest of timeliness
and justice. For instance, in one high-profile counterfeit case, the Madras High
Court allowed the use of video conference for a substantial part of the case to 6
(2003) 4 SCC 601.
reduce the monetary burden to the government, manpower, energy and for the 7
Dr. Praful B. Desai, para 12.
safety of the prisoners.8 8
Abdul Karim Telgi and Ors. v. State, 2008 Cri.L.J. 532 (Madras High Court).

A Brief History of Video Conferencing in the Indian Judicial System
Supreme Court said that In the backdrop of COVID

Supreme Court in Salem Advocate Video conferencing proceedings in cases of 19 pandemic, Supreme
Bar Association v. UoI allowed equipment were constitutional and national Court directs courts to start
the use of audio-visual apparatus Cr. P.C. was amended to installed in 704 importance should be live- using video conferencing
in civil cases for recording of include the use of audio- locations in the streamed in Swapnil Tripathi technologies and pass
evidence under C.P.C video electronic means country v. Supreme Court of India appropriate rules
2002 2008 2016 2018 2020
2003 2014 2017 2019
Supreme Court in State of Supreme Court Supreme Court in the 488 court complexes
Maharashtra v. Dr. Praful B. e-committee had initiated case of Santhini v. Vijaya and 342 jails in the
Desai, interpreted Cr. P.C a pilot exercise to study Venketesh allows the use country had a video
and allowed the use of video video conferencing in of video conferencing in conferencing set up
conferencing during evidence certain jails and courts family courts
stage in a criminal case

“
1.2 VIDEO CONFERENCING IN OTHER COURTS AND TRIBUNALS
Apart from regular civil and criminal courts, there are other courts and As per the recent data released
tribunals that have been using video conferencing. For instance, the National
by the government, there are 488 court
”
Company Law Tribunals Rules passed in 2016 allow for video conferencing for
cross-examination on an application made by the parties.9 Even the Income complexes and 342 jails in the country
Tax Appellate Tribunal has passed detailed guidelines for the use of video
conferences and the manner in which such proceedings will be conducted.10
where video conferencing is available.
As per news reports, even the National Green Tribunal has started using video
conferencing for benches located in different states.11 Due to the high number
of vacancies in different benches, the central bench is handling the cases being
filed in different zonal benches.12 There are various courts, tribunals, and jails in the country that are
Further, the family courts also have been using video conferencing slowly transitioning towards the use of video conferencing. The e-committee
in different parts of the country. The Supreme Court in 2016, dealt with the of the Supreme Court in 2014 had initiated a pilot exercise to test software for
use of video conferencing in disputes before the family court. The Supreme video conferences and accordingly expand the video conferencing solution to
Court stated that in a scenario where the settlement has failed and both the 500 courts and jails in the country in the first phase.16 In 2016, there were 704
parties consent, courts can allow the use of video conferencing.13 However, the locations in the country where the installation of video conferencing equipment
Supreme Court barred the use of video conferencing in transfer petitions.14 As was completed.17 As per the recent data released by the government, there are
per news reports certain cities such as Hyderabad15 have carried out certain 488 court complexes and 342 jails in the country where video conferencing is
proceedings through video conferencing in family courts. available.18 The chart below provides the break-up.
9
Rule 39, National Company Law Tribunal Rules, 2016, available online at https://nclt.gov.in/sites/default/files/All-
PDF/Rules_NCLT_latest.pdf (accessed on 11 April 2020).
10
Income Tax Appellate Tribunal, Practice Note, 9 November 2012.
11
Maitri Porecha. 2019. ‘National Green Tribunal reeling under vacancies’, The Hindu Business Line, 29 October,
available online at https://www.thehindubusinessline.com/news/national-green-tribunal-reeling-under-vacancies/
article29821953.ece (accessed on 11 April 2020).
16
eCommittee, Supreme Court of India. 2014. Policy and Action Plan Document Phase II of The
Ecourts Project, Annexure 2-I, available online at https://ecourts.gov.in/ecourts_home/static/manuals/
12 Porecha, ‘National Green Tribunal reeling under vacancies.’ PolicyActionPlanDocument-PhaseII-approved-08012014-indexed_Sign.pdf (accessed on 11 April 2020).
13
Swapnil Tripathi v Supreme Court of India (2018) 1 SCC 1.
17
eCommittee Supreme Court of India. 2016. eCommittee Newsletter. p. 16, available online at https://doj.gov.in/
sites/default/files/eCommittee%20Newsletter%20-%20April%202016.pdf (accessed on 12 April 2020).
14
Santhini v. Vijaya Venketesh, (2018) 1 SCC 1. 18
State/High Court-wise Court Complexes and Corresponding Jails where Video Conferencing facility is
15
Vujjini Vamshidhara. 2019. ‘Hyderabad: Video evidence valid in matrimonial row’, Deccan Chronicle, 4 August, operational (in reply to Unstarred Question on 11 July, 2019), from Ministry of Law and Justice, available online
available online at https://www.deccanchronicle.com/nation/current-affairs/040819/hyderabad-video-evidence- at https://data.gov.in/resources/statehigh-court-wise-court-complexes-and-corresponding-jails-where-video-
valid-in-matrimonial-row.html conferencing (accessed on 9 April 2020).

Figure 1: High Court-wise court complexes and corresponding jails with
1.3 EXPANDING THE USE OF VIDEO CONFERENCING IN COURTS
video conferencing facilities
In the wake of the unprecedented coronavirus pandemic, the Supreme

Court issued a series of directives to cope with the situation. Given the need
to maintain social distancing and avoid mass gatherings and the current
lockdown across the country, the Supreme Court has expanded the use of video
conferencing to hearing of arguments at the trial stage and appellate stage, in
addition to the recording of evidence, until appropriate rules are framed by
the High Court.19 As per these guidelines, courts are required to transition to
the video conferencing technology based on the modalities determined by the
respective high courts.20 Courts are also required to maintain a helpline for
addressing complaints regarding the quality of audibility of the feed.21
* Data has been taken from data.gov.in as an Unstarred Question in Rajya Sabha on 11 July 2019.
No data was available for certain states and areas.
“ With changing times and advancements in

technology come the need to set up better
”
audio-visual facilities in jails, courts, forensic
Amongst the various high court jurisdictions shown in the graph, science laboratories, etc. to ensure that justice
Chhattisgarh has the highest number of court complexes with video is dispensed in a timely and faster manner.
conferencing facilities while Madhya Pradesh has the highest number of jails
with a functioning video conferencing apparatus.
There are certainly more states, districts, and areas where video
conferencing needs to reach. With changing times and advancements in
technology come the need to set up better audio-visual facilities in jails, courts,
forensic science laboratories, etc. to ensure that justice is dispensed in a timely
and faster manner. 19
In Re: Guidelines for Court Functioning Through Video Conferencing During Covid-19 Pandemic, Suo Motu Writ
(Civil) No.5/2020 in the Supreme Court of India.
20
In Re: Guidelines for Court Functioning Through Video Conferencing During Covid-19 Pandemic.
21
In Re: Guidelines for Court Functioning Through Video Conferencing During Covid-19 Pandemic.

1.4 MODE OF VIDEO CONFERENCING USED BY COURTS
Although various states are transitioning to the use of video conferencing

techniques, it is important to examine the platforms that are being used for
these purposes. For instance, Skype had been one of the options through which
video conferencing was being carried out. Certain high courts have allowed
parties to use Skype for video conferencing.23 Help from external experts
has also been taken in the past to establish special e-court rooms with video
conferencing set-up. For instance, the Centre for Development of Advanced
Computing has developed technology for special e-court rooms in the
Karkardooma district in Delhi which have video conferencing and various other
Some high courts have in the recent past issued rules and guidelines for technical equipment.24 Delhi High Court has been using the CISCO WEBEX
the use of video conferencing. The High Courts of Tamil Nadu and Tripura platform for video conferencing.25 In the recent past, the Supreme Court
issued rules for video conferencing prior to the lockdown.22 Several other states e-committee has been using the VIDYO platform for carrying out various video
have issued guidelines and procedures that would regulate video conferencing conferencing sessions. Currently, all the proceedings that are being conducted
in response to the lockdown (For more details on the content of these rules and by the Supreme Court are being done on the VIDYO platform. As per the recent
guidelines please refer to Annexure 1). Broadly, these guidelines provide the circular of the Delhi High Court, the VIDYO platform is being extended to
scope for using video conferencing in courts for the examination of witnesses, various district officers in trial courts in Delhi, who would be given a separate
remands and bail applications, hearing of arguments, etc. Overall, the guidelines login ID. The measures required to be taken from a data privacy and security
lay down the preparatory arrangements required for the video conference, perspective while using third-party video conferencing platforms require
requisite technical support required to conduct proceedings during the video further deliberation.26
conference, etc. However, it needs to be seen whether courts that have passed
guidelines for the use of video conferencing in the past, will issue any fresh
regulations post the Supreme Court’s direction. Since there is a lockdown
throughout the country, it would be important that video conferencing 23
See Smt C. Surekha Naga Durga v. State of Andhra Pradesh and Ors., Criminal Revision Case No. 923 of 2017;
Boppana Surendra v. The State of Andhra Pradesh, Criminal Petition No. 11823 of 2018; V. Rama Naidu And
facilities be extended to other stages with detailed guidelines as provided by Another v. Smt. V. Ramadevi, Civil Revision Petition No. 6089 of 2016.
the Supreme Court. 24
Rishi Prakash, T. Mohanty, Ramji Gupta & Vinay Jain. 2011. ‘ICT in Indian Court, Challenges & Solution’,
International Journal of Internet Computing (IJIC), 1(2): p. 24, available online at http://www.nja.nic.in/
session%202.pdf (accessed on 11 April 2020).
25
Circular for Creation of Login ID-VIDYO Application for Video Conferencing, District and Sessions Judge, Tis
22
Video Conferencing Rule issued by the High Court of Judicature at Madras for the State of Tamil Nadu and Hazari Court, Delhi, available online at https://delhidistrictcourts.nic.in/Circulars/March20/8aapril.pdf (accessed
Union Territory of Puducherry Available online at http://www.hcmadras.tn.nic.in/VC_rules_2018.pdf (accessed on 10 April 2020).
on 10 April 2020), Tripura Video Conferencing (Conduct of Proceedings including Recording of Evidence and
Remand of Accused in the Trial/Remand Courts) Rules, 2018 Available online at http://thc.nic.in/pdfs/video%20 26
Lalltaksh Joshi. 2020. ‘Courts Adopting Video Conferencing: A Welcome Change’, Live Law, 29 March,
conferencing%20rules.pdf (accessed on 10 April 2020) available online at https://www.livelaw.in/columns/courts-adopting-video-conferencing-a-welcome-
change-154488 (accessed on 9 April 2020).

b. Office of the Controller General of Patents, Design and Trade Marks
1.5 GUIDELINES AND RULES REGARDING VIDEO
guide to video conferencing
CONFERENCING IN OTHER SECTORS
This set-up guide provides systemic requirements for carrying out video
conferencing.30 The guide provides minimum requirements such as the need
While the Supreme Court and various high courts in the country have issued for a Windows operating system, web camera, microphone, speakers, internet
guidelines for the use of video conferencing, it is important to examine the speed of 256 kbps, etc. during the video conference.31 The guide suggests the
guidelines issued by other government agencies concerning video conferencing. use of InstaVC Desktop Sharing Extension for conducting video conferencing.32
Courts can adopt some of these measures wherever necessary and incorporate Further, the guide provides screen-by-screen details of how the platform can be
them in their detailed rules. Further, as provided below, different authorities used by the user.33
have passed rules and regulations regarding the use of video conferencing under
their respective legislations. At present, while some high courts have passed c. Income Tax Appellate Tribunals (ITAT) Regulations regarding video
guidelines regarding video conferencing, it is important that definite rules conferencing, 2012
under the necessary statute be passed to give a complete legal effect to The ITAT has passed detailed regulations prescribing the manner in which
the procedure. video conferencing should be conducted. As per the Regulations, the hearing
of appeals has to be notified by the President of the tribunal from time to time.
a. Ministry of Corporate Affairs Regulations regarding extraordinary These regulations state that the hearing would proceed in the same manner as
general meeting (EGM), 2020 in a regular tribunal. Bench clerks have to be present throughout the hearing
In the wake of the COVID-19 pandemic, the Ministry of Corporate Affairs and make entries in the order sheets. Apart from hearing of appeals, video
(MCA) has allowed companies to conduct EGMs through video conferencing conferencing can also utilised for recording of evidence. Pronouncement of
and other audio-visual means (OAVM).27 In furtherance of the requirement, orders can be done via video conferencing and once the order is signed, it has to
the MCA laid down certain guidelines about the conduct of video conferencing be uploaded on the website as is usually done in a regular hearing.34
and OAVM. As per these guidelines, companies are expected to maintain a
recorded transcript of the EGM conducted via video conferencing or OAVM.
The facility to join the meeting has to be kept open for 15 minutes before the
start of the meeting and 15 mins after the completion of the meeting.28 Proper
arrangements have to be made to facilitate a smooth e-voting process.29 Overall,
care has to be taken to ensure that meetings through video conferencing or
OAVM take place without any problems.
30
Office of Controller General of Patents, Designs & Trade Marks, Video Conferencing System, available online
at http://www.ipindia.nic.in/IPO-Video-Conferencing-System.htm (accessed on 10 April 2020).
31
Office of Controller General of Patents, Designs & Trade Marks, Video Conferencing System.
27
Ministry of Corporate Affairs, General Circular No. 14/2020, 8 April 2020, available online at http://www.mca.
gov.in/Ministry/pdf/Circular14_08042020.pdf (accessed on 10 April 2020). 32
28
Ministry of Corporate Affairs, General Circular No. 14/2020. 33
29
Ministry of Corporate Affairs, General Circular No. 14/2020. 34
Income Tax Appellate Tribunal, Practice Note, 9 November 2012.

2 Related
Processes
DAKSH White Papers on Next Generation Justice Platform provide a

framework for such a platform.35 The following processes are key for the
success of video conferencing:
2.1 E-FILING
Video conferencing alone will not make courts virtual. Other related E-filing is the ability to submit pleadings and other documents required in a
processes of digitisation and automation need to be implemented alongside. case online. These documents can be accessed by the registry or the concerned
A virtual court is only a part of the process of the larger digitisation of the judge. According to the e-filing manual of the Supreme Court e-committee36,
justice system. A citizen-centric justice platform that enables all stakeholders procedures like the payment of court fees online and e-signatures can be done
to seamless interact digitally needs to be built. Processes like e-filing, e-service through the use of Aadhar card or a digital token. The registered user can view
of pleadings and documents and e-listing will increase transparency and his profile with the options of seeing all the submitted documents and track
accountability. These advantages can be formalized into the procedural whether the documents have been reviewed, accepted or denied.
rules of the courts with e-filing receipts, or the time stamp for service being
considered sufficient proof at case management hearings. The transparency and
accountability that will be introduced by digitizing the entire process of filing, 35
DAKSH. 2019. Whitepaper series on Next Generation Justice Platform, available online at https://dakshindia.
org/next-generation-justice-platform/ (accessed on 11 April 2020).
service, listing, and even hearings would contribute to curbing corruption at the
registry and clerical levels. 36
E-Committee, Supreme Court of India. 2018. ‘User manual, E-filing procedure for high courts and district
courts in India’. E-Courts. available online at https://ecourts.gov.in/ecourts_home/static/manuals/efiling-User-
manual.pdf (accessed on 12 April 2020).

“
2.2 ELECTRONIC EVIDENCE MANAGEMENT
Electronic evidence management is the digital
storage of evidence related to a case in one place, Section 3 of the Indian Evidence Act, 1872 has been amended to allow the
which can be accessed by the parties and judges submission of electronic evidence in courts. Electronic evidence means the
recording of evidence in an electronic form on hard disks, digital photographs,
as per the rules of evidence...For a virtual court
”
audio, and video recordings, etc.42
to reach its full potential it is important to have Electronic evidence management is the digital storage of evidence
related to a case in one place, which can be accessed by the parties and judges
an electronic evidence management feature. as per the rules of evidence.43 This means that every item of evidence in a case
is digitally stored on a platform for easy accessibility. Such a management
tool eliminates the use of different devices like CDs, pen-drives, etc.44 Oral
E-filing is essential for video conferencing of cases to take place in a evidence and statements would be transcribed and e-documents, submission
virtual courtroom. In the current form, e-filing is available only in four high of audio-video recordings, and digital photographs will all be available in a
courts – Delhi, Bombay, Punjab and Haryana, and Madhya Pradesh37, and is single digital folder. The eCourts Mission Mode Project Phase II envisages
also used in National Green Tribunal,38 National Company Law Tribunal39 and video conferencing facilities for all district courts and prisons but does not deal
Income Tax Appellate Tribunal.40 Documents filed through e-filing are easier to with the management of electronic evidence. For a virtual court to reach its full
store and retrieve than physical documents, apart from the saving of paper and potential it is important to have an electronic evidence management feature.
the effort of physical filing. These documents are then accessible 24*7 to judges,
court staff and concerned parties.41 There is tremendous scope for improving
the current facility of e-filing by extending it to more courts and by having a
more intuitive platform that enables other parties to view and share documents
and automating the process of manual checks of the documents submitted etc.
37
Times of India.2018. ‘E-filing service only at four high courts in India’, Times of India, 10 April. available
online at https://timesofindia.indiatimes.com/india/e-filing-service-only-at-four-high-courts-in-india/
articleshow/58100660.cms (accessed on 12 April 2020).
38
National Company Law Tribunal. ‘E-filing’. available online at https://efiling.nclt.gov.in/mainPage.drt (accessed
on 12 April 2020). 42
Section 67A, Evidence Act, 1872.
39
National Green Tribunal. ‘E-Filing’. available online at https://ngtonline.nic.in/efiling/mainPage.drt (accessed on 43
Sean E. Goodison, Robert C. Davis, and Brian A. Jackson.2015 ‘Digital Evidence and the U.S. Criminal
12 April 2020). Justice System’ Priority Criminal Justice Needs Initiative. available online at https://www.ncjrs.gov/pdffiles1/nij/
grants/248770.pdf (accessed on 12 April 2020).
40
Appellate Tax Tribunal ‘E-filing’. available online at https://www.itat.gov.in/page/content/appeal-efiling
(accessed on 12 April 2020). 44
Joint Technology Committee. 2016. ‘Managing Digital Evidence in Courts’ National Center for State Courts.
United States. available online at https://www.ncsc.org/~/media/Files/PDF/About%20Us/Committees/JTC/
41
James E. McMillan, 2010. ‘Electronic Documents: Benefits and Potential Pitfalls’ Future Trends in State Courts. JTC%20Resource%20Bulletins/Digital%20Evidence%203-14-2016%20FINAL.ashx (accessed on 13 April 2020).

“
2.4 LISTING PRACTICES
A system for convenient storage, retrieval, and
”
documentation is essential to enable a virtual Improving listing practices can go a long way in helping judges manage their
court to function effectively. caseload and bring more certainty for lawyers and litigants. Cases should be
listed based on the workload of the judge, case type, and the subject matter of
the case. For the efficient functioning of a virtual court, it is important to have
two causelists for a court: one that lists the general hearing of cases in a physical
courtroom, and the second for hearings that will take place in a virtual court
where each party should be allotted a time slot. The courts should then conduct
2.3 DOCUMENT AND CASE MANAGEMENT
the hearings in the allocated time in the virtual court to prevent the disruption
of the physical hearings or prioritisation of one over the other. Listing practices
A system for convenient storage, retrieval, and documentation is essential can be optimised with the use of algorithms that can assess the needs of the
to enable a virtual court to function effectively. This would be especially court and its workload to make the best use of court resources.46 Effective
convenient in the appellate process. Today, when an appeal is filed the entire scheduling of cases is an indispensable part of the success of a virtual court.
set of papers of court/tribunal below have to be attached to the appeal. If all Judges should be particular about not giving pass-overs and
the pleadings and documents filed in the court/tribunal below are available on adjournments in virtual hearings. The practice of circulating mutually agreed
an online platform, which the appellate court could access though appropriate adjournment requests at least three days before the hearing, akin to the
unique docket numbers, it would save a lot of time and resources. practice already adopted by the Supreme Court can be encouraged to save
The eCourts Mission Mode Project Phase II45 stresses the need for the court’s time.
digitising records and the ability to retrieve relevant documents without any
hassle, but this has not yet been implemented.
Case management is crucial to understand the flow of cases and to
have provisions for relevant case information and necessary documents for
every process in the case to be available in a digital format. Under the current
system, case management exists only in the form of providing basic case and
hearing information. Case management hearings for setting the schedule for
the management of the case through its stages up to the time of delivery of
judgement can also be digitised to discourage the prolongation of such hearings.
45
E-Committee, Supreme Court of India. 2014. ‘Policy and Action Plan Document Phase II of the 46
DAKSH. 2019. Whitepaper Series on Next Generation Justice Platform, Paper 2: Transition and
E-Courts Project’. E-Courts. available online at https://ecourts.gov.in/ecourts_home/static/manuals/ Implementation. Bengaluru: DAKSH.
PolicyActionPlanDocument-PhaseII-approved-08012014-indexed_Sign.pdf (accessed on 12 April 2020).

3
Factors and
Circumstances to
be Considered for
a Virtual Court a. Scarce resources
At the current stage of technology, there isn’t enough bandwidth or
infrastructure to enable all courts to conduct hearings through a virtual court.
The quality of video conferencing depends on the availability of high-speed
internet and high-quality hardware and software. eCourts Mission Mode
Project Phase II has prescribed video conferencing facilities in one courtroom
in every district court complex.48 Hence, it is important to start using video
The use of video conferencing in courts can save time and effort for litigants conferencing for selected case types or certain stages. The advantage of this
and witnesses who are outstation and can enable courts to function in situations approach is that it requires fewer resources and gives an opportunity to evaluate
when physical presence is made difficult due to situations such as pandemics, the initial rollout to make improvements when the implementation is more
civil unrest, etc.47 A more widespread use of video conferencing across all courts widespread.
and stages of a case is probably still some time away in the Indian context. The effective functioning of virtual courts requires stable and
robust internet infrastructure suitable to handle high volumes of data and
uninterrupted power supply. The reliability of the infrastructure is essential to
create trust in the system. All lawyers may not have computers or smartphones.
3.1 FACTORS TO BE CONSIDERED BEFORE
To facilitate digital access, it is necessary to set up of work areas in court
IMPLEMENTING VIDEO CONFERENCING
premises (bar rooms and libraries for instance) with computers and internet
access or set up designated hearing rooms. There should also be a facility for
The broad factors that need to be kept in mind before implementing video help-desks or helplines that lawyers and litigants can call for assistance.
conferencing are as listed below:
47
Daniel Devoe and Sarita Frattarol, ‘Videoconferencing in the Courtroom: Benefits, Concerns, and How to 4
⁸ E-Committee, Supreme Court of India. 2019. eCourts Project Phase II Objectives Accomplishment Report
Move Forward’ Social law, Boston. available online at http://socialaw.com/docs/default-source/judge-william-g.- As per Policy Action Plan Document, Delhi: Supreme Court of India. available online at https://ecourts.gov.in/
young/judging-in-the-american-legal-system/04devoe-sarita-paper.pdf (accessed on 12 April 2020). ecourts_home/static/manuals/Objectives%20Accomplishment%20Report-eCourts-final_copy.pdf (accessed on
12 April 2020).

“
3.2 CIRCUMSTANCES WHERE VIDEO
Principles of due process and the right
”
CONFERENCING CAN BE IMPLEMENTED
to access justice should not be violated to
enable a virtual courtroom. Keeping in mind the factors listed above, video conferencing can be
implemented depending upon the following:
a. Nature of the case

Certain cases depending on their simplicity or sensitive nature may be more
suitable for the implementation of video conferencing. E.g. for cases under
b. Digital illiteracy Protection of Children from Sexual Offence, 2012, the legislation itself suggests
In India, at least 30 per cent of the population lacks basic literacy, and when the use of video conferencing to record the child’s testimony to protect the
it comes to digital illiteracy, the rate is about three times the illiteracy rate.49 interests of the child.51 In certain other cases like ex-parte cases where the case
Though the National Digital Literacy Mission50 has the objective of providing is relatively simple, the courts can consider using video conferencing. Section 10
digital literacy skills across rural areas, this objective is far from being realised. of this paper regarding the way forward elaborates on this further.
In the conversation on the accessibility of digital processes, this becomes PILs or other cases involving multiples parties should be heard virtually
becomes extremely vital given the importance of access to justice for all. While in a situation where social distancing needs to be maintained.
implementing virtual courts, it is essential to ensure that digital illiteracy is not
a hindrance to litigants accessing justice. The implementation of virtual courts b. Specific circumstances or stages
must be accompanied by provisions for assisting digitally illiterate people. The high courts can enforce the use of video conferencing facilities for certain
stages or circumstances of a case, e.g. the evidence stage of cases that requires a
c. Consent of parties witness to testify from a remote location. The option of video conferencing can
The consent of the parties is essential for a hearing to be conducted through a also be used when the counsel is in a different location from the court. Section
virtual court. Principles of due process and the right to access justice should not 10 of this paper regarding the way forward elaborates on this further.
be violated to enable a virtual courtroom. More deliberation is required on how
courts can take the lead to persuade litigants and lawyers to use technological
facilities.
49
Financial Express. 2018. ‘A look at India’s deep digital literacy divide and why it needs to be bridged’. Financial
Express, 24 September. available online at https://www.financialexpress.com/education-2/a-look-at-indias-deep-
digital-literacy-divide-and-why-it-needs-to-be-bridged/1323822/ (accessed on 12 April 2020).
50
National Digital Literacy Mission, NASSCOM Foundation. available online at https://nasscomfoundation.org/
national-digital-literacy-mission/ (accessed on 12 April 2020) 51
Section 36, POSCO Act, 2012.

c. By application For criminal cases, during an emergency, bail applications should
Parties to a case should have an option of requesting hearings through video be given preference as these involve the loss of personal liberty. Cases
conferencing. The concerned judge should decide on such a request after that have reached the sentencing stage should be considered as cases that
hearing the opposite parties. The rules governing virtual courts should specify require immediate attention.56 During emergencies courts should use video
guidelines on the basis of which judges can decide such requests. conferencing as the norm and physical appearances as the exception.57
The courts should be mindful and balance the rule of law, protect
d. Urgent cases fundamental rights58 and address the concerns of the emergency. High
In an emergency when the courts’ day-to-day activities have to be limited or courts should lay out detailed plans as to what constitutes ‘urgent cases’ in
stopped, only urgent matters should be heard through a virtual court. The emergencies.59
meaning of ‘urgent’ should be construed as cases that require immediate
attention. Many countries have detailed policies and guidelines for such e. Cases before certain tribunals and quasi-judicial bodies
emergencies or pandemics.52 Cases heard by certain tribunals and quasi-judicial bodies on matters
In civil cases, urgency can be construed as the possibility of such as motor accidents and consumer cases may be relatively simple in terms
unquantifiable loss or irreversible damage or if there is imminent threat of loss of the application of law and the nature of evidence. Such tribunals can save
of property.53 An application should be made to the relevant court by providing time by moving to a virtual court set-up. Tribunals that have circuit benches
reasons as to why the case falls under the category of urgent cases. The cases that move from state to state can also benefit from such a setup. Litigants and
that were originally scheduled to have hearings during the period of emergency lawyers do not have to wait till the bench actually reaches their state. Filing can
should be given preference. In family court cases, urgency could include cases be done online and preliminary hearings and hearings for interim relief can be
related to child care, custody, and restraining orders to protect vulnerable conducted online.
groups.54 It is necessary to point out here that during the lockdown of countries
due to the pandemic caused by COVID 19, there has been an increase in the
number of domestic violence cases reported.55
52
Bureau of Justice Assistance. 2007. ‘Guidelines for Pandemic Emergency Preparedness Planning: A Road Map 56
Hong Kong Guidelines on Urgent Hearings. available online at https://www.judiciary.hk/doc/en/court_services_
for Courts’, available online at https://biotech.law.lsu.edu/blaw/flu/bja-courts-roadmap-2007.pdf (accessed on 13 facilities/gap_urgent_hearing_20200309_20200322.pdf (accessed on 12 April 2020).
April 2020).
57
Interview with Arvind Datar, Senior Advocate (10 April 2020) Bar and Bench, available online at https://www.
53
Australian Capital Territory Civil and Administrative Tribunal ‘Urgent Hearings’ available online at https://www. barandbench.com/interviews/in-camera-senior-lawyers-should-insist-on-having-conferences-through-video-
acat.act.gov.au/hearings/urgent-hearings (accessed on 12 April 2020). senior-advocate-arvind-datar-video (accessed on 12 April 2020).
54
Ontario Courts, ‘Urgent Matter’. available online at https://www.ontariocourts.ca/ocj/covid-19/definitions- 58
Bureau of Justice Assistance. 2007. ‘Guidelines for Pandemic Emergency Preparedness Planning: A Road
urgent-matters/ (accessed on 12 April 2020). Map for Courts’.
55
Emma Graham-Harrison. 2020. ‘Lockdowns around the world bring rise in domestic violence’ 59
Sandhya PR. 2020. ‘Corona is a wake up call for Indian courts. They aren’t equipped to function in a crisis’,
The Guardian, 28 March available online at https://www.theguardian.com/society/2020/mar/28/lockdowns- The Print, 27 March 2020. available online at https://theprint.in/opinion/corona-is-a-wake-up-call-for-indian-
world-rise-domestic-violence (accessed on 12 April 2020). courts-they-arent-equipped-to-function-in-a-crisis/389224/ (accessed on 12 April 2020).

Many tribunals like the National Green Tribunal and the
Income Tax Appellate Tribunal are embracing video conferencing
facilities to hear cases and this has helped them to continue
functioning and hear cases during the lockdown.60 Other
tribunals like the Central Administrative Tribunal are facing the
consequences of not having initiated digitisation reforms and are
struggling to cope during the current situation.61
f. Court-mandated ADR
Arbitrators appointed by the courts may be directed to hold
arbitration proceedings through video conferencing, wherever
possible, especially if the arbitrators are in a different location
from the litigants. This will save time and money because
outstation arbitration proceedings not only delay matters but are
expensive for litigants and lawyers.
60
Press Trust of India. 2020. ‘Guj: NGT video conference system tested, may go live in Apr’,
Business Standard, 7 March. available online at https://www.business-standard.com/article/
pti-stories/guj-ngt-video-conference-system-tested-may-go-live-in-apr-120030700991_1.
html (accessed on 12 April 2020).
Maulik Vyas. 2020. ‘Mumbai ITAT initiates Skype, WhatsApp hearing for urgent matters
amid the pandemic outbreak’, Economic Times, 21 March. available online at https://
economictimes.indiatimes.com/news/economy/mumbai-itat-initiates-skype-whatsapp-
hearing-for-urgent-matters-amid-the-pandemic-outbreak/articleshow/74750273.cms
(accessed on 12 April 2020).
M Padmakshan. 2012. ‘ITAT: Four new e-courts to be launched, hearing through
video-conferences’, The Economic Times, 23 November. available online at https://
economictimes.indiatimes.com/news/politics-and-nation/itat-four-new-e-courts-to-be-
launched-hearing-through-video-conferences/articleshow/17329137.cms (accessed on 12
April 2020).
61
PTI. 2020. ‘COVID-19 Lockdown: No infrastructure to conduct hearings through
video conference, says CAT’, Deccan Herald, 11 April, available online at https://www.
deccanherald.com/national/covid-19-lockdown-no-infrastructure-to-conduct-hearings-
through-video-conference-says-cat-824047.html (accessed on 12 April 2020).

4 Architecture
of an Ideal
Virtual Court
Figure 2: Levels of access in virtual courts
Level 1
Bench Clerk
Judge
Typist
Level 2 Advocate Plaintiff/ Advocate for Defendant/

for Plaintiff/ Petitioner/ Defendant/ Accused/
Petitioner/ Apellant Accused/ Respondent
Apellant Respondent
A key determining factor for the successful implementation of a virtual court

system is the architecture of such a virtual court. The features available in a Level 3
virtual court structure must satisfy the needs and requirements of the judiciary Witnesses Police Other persons
while providing the facilities and atmosphere of a physical court. To this end, an called by court
ideal virtual court must be a single unified platform wherein facilities for calls,
meetings, messaging, document sharing, and other necessities are provided.
To understand the features of an ideal virtual court, it is first important to
identify the types of users in video conferencing hearings. There are four layers Level 4
of access to be provided in a virtual court set-up, depending on the user of the Public and Media
facility as shown in Figure 2.
The levels of access shown in Figure 2 range from one to four. Level one The links to join case hearings through video conferencing can be of two
access allows for unified management diagnostics, i.e. easy access to providing types, open court hearings or private court hearings. Cases that would have
rights, managing, and administering services through a single unified virtual been heard in the ordinary course in open courts will be provided a link to open
court. Level two access permits the use of a restricted number of features, level court hearings that can be viewed by the public. However, cases of a sensitive
three access allows participants to watch and speak at proceedings, and level nature that would have had in-camera proceedings and not heard in open court,
four access only allows participants to watch proceedings. The architectural will be provided a link to join a private court hearing where the public will not
design and access levels to various features in the virtual court are described be permitted to view the hearings.
below in the sequence in which hearings will take place through video The causelist for a day will also provide a live link for streaming the court
conferencing. proceedings on a streaming platform. This link will be accessible to the public
and media, and can be used to view court proceedings.
4.1 LISTING OF CASES AND ACCESSING THE VIRTUAL COURT
Keeping in line with the practice of releasing the causelist for a court on the day
before the date of hearing, the causelist for hearings through video conferencing “ The links to join case hearings through video
conferencing can be of two types, open court
hearings or private court hearings. Cases that
would have been heard in the ordinary course in
”
in a virtual court will also be released along with causelists for physical hearings.
Along with the regular details in a causelist such as the stage, case number, and
names of parties and advocates, the causelists for hearings in a virtual court will open courts will be provided a link to open court
also contain an additional column with the links to join the video conferencing hearings that can be viewed by the public.
facility in the virtual court.
Judges and court staff will be provided a universal link to log into the
virtual court with level one access, and participants of specific cases will be
4.2 AUTHENTICATION TO LOG INTO THE
provided case-specific links with level two or level three access. The causelist for
VIRTUAL COURT SYSTEM
hearings in a virtual court will also contain the time at which the case will be
heard based on time slots to be determined by the judge hearing the case after
taking into account the nature of the case and its stage. Accordingly, links to Participants seeking level one access and logging into the virtual court as a
join the video conference of a specific case as a party, advocate, or witness, etc. judge, bench clerk, or typist will be required to enter their name, an official ID
will be unique to each case and can only be logged into 30 minutes before the number to be provided by the court, upload a clear photo of their official ID,
hearing of a case. enter their mobile number, and a one-time password (OTP) sent to their mobile
phone to log in.

Participants logging into the virtual court for a specific case will be
4.3 LOGGING INTO THE VIRTUAL COURT SYSTEM - JOINING
asked if they seek to join the video conference as a party, advocate, or person
THE VIDEO CONFERENCE AND AUDIO-VIDEO CHECK
called by the court. Participants seeking level two access and logging into the
virtual court for a specific case as a plaintiff/ petitioner/ appellant, advocate for
plaintiff/ petitioner/ appellant, defendant/ accused/ respondent, or advocate for Participants seeking level two or level three access may log into the virtual court
any of them will have to enter their name and select whether they are a party system no earlier than 30 minutes before the scheduled time of their hearing,
or an advocate for a party. If they are a party, they must select the number of but must mandatorily be logged in 15 minutes before such scheduled time.
the plaintiff/ petitioner/ appellant or defendant/ accused/ respondent (whether After entering their details as described in the previous step, participants will
they are plaintiff one, or two, or three, etc.), and if they are an advocate they be required to permit their devices to access their camera and microphone and
must select the number of the plaintiff/ petitioner/ appellant or defendant/ check their audio and video settings to ensure that they are functional, before
accused/ respondent that they are representing. Advocates must upload a clear joining the video conference. Participants must sit facing a light source to
photo of their bar council ID, while parties must upload a clear photo of any ensure their faces are visible. Participants must also ensure that there is a space
government-issued photo ID card. They will also be required to enter their of half a metre on either side of them to allow room for hand and arm gestures.
mobile number and the OTP sent to their mobile phone to log in. Participants seeking level two or level three access will be made to wait
Participants seeking level three access and logging into the virtual court in a virtual waiting room until the judge or court staff marks the previous case
for a specific case as a witness, police, or any other person called by the court as completed and is ready for their case. Participants will be automatically put
will be required to enter their name, upload a clear photo of a government- on mute when they join the video conference and will be unmuted by the judge
issued photo ID card (the police will be required to upload a clear photo of their or court staff before the commencement of the hearing. Further, no participant
official ID card), enter their mobile number and the OTP sent to their mobile will be given the option to mute their microphone at their end, only the judge
phone to log in. and court staff will be given the option of muting a participant.
Participants seeking level four access and logging into the live streaming The number of participants seeking level four access will be restricted to a
platform of the virtual court as the public or media will be required to enter maximum of 50 people on account of limited bandwidth. Access to the 50 slots
their name, upload a clear photo of a government-issued photo ID card (media will be provided on a first come first served basis with slots being made available
personnel will be required to upload a clear photo of their official media photo if any person leaves the virtual court hearing.62 If any person leaves the virtual
ID card), enter their mobile number and the OTP sent to their mobile phone court window for more than three minutes, they will be automatically logged
to log in. out and that slot will be given to the next person in the queue.
62
Currently in the Supreme Court, as per the circular issued by it on 23 March 2020, the Deputy Registrar
(Public Relations Officer) is empowered to permit three media persons to be inside the video conference
room when a bench may take up extremely urgent matters. Supreme Court of India. 2020. Circular, 23 March,
available online at https://main.sci.gov.in/pdf/cir/23032020_153213.pdf (accessed on 11 April 2020).

Figure 3: Screen for a defendant/ accused/ respondent or their advocate
Case Number
List of Participants Judge
1.
2.
3.
Person Speaking
4. Prosecution Advocate
Prosecution Advocate Accused
4.4 SCREENS VISIBLE TO PARTICIPANTS Figure 4: Screen for a plaintiff/ petitioner/ appellant or their advocate
On joining the video conference, the screen visible to participants will vary Case Number
depending on the type of user and the features they can use. Figures 3 to List of Participants Judge
8 display examples of the screens that different users can see. The broad 4.
framework envisaged for the screens is to replicate a physical courtroom 5.
setting with the judge in front of the two parties, as far as possible in a virtual 6.
Person Speaking
setting. The plaintiff/ petitioner/ appellant or their advocate will be displayed 7. Respondent
on the bottom left corner depending on who is speaking or who last spoke.
Petitioner Advocate Respondent
The defendant/ accused/ respondent or their advocate will be displayed on
the bottom right corner depending on who is speaking or who last spoke. If a
witness is speaking, the face of the witness will appear in the middle while the
faces of other parties will move to the sides. Further, each party will see the
options available to them depending on their access level. The features shown
on the screens are explained in the subsequent paragraphs.

Figure 5: Screen for a witness, police, or other persons called by court Figure 7: Screen for a judge or court staff while passing orders
(can only view proceedings and speak when called upon to speak)
Order
Case Number
Case Number List of Participants
List of Participants Judge 2.
1. 3.
2. 4.
3. 5.
Person Speaking
4. Witness
Petitioner Advocate Respondent
Witness
Prosecution Advocate Accused
Figure 6: Screen for a judge or court staff Figure 8: Screen for the public and media
Case Number Case Number

List of Participants Judge List of Participants Judge
2. 1.
3. 2.
4. 3.
Person Speaking Person Speaking
5. Respondent 4. Prosecution Advocate
Petitioner Advocate Respondent Prosecution Advocate Accused

4.5 SPEAKING DURING THE HEARINGS 4.6 SHARING DOCUMENTS
Participants in a case will be permitted by the judge or court staff to join the During a hearing, if either party wishes to submit a document to the court, they
video conference when it is time for their particular case to be heard as per the may use the blue upload button available on their screen to upload a document
timing provided in the causelist, and after the previous hearing has concluded. for the judge and court staff to view. A document uploaded by any party will
When a person enters or leaves the video conference, all the other participants at first only be viewable by the judge and court staff. They may authorise
will be alerted. the document to be shared with other parties. Once a party has uploaded a
All participants will be on mute on joining the video conference and document, the judge and court staff will then see a red exclamation mark next
the judge or court staff will unmute all participants. The judge must instruct to that party’s document upload button - this indicates that a document has
all participants to use the green hand-raising feature if they wish to speak and been uploaded, and an action is required. The judge or court staff may then
the judge may then call on the participants to speak one after the other. To click on that party’s document upload button to see two options, the first to
avoid participants talking over each other or any disturbances, the judge(s) or share the document with other participants that the judge or court staff select,
their staff may mute other participants while one is speaking. The use of such a and second to download the document.
muting feature may however only be used as an exceptional means to optimise
the use of video conferencing and must in no way impinge upon a party’s/
advocate’s right to speak and express themselves as per the law. The judge must
allow the opportunity for all parties whose hands are raised to speak before
4.7 PASSING OF ORDERS
concluding the hearing of a case.
In the event that a litigant wishes to privately speak to their advocate or
vice versa during a hearing, they may use the orange chat button on their screen On the conclusion of a hearing, the judge may use the ‘orders’ button located
and select who they wish to chat with and a private pop-up chat box will appear on the top right corner of the screen to type out an order. The judge’s typist will
for their use. If a litigant wishes to speak over video to their advocate privately also have the same screen as the judge and will see the orders dialog box open
or vice versa, they may use the purple door button to enter a break room up when the judge clicks on the ‘orders’ button. The typist can then type out the
wherein a private pop-up video conference window will appear. To maintain order pronounced by the judge and the judge will view the typing in real-time.
attorney-client privilege, the video and audio recording of this break room will The judge may click on the keyboard button at the lower left end of the orders
be private and not available to any other participant of the video conference. dialog box to type and make any changes to the order. Once the order has been
The proceedings in the virtual courtroom will be muted until they exit the break prepared, the judge may then click on the signature button on the lower right
room and re-join the virtual courtroom. The judge may pause the proceedings corner of the order dialog box to insert a digital signature to the order, this
while the break room conversation is going on. However, caution must be to not will make it an original copy of the order. The order will then be made available
delay the proceedings in the hearing. in the normal course on the website of the high court or on e-Courts for the
trial courts.

To ensure that the virtual court hearings proceed smoothly without any
4.8 TRANSCRIPT AND RECORDING OF HEARINGS
disturbances, it is vital that ample and regular training be provided to lawyers,
judges and court staff regarding the functionalities in a virtual court. Further,
The video recording for all hearings conducted in a virtual court shall be robust training must be provided to court staff who are listed as support
stored by the courts for a period to be decided by the courts. Further, there will contacts to attend to the needs of participants in a timely fashion without delay
be an automatic system for voice to text transcription. The automated voice and provide them the support they require. There should be well-equipped
to text and subtitling capabilities will ensure that there is a text record of all helpdesks in each court/tribunal along with facilities for helplines that lawyers
proceedings that can be stored by the courts. Such text records will be stored can call in case they face any problems in navigating a virtual court.
and segregated as per the case number, these records can be used by the courts These trainings can also be used to elicit user feedback about the
as a summary of proceedings in cases much like the hand notes currently used functioning of the virtual court and make changes to the architecture
on physical paper files. accordingly.
The automated voice to text transcription feature will also ensure that
the text of the evidence provided by a witness is transcribed. On completion
of a hearing, the judge or court staff may email a copy of such testimony to
4.10 REQUESTS OR MENTIONING IN THE VIRTUAL COURT
the witness, require them to sign the copy and send a scanned version of the
document back to the court for its records.
As hearings in a virtual court are conducted online through video conferencing
with no physical meetings, requests for hearings to be adjourned, mentioning
of cases to be heard on that day, or requests to be heard in private must be
4.9 HELP DURING THE HEARINGS received at least two hours before the commencement of court hearings for the
day. All such requests shall be made through an online form to be provided on
All participants in a virtual court will be able to see a black question mark help the website of the high courts or on e-Courts for the trial courts. The online
button on the upper right-hand corner of the screen. Any participant who clicks form must capture case number, the name of the advocate, their contact details,
on that help button will then see a pop-up help window which will contain a a photo of their bar council ID card, a summary of the request, along with an
user guide with features available to a participant at their access level. If the user upload of their request application/memo.
guide does not help solve the problem faced by a participant, the participant Judges must review all such requests before the commencement of
may click on a ‘support’ button at the end of the pop-up window to see a hearings for the day. The judge may either accept or deny the requests and the
helpline number. parties and their lawyers will be informed accordingly. If the judge accepts a
request to hear a case on an urgent basis on that day, the party will be provided
a link to join the video conference and will have to be on standby to be heard at
the start of hearings on that day.

4.11 FEATURES OF A VIRTUAL COURT AND Implementation
S No. Feature Sub-feature time period
GUIDANCE FOR IMPLEMENTATION
3 Logging into the virtual Check camera, lighting, and Short-term

Table 1 provides a list of the features in an ideal virtual court and provides court system - joining space
a gradation for the priority of such features in the implementation of a the video conference
and audio-video check.
virtual court. Check audio and video Short-term
Table 1: List of features with guidance for implementation Waiting room Medium-term
Implementation Limit number of public viewers Medium-term

4 Screens visible to Plan the screens and features Medium-term
1 Listing of cases and Open hearings with public Short-term participants visible to various participants
accessing the virtual access
court 5 Speaking during the Entry and exit ping noises Short-term
Private hearings Short-term hearings
Raising hand feature Medium-term
Links for hearings and their Medium-term
timeslots in the causelist Muting feature Medium-term
2 Authentication to log Photo of official or Short-term Private conversation - chat, Short-term

into the virtual court government-issued photo ID and/ or breakroom
system card
6 Sharing documents Uploading documents to be Short-term
Mobile number and OTP Short-term shared with the judge and
parties
7 Passing of orders Screen sharing between judge Short-term

and court staff
Digital signature of the judge Short-term

Implementation
8 Transcript and Voice to text transcription of Short-term

recording of hearings hearings
Recording of hearings Short-term
Sending and receiving witness Medium-term

testimony transcripts
9 Help during the User manuals Short-term

hearings
Support contact Short-term
10 Requests or mentioning Requests or mentioning before Short-term

in the virtual court hearings begin for the day

5 Due Process
Concerns
to testify. This can be ensured by the use of anonymous testimony, a screen,
curtain, or two-way mirror to shield the witness while giving testimony.64 These
would be an extension of the witness protection measures already provided
for in the Witness Protection Scheme, 2018 such as holding of in-camera
trials, concealment of identity by referring to the witness by a pseudonym, or
anonymising the visuals and audio of such witnesses.
For younger witnesses who have grown up in the internet era and for
whom the conduct of a meeting and interaction via video is commonplace
and comforting, testifying via video conferencing may not involve the same
issues of establishing trust and comfortable communication that people of a
previous generation would face.66 For other vulnerable defendants e.g. those
suffering from attention deficit hyperactivity disorder (ADHD) or on the autism
spectrum, the multiple stimuli within a crowded court could be distracting
5.1 VULNERABLE WITNESSES
and unnerving. Alternatively, they might have an anxiety disorder which is
intensified by the requirement to testify in a courtroom filled with strangers.67
The use of video conferencing for testimonies of vulnerable witnesses needs Video conferencing may provide a more secure environment for such witnesses,
to be thought through and implemented with necessary safeguards. Special provided the right accommodations are made for them.68
accommodations may need to be provided when using video conferencing
to record testimonies of vulnerable witnesses such as minors, those with
language difficulties and who require an interpreter, those suffering from 64
Karen Kramer. 2014. ‘Witness protection as a key tool in addressing serious and organized crime’. available
online at https://www.unafei.or.jp/publications/pdf/GG4/Fourth_GGSeminar_P3-19.pdf (accessed on 12 April
mental disorders or learning disabilities, those in need of immediate medical 2020).
treatment, and those whose physical security is under threat.63 When the 65
Witness Protection Scheme, 2018 available online at https://crlreview.in/bills-acts-ordinances/witness-
physical security of a witness at a particular court or jurisdiction cannot be protection-scheme-2018-pdf-available/ (accessed on 12 April 2020).
adequately addressed, video conferencing from a safe location can shield 66

Penelope Gibbs. 2017. ‘Defendants on video–conveyor belt justice or a revolution in access?’ Transform
Justice, p. 25
such a witness from intimidation and provide them a secure environment
67
Penelope Gibbs, ‘Defendants on video–conveyor belt justice or a revolution in access?, p. 24
68
David Tait, et al. 2017 ‘Towards a Distributed Courtroom’ Western Sydney University, available online
at https://courtofthefuture.org/wp-content/uploads/2017/07/170710_TowardsADistributedCourtroom_
63
Jenni Ward. 2015. ‘Transforming ‘Summary Justice’ Through Police-led Prosecution and ‘Virtual Courts’ Is Compressed.pdf (accessed on 12 April 2020), p. 7.
‘Procedural Due Process’ Being Undermined?.’ British Journal of Criminology 55(2): 341-358, p. 350.

For certain witnesses, the use of video conferencing for the examination Courts will have to frame rules for accommodations for a vulnerable
and cross-examination of such witnesses may be unfamiliar, isolating, and witness to testify. The information and functionality of the platform used
may cause anxiety in an already vulnerable person and restrict effective for video conferencing should accessible to all users including people
communication.69 In the Indian context, this may be so if the person is with disabilities. The platform should comply with Guidelines for Indian
unfamiliar with computers and video conferencing. They must be assisted to Government Websites (GIGW) formulated by NIC so that people with
help them understand the process of examination and cross-examination so disabilities can use it effectively.73 Judicial and non-judicial staff also need to
that they can answer questions to the best of their capacity and face what can be trained to implement these rules. At present, the Witness Protection Scheme,
often be quite an aggressive cross-examination. This should be carried out in 2018 that the Supreme Court made applicable across India only provides for
advance of the testimony in a safe space. This briefing should be done by a witnesses under physical threat.74 These guidelines should be extended to
professional trained to work with vulnerable people such as a social worker witnesses with vulnerabilities such as medical conditions, physical, or
or counsellor. The briefing may include videos of witnesses making simple mental disabilities.
statements, then being examined and cross-examined. The roles of the various
lawyers, judges, and court staff should be explained to the witness.70 It is
particularly important to ensure that vulnerable witnesses understand the role
5.2 FAIRNESS OF THE JUSTICE SYSTEM
of the defence lawyer who can come across as aggressive. This is so that they do
not perceive aggressive questioning as a personal attack or feel that they have
done something wrong. They also need to be told that it is part of the job of the The maxim ‘Justice must not only be done but must be seen to be done’ may
defence lawyer to express doubts about the veracity of their evidence and it is sound cliched, but it is of great relevance in the context of video conferencing.
not an indictment of their character.71 Since the spatial organisation of video conferencing is so different from the
The judge should have the discretion to allow physical hearings instead setting of a physical court, efforts must be made to reassure litigants and lawyers
of appearances on video conferencing in the interests of fairness. There should that these virtual courts will approximate the experience of a physical court,
be an option for the witness or accused person to ask for themselves to be as far as possible. Fairness implies transparency in procedures, conspicuous
produced in court at a future hearing if they feel that their disability will make impartiality and consistency, explanation of rules and decisions, and the
a video conference appearance difficult e.g. if the person is hard of hearing or promotion of procedures that give parties a voice in the proceedings.75 To
requires special assistance.72 illustrate this point in the context of criminal trials, a defendant may feel
69
Penelope Gibbs ‘Defendants on video–conveyor belt justice or a revolution in access?’, p. 24. 73
‘Guidelines for Indian Government Websites’ available online at https://web.guidelines.gov.in/tools-and-
resources#accessibility (accessed on 12 April 2020).
70
P. Cooke, et al. 2002. ‘The virtual courtroom: a view of justice. Project to prepare witnesses or victims with
learning disabilities to give evidence’ Disability and Rehabilitation 24(11-12): 634-642, 634. 74
Mahender Chawla v. Union of India WP (Criminal) No. 156 of 2016.
71
The virtual courtroom: a view of justice. Project to prepare witnesses or victims with learning disabilities to 75
Dame Hazel Genn, ‘Online Courts and the Future of Justice’ at Birkenhead Lecture, 2017, p. 13.
give evidence, 638.
72
Penelope Gibbs ‘Defendants on video–conveyor belt justice or a revolution in access?’, p. 20.

comfortable telling a judge before whom they are physically present about
5.3 FAIR TRIAL GUARANTEES FOR CRIMINAL TRIALS
custodial violence, but cannot do so on video conference from prison because
the prison staff are present in the same room. Therefore, the architecture
of a video conference must allow the defendant to speak to their lawyer in Criminal trials require a different set of safeguards because they involve
confidence and speak to a judge without prison staff overhearing. an individual in confrontation with the state. How the state treats a person
accused of a crime provides a concrete demonstration of how much it respects
“
individual rights and liberties. In the context of video conferencing, it is
important to bear in mind the following fair trial guarantees:
Citizens should feel confident that even in a. Right to counsel
a virtual court their case will be heard on
”
Article 22(1) of the Indian Constitution provides that a person who is
arrested shall not be denied the right to consult and to be defended by a legal
merits, while giving a fair hearing to all practitioner of their choice. The Supreme Court has held that the right to access
parties, leading to enforceable remedies. legal aid, to consult and to be defended by a legal practitioner, arises when
a person arrested in connection with a cognizable offence is first produced
before a magistrate. It is the duty and obligation of the magistrate before whom
a person accused of committing a cognizable offence is first produced to
make him fully aware that it is his right to consult and be defended by a legal
Citizens should feel confident that even in a virtual court their case practitioner, and in case he has no means to engage a lawyer of his choice, that
will be heard on merits, while giving a fair hearing to all parties, leading to one would be provided to him at the expense of the state.77 The Supreme Court
enforceable remedies, utilising procedures that are conspicuously fair and has extended this right to the police interrogation stage as well by stating that
perceived to be so. Access to justice should extend beyond a citizen being able “But all that we mean is that if an accused person expresses the wish to have
to complete an online form and should mean that they are comfortable with the his lawyer by his side when his examination goes on, this facility shall not be
process. The judicial system, whether online or offline, should give all citizens denied, without being exposed to the serious reproof that involuntary self-
the ability to engage and participate. It must inspire confidence that they will be incrimination secured in secrecy and by coercing the will, was the project.”78
dealt with by fair procedures and will receive a substantively just outcome. This
is especially important in a common law system where decisions of the high
courts and Supreme Court become the law, communicate and reinforce norms
of social and economic behaviour, and provide a framework for the settlement
of future similar disputes.76
77
Md. Ajmal Kasab v. State of Maharashtra Criminal Appeal Nos.1899-1900 of 2011.
76
Dame Hazel Genn, ‘Online Courts and the Future of Justice’, p. 6. 78
Nandini Satpathy v. Dani (P.L.) 1978 AIR 1025.

b. Cross-examination and challenging of evidence
Section 138 of the Indian Evidence Act, 1872 provides for cross-examination of
witnesses. The right to cross-examination enables the defendant to discover the
source of the prosecution’s evidence and to challenge its veracity and value.81 It
is a testing mechanism to delve into the meaning of the witness’s statements,
and the truthfulness, memory, and perception of the witness. The reason why
hearsay evidence is not considered admissible except in certain exceptional
circumstances is hearsay cannot be put through a cross-examination.82 Cross-
examination is a craft perfected by effective trial lawyers. An effective cross-
examination consists of "questions" that are not really questions at all but are
assertions of fact, based on information already known to the lawyer which they
will prove through independent evidence if the witness waffles, evades, or lies.83
Cross-examination is not merely about what the witness is saying. There is a
physical aspect to it involving the witness’s demeanour, confidence, and whether
Even when remand hearings are conducted through video conferencing, they are hesitating while speaking. These are factors that will be difficult for
judges must ensure that the defendant is represented by a lawyer and they the judge to observe over video conferencing. It is difficult for a virtual cross-
should have a copy of the remand application.79 If the lawyer is not present, the examination to convey shifty eyes, stumbling speech, or the surprised blush of
judge must enquire why, arrange for a notice to be sent to the lawyer, and if the unskilled liar caught in the act.84
necessary arrange for a change of lawyer. In a virtual court, the location of the To ensure the reliability of testimony over video conference, it is thus
defence lawyer in a different location from the defendant may prevent crucial important that cross-examination be as close to a physical cross-examination as
consultation which otherwise takes place in a physical court. It is necessary to possible. If a party is not confident of this, they should have the right to request
provide the defendant with a means to communicate privately with his attorney. a physical cross-examination with reasons. If a party requests for physical cross-
The defendant should be able to signal their lawyer that they need to have a examination instead of video conferencing, the judge must make a reasoned
private conversation. The judge should permit such a conversation through a decision on such a request. Such a request should not be denied merely for the
private communication channel to preserve confidentiality and attorney-client reason of convenience and prosecutorial expedience.
privilege.80 The mechanism for this is explained in detail in the section on
architecture of an ideal virtual court.
81
David Harris. 1967. ‘The Right to a Fair Trial in Criminal Proceedings as a Human Right’, The International and
Comparative Law Quarterly, 16( 2): 352-37, p. 367.
82
Christopher B. Mueller. 2007. ‘Cross-Examination Earlier or Later: When Is It Enough to Satisfy Crawford?’,
Regent U. L. Rev.. 19: 319-363. p. 321-22
Orders dated 21 June 2005 and 23 November 2005 in Rajendra S. Bidkar v The State of Maharashtra Criminal
79
Writ Petition (PIL) NO. 386 OF 2004 83

John G. Douglass. 2003 ‘Virtual Cross-Examination: The Art of Impeaching Hearsay’, J. Mar. L. & Com. 34:
80
Shari Seidman Diamond, et al. 2010. ‘Efficiency and Cost: The Impact of Videoconferenced Hearings on Bail 149-157, p. 151.
Decisions’, The Journal of Criminal Law and Criminology, 100(3): 869-902 , p. 899-900.
84
John G. Douglass, ‘Virtual Cross-Examination: The Art of Impeaching Hearsay’, p. 154-5

“ Within the setting of a virtual court, the
defendant must be accorded dignity so
”
that he is not prejudicially perceived thus
affecting his presumption of innocence.
c. Presumption of innocence
The principle of presumption of innocence embodies freedom from arbitrary
detention and serves as a bulwark against punishment before conviction. More
importantly, it prevents the state from successfully employing its vast resources
to cause greater damage to an un-convicted accused than he/she can inflict on
society.85 The design of courtrooms and the nature of open courts exude a level
of neutrality and transparency in their openness and accessibility to the public,
and relative dignity in their layout. As opposed to this, the environment of a
prison from where an undertrial prisoner appears through video conferencing
is an enclosed and restrictive space. Care must be taken to ensure that the
presumption of innocence is not affected when the defendant appears on a
screen in court, locked firmly within the enclosed space of state control.86
Within the setting of a virtual court, the defendant must be accorded dignity
so that he is not prejudicially perceived thus affecting his presumption of
innocence.
85
Vrinda Bhandari. 2013 ‘Inconsistent and Unclear: The Supreme Court of India on Bail’, NUJS L. Rev., 6(3): 549-
558, p. 549.
86
Carolyn McKay. 2018 ‘Video links from prison: court “appearance” within carceral space’, Law, Culture and the
Humanities, 14(2): 242-262, p. 259.

6 Transparency
and Privacy
is needed is a public trial in open court. Trials held subject to public scrutiny
and gaze naturally act as a check against judicial caprice or vagaries and serve
as a powerful instrument for creating confidence of the public in the fairness,
objectivity, and impartiality of the administration of justice.88
The current state of technology allows trials to be live-streamed quite
easily. It also allows for easy recording and dissemination of court proceedings.
This implies that we need to be mindful of the circumstances in which certain
There is a long track record globally of openness being recognised as trials cannot be live-streamed. E.g. if a witness is under threat, their testimony
an inherent part of the judicial process. Indian courts have also followed being live-streamed could lead to recordings of their testimony being made and
the practice of open courts for the most part. Section 327 of the Cr.P.C. and circulated within minutes, thus endangering their lives. The Supreme Court
Section 153B of the C.P.C. both contain express provisions that declare that in Swapnil Tripathi v. Supreme Court of India said that certain sensitive cases
courtrooms shall be open to the public. The Supreme Court has also recognised like matrimonial, sexual assault, and matters where children and juveniles
the principle of open courts in Naresh Shridhar Mirajkar v. State of Maharashtra, are involved like POCSO cases should be excluded from the process of live
though it was caveated with the rule that openness should not come at the streaming. The Court also said that the presiding judge of each court will be
expense of justice being administered.87 the final authority to regulate suspension or prohibition of live streaming in a
particular case where the administration of justice so requires.89 Witnesses and
Most recently, the Supreme Court furthered the principle of open justice lawyers representing the parties to a case should be able to request the judge
by approving live streaming of court proceedings. The Court emphasised that all to not live stream or make public certain testimonies or the production of
cases brought before the courts, whether civil, criminal or others must be heard certain kinds of evidence. Apart from the abovementioned circumstances, all
in open court. For a healthy, objective and fair administration of justice, what
88
Swapnil Tripathi v. Supreme Court of India, Writ Petition (Civil) No. 1232 OF 2017.
87
Naresh Shridhar Mirajkar v. State of Maharashtra, 1966 SCR (3) 744. 89
Writ Petition (Civil) No. 1232 of 2017.

other proceedings in virtual courts should be live-streamed, keeping in mind Third, proportionality – the extent to which the state invades the individual’s
the constraints of bandwidth and technology. Transcripts of the proceedings privacy should be proportionate to the needs for achieving the legitimate aim.
should also be made public. Voice-to-text transcription should be a part of This condition is broken up into the following aspects:
the virtual court platform. Physical courtrooms have spatial constraints that
allow only a limited number of people access to watch the proceedings. Virtual 1. Legitimacy of the goal – the specific measure invading the individual’s
courts have the potential to overcome this limitation and open up access to privacy must have a legitimate goal;
court proceedings in an unprecedented manner. This can herald a level of
transparency that is unimaginable in the context of physical courtrooms. 2. Suitability or rationale nexus – the invasion must have a rational nexus with
In India, the usage of personal data or information of citizens is regulated the achievement of the goal;
by the Information Technology (Reasonable Security Practices and Procedures
and Sensitive Personal Data or Information) Rules, 2011 (IT Rules) that were 3. Necessity – the possibility of another alternative which is less restrictive but
passed under Section 43A of the IT Act, 2000 (IT Act). These IT Rules define equally effective should be ruled out before proceeding with the invasion of
personal information of an individual as any information that may be used individual privacy; and
to identify them. In case of any negligence in maintaining security standards
while dealing with the data, the IT Rules hold the body corporate (who is using 4. A positive balance – the cost that the invasion has on the rights of
the data) liable for compensating the individual. However, given the limitation individuals needs to be compared with any of its potential benefits. While
under Section 43A of the IT Act, the IT Rules do not apply to data generated by a data protection law is necessary to protect individuals against breaches
the government.90 and attacks, it needs to be balanced with the dissemination of data on the
With respect to data stored and made public, the principles laid down in activities of public institutions which is necessary to ensure democratic
the Supreme Court’s unanimous decision upholding privacy as a fundamental accountability.
right under Article 21 of the Constitution in Justice K S. Puttaswamy (Retd) v.
Union of India will play a pivotal role. The judgment, which emerged from a Although the overall policy governing judicial data should be open
challenge to the Aadhaar identification system, deals with the usage of data by data, it is important to keep in mind that sensitive information is frequently an
the state bodies and laid down a test to determine when the state can invade the important part of legal proceedings, even though cases are heard in an open
privacy of its citizens. This test requires the following three conditions to court. The ability to possess, transform, and use information, particularly when
be met: done in bulk, could have harmful consequences. There is thus a need to protect
the privacy of citizens while observing an open data principle.
First, legality – the invasion must be expressly sanctioned by law;
Second, necessity – the invasion must be in furtherance of achieving a

legitimate state aim under the Constitution; and
90
DAKSH. 2019. Whitepaper Series On Next Generation Justice Platform Paper 3. Bengaluru, p. 8 91
DAKSH, Whitepaper Series On Next Generation Justice Platform Paper 3, p. 14.

7 Technology
7.1 HARDWARE
The core component of a video conferencing system consists of hardware

elements that enable the capturing and transfer of video images and audio
sounds. The hardware encompasses camera facilities, microphones, and
electronic screens associated with various devices. In addition to this, having
echo cancellation software will help manage the lag in communication while
participants are on a video conference. Further, hardware and software for
data compression is required given the volume to data that will be generated.
Furthermore, all the data collected from various video conferences will have to
be stored, and cloud storage must be the preferred mode of storage. In order to
ensure smooth services, having reliable internet connectivity is also essential to
While implementing a video conferencing facility, the judiciary should this whole process.
ensure that the platform has features such as high-quality video, multi-
stream high–definition technology, live screen sharing, automatic bandwidth
adjustment, and cloud-based access.
7.2 DATA COMPRESSION
It is recommended that a specialised software compatible with the
eCourts infrastructure be used for video conferencing purposes, to ensure the
highest security standards. Apart from these factors, the video conferencing To optimise storage of data, it is necessary to compress the data. Advanced
platform should also be interoperable. It should secure data with true end-to- free and open-source loss-less compressions are now available in the market.
end encryption, protect against malware and provide for data-loss protection. MPEG-1 and MPEG-2 are the suggested compressed formats. Other formats
It should be accessible on various kinds of devices such as laptops, tablets, and can be used based on the device distribution. MP4 is the desired format for
phones, and it must facilitate a flexible transition to the cloud. mobile phones and tablets.

7.3 DATA TRANSFER 7.5 STANDARDS
Once digitally compressed, the video and audio data can be transmitted over a. Media Standards
a network. In most cases, a broadband internet connection is the preferred Video conferencing is only possible when the audio and video information is
network. It is recommended that a dedicated lease line be reserved only for the translated and transmitted using the same technology language or standards.
courts’ usage. To facilitate the transfer of large amounts of data amongst the For video, the codec system (coder-decoder technology to compress and
participants in a video conference, the SSH File Transfer Protocol (SFTP) can be decompress data) uses the H.264 standard at conferencing locations. The
used. SFTP protects against password sniffing, cyber-attacks, and protects the standard for video compression, H.264, is widely used in various applications/
integrity of the data using encryption and cryptographic hash functions, and devices such as video conferencing, mobile, and web platforms.
authenticates both the server and the user.
The Wireless Area Network that the courts should use will have to ensure b. Formats
that the video bandwidth adheres to the Quality of Service (QoS) implemented All video formats are not compatible with digital platforms when it comes
in both the WAN and LAN. Having a QoS will allow for managing the video to production and repurpose. This can create tremendous problems while
traffic in the bandwidth. When upgrading, ethernet instead of bonded T1 / E1 attempting to input, output, upload, and download necessary files.92 The
access lines should be used. This will enable future upgrades without local preferred video formats are:
loop replacement. 1. AVI [Audio Video Interleave]
2. MP4 Format [Moving Pictures Expert Group 4]
3. WMV [Windows Media Video]
4. MOV [Apple Quicktime Format]
7.4 AVOIDING FIREWALL BLOCKS
5. MPG Format
Firewalls are designed to protect systems from viruses and to provide security, c. Signalling
but these can block the transmission of video conferencing data. To support The International Telecommunications Union (ITU) developed the H.323 video
video conferencing, the firewall needs to recognise video signals, handle the conferencing standards and protocols to ensure compliance and to facilitate
communication traffic efficiently, and ensure no disruption to the firewall support across networks. H.323 is most common for video conferencing
protection and/or the video call services. It is recommended to use Session equipment but Session Initiation Protocol (SIP) is also rapidly being adopted
Border Controllers (SBCs), a combination of hardware and software equipment
to manage the firewall.
92
The following types of codecs are available:
FFmpeg – This family of free codecs includes formats that are made for compressing DVDs that have been
downloaded from any media storage.
XviD – An open source version of the codec is popular for bit size compression.
x264 –Popular for use in conjunction with high definition resolution, this codec is particularly adept at
compressing H.264 videos.

as the standard for video because it can work between many different forms petabytes of content. Since the same content has to be distributed across many
of communication such as voice, data, instant messaging, and Web 2.0-based locations, a variety of multicasting techniques may be used to reduce bandwidth
applications. consumption. Over private networks, it has also been proposed to select
multicast trees according to network load conditions to more efficiently utilise
available network capacity.
7.6 DATA-SHARING
b. Open CDN Architecture
Figure 9 shows what an open CDN architecture for the judiciary would
The video conferencing platform of the judiciary should allow for uploading look like.
videos, sharing documents in real-time and scaling shared video clips to an
ideal size. Figure 9: Open CDN architecture for the judiciary
NIC
7.7 CONTENT DISTRIBUTION NETWORK (CDN) Static Content
Storage
CDN nodes are usually deployed in multiple locations, often over multiple
internet backbones. These reduce bandwidth costs, improve page load times,
Dynamic Content Origin
and increase the availability of content. A decision regarding what kind
of CDN needs to be used must be decided on the infrastructure availability Intelligent Edge
Web app Server
of NIC. Computer
Load Balancer
And, or
a. Types of CDN
Private
In peer-to-peer (P2P) CDN, clients provide resources as well as use them. Judicial
This means that unlike client-server systems, the content-centric networks Data DDos
Protection
Centre
can perform better as more users begin to access the content. This is one of
the major advantages of using P2P networks because it reduces the setup and
Static Content
running costs. Storage
The judiciary can create their private CDN. A private CDN consists of
POPs (points of presence) that are only serving content among themselves. Web
application
These POPs can be caching servers, reverse proxies, or application delivery Dynamic Content
Origin
Firewall
Users
controllers. It can be as simple as two caching servers or large enough to serve

“
7.8 ARCHIVAL AND STORAGE
The key pieces of information to capture at the
Archiving begins from the moment of creation when when raw video footage
point of creation of the video include date and
time of recording or creation, the geographical
”
is recorded on a camera.. At this key stage, there is important information
about the video that must be captured to enable identification, authentication,
and use of the video later on. Such contextual information about the video has
location associated with it, basic description
to be captured at the time it is created. This metadata (i.e. data that allows for details and information of video’s creator.
unique identification of video content in this context) is critical to the video’s
authenticity, and to the ability to find, use, and understand the video.
The key pieces of information to capture at the point of creation of the
video include date and time of recording or creation, the geographical location
7.9 CAPTURE METADATA AND DOCUMENTATION
associated with it, basic description details and information of video’s creator.
This capturing of information will allow for security considerations and will
also allow us to treat different video recordings associated with the hearings There are many ways to capture metadata about the video at the point
differently. For instance, some may be private hearings and some public. This of creation. Information can be captured manually or automatically and can
process will allow for the bifurcation of such categories. be embedded in the video file or recorded in a separate document. Different
methods have different safety and security risks and logistical requirements.
The metadata captured should include:
a. Container:
Format, profile, commercial name of the format, duration, overall bit rate,
writing application and library, title, author, creator, recorder info, track
number, date, duration.
b. Video:
Format, codec id, aspect, frame rate, bit rate, colour space, chroma
subsampling, bit depth, scan type, scan order.
c. Audio:
Format, codec id, sample rate, channels, bit depth, language, bit rate, etc.
d. Text:
Format, codec id, language of subtitle, etc.
7.10 USING VIDEO ANALYTICS
The main goal of video analytics is to automatically recognise temporal and

spatial events in videos. Usually, these systems perform real-time monitoring
in which objects, object attributes, movement patterns, or behaviour related to
the monitored environment are detected. Machine learning and deep learning
approaches have revolutionised video analytics. The use of Deep Neural
Networks (DNNs) has made it possible to train video analysis systems to mimic
human behaviour. Systems that analyse facial expressions, body posture, and
gaze can be developed to assist the judiciary in the evaluation of litigants. Such
a system can detect emotions from body language and micro-expressions,
offering judiciary objective information that can confirm their hypotheses or
give them new clues. It is important to have a legal framework that would allow
for such analytics keeping in mind data privacy and security aspects discussed
in section 6 of this paper. To facilitate analytics, the videos can be stored
according to the following standards:
a. Container: MPEG-4, QuickTime, Matroska, AVI, MPEG-PS (including

unprotected DVD), MPEG-TS (including unprotected Blu-ray), MXF, GXF,
LXF, WMV, FLV, Real.
b. Tags: Id3v1, Id3v2, Vorbis comments, APE tags. Further, the features of such analytics software must include facilities to:
c. Video: MPEG-1/2 Video, H.263, MPEG-4 Visual (including DivX, XviD), a. View information in different formats (text, sheet, tree, HTML);
H.264/AVC, H.265/HEVC, FFV1. b. Customise these viewing formats;
c. Export information as text, CSV, HTML, etc.;
d. Audio: MPEG Audio (including MP3), AC3, DTS, AAC, Dolby E, d. Have graphical user interface, command line interface, or library (.dll/.so/.
AES3, FLAC. dylib) versions available;
e. Integrate with the shell (drag 'n' drop, and Context menu);
e. Subtitles: CEA-608, CEA-708, DTVCC, SCTE-20, SCTE-128, ATSC/53, f. Display any language on any operating system; and
CDP, DVB Subtitle, Teletext, SRT, SSA, ASS, SAMI. g. Have localisation capability.

7.11 WORKFLOW
Figure 10 provides a bird’s eye view of the workflow of the process of video
conferencing in a court.
Figure 10: Workflow of the video conferencing process in court
Create Transfer Acquire Organise Storage
a. Create d. Organise
Archiving begins from the moment of creation when raw video Organising the collection involves arranging the files into a coherent
footage is recorded on a camera. At this key stage, there is important directory structure, and naming those directories. It is needed to retain the
information about the video that must be captured to enable identification, original order of the video files and ensures that videos do not get lost or
authentication, and use of the video later on. The process of metadata accidentally overwritten.
starts here.
e. Storage
b. Transfer Storage is not just related to the device or service that is used to hold the
Transfer refers to the electronic or physical movement of video, metadata, videos, it also requires a set of actions or practices to ensure the media stays
and related documentation from one device or location to another. intact, secure, and accessible. Making copies, checking files, controlling
Transferring can occur at any point in a workflow and often happens at access, and refreshing the devices are simple strategies for keeping videos
multiple points. The result of a transfer is a file that is complete, unaltered, safe while in storage. Videos along with the transcripts and metadata
and in its original format. pertaining to each case can be stored along with the hearing data for public
view and access.
c. Acquire
Acquisition refers to the process of receiving video and metadata from a
source and adding it to the collection. The aim at this stage is to acquire
materials in a complete and intact form. Actions taken at this stage are
critical to later usability and preservation of the video.
8 International
Overview of
Virtual Courts
the last stage will involve adjudication by a judge but may not involve physical
hearings or a trial.96 It is assumed that the Online Solutions Court will ensure
that more litigants can access the courts, given the digitally friendly platform
that will help the litigants resolve their dispute.97
Video hearings are especially prevalent in criminal cases and most
criminal courts are equipped with video links within the court infrastructure.98
8.1 UNITED KINGDOM
Video hearings are ordered only upon the judge’s discretion.99 It is understood
that the court allows for the hearings to be open unless the court deems that the
The United Kingdom is on an ambitious path towards digitising its court hearings should be private in the interest of justice.100 At present, there is not
system.93 The Civil Courts Structure Review initiated a new legal framework enough data on the number of video hearings that take place or why the same is
that encompasses an Online Solutions Court for England.94 The Online ordered in the first place.101
Solutions Court envisions the first stage of the dispute process to be automated,
allowing litigants to identify their legal issues and upload relevant documents.95
In the next stage, there will be a case officer who will help the litigants, and 96
John Sorabji,‘The online solutions court – a multi-door courthouse for the 21st century’.
97
John Sorabji,‘The online solutions court – a multi-door courthouse for the 21st century’.
98
93
Joshua Rozenberg. 2019. ‘Justice Online: Are We There Yet?’, 21 February, available online at https://www.
gresham.ac.uk/lectures-and-events/justice-online-there-yet (accessed 12 April 2020).
99
HMCTS. 2020. ‘HMCTS video hearings: guidance for legal professionals’, HMCTS, 10 January, available online
at https://www.gov.uk/guidance/hmcts-video-hearings-guidance-for-legal-professionals (accessed 12 April 2020).
94
Lord Justice Briggs. 2016. ‘Civil Courts Structure Review: Final Report’, Judiciary of England and Wales,
available online at https://www.judiciary.uk/wp-content/uploads/2016/07/civil-courts-structure-review-final-
100
Judiciary of England and Wales. 2020. ‘Civil Justice in England and Wales Protocol regarding Remote
report-jul-16-final-1.pdf (accessed 12 April 2020). Hearings’, Judiciary of England and Wales, 26 March, available online at https://www.judiciary.uk/wp-content/
uploads/2020/03/Remote-hearings.Protocol.Civil_.GenerallyApplicableVersion.f-amend-26_03_20-1-1.pdf
John Sorabji. 2017. ‘The online solutions court – a multi-door courthouse for the 21st century’, Civil Justice
95 (accessed 12 April 2020).
Quarterly, 36 (1): 86 -104. 101

courts specify other applications. For instance, in certain courts in the state of
8.2 UNITED STATES OF AMERICA
Montana, applications are specified to be downloaded by the participants of the
video conferences.109
The United States of America has made pioneering efforts towards digitisation
of court proceedings. An Illinois court first used videophone bails hearings in
1972 and a court in Philadelphia installed a closed-circuit television system
in 1974 for arraignment-related hearings.102 Despite the early developments,
8.3 CANADA
many states within the US still allow for judicial discretion in deciding whether
a video conference is required.103 The debate in the US has evolved to include
discussions on the best practices in terms of electronic usage of documents Videotaped statements and closed-circuit television enabled hearings were
while looking into video conferences. For instance, automation is suggested to mooted in Canada as early as 1988.110 However, Canada has followed a cautious
allow for judicial authorisation of documents.104 To address privacy concerns, approach to allowing video conferencing.111 Judicial discretion is an intrinsic
certain courts like Florida, Pennsylvania, and Michigan are using automated part of the video conferencing system. For instance, the Ontario rules of
redaction software facilities.105 These software options work in tandem with civil procedure lay down the various criteria that will have to be considered
e-filing, case management, and document management software.106 Certain while allowing for video conferences.112 On evaluating existing case law and
courts in the state of Michigan are advanced in their handling of the video the rules, it is suggested that there is no rule where a judge can impose video
conferences and allow for live streaming of the same.107 As regards the platforms conferencing on an unwilling party, in the evidence stage.113 Access to court
used, courts are amenable to using networks like Zoom.108 Certain other
102
National Centre for State Courts. 1995. ‘Briefing Papers: Videoconferencing’, National Centre for State 108
State Court Administrative Office. 2020. ‘Michigan Trial Courts Virtual Courtroom Standards and Guidelines’,
Courts, available online at https://cdm16501.contentdm.oclc.org/digital/collection/tech/id/532 (accessed 12 April State Court Administrative Office, 7 April, available online at https://courts.michigan.gov/Administration/SCAO/
2020). Resources/Documents/standards/VCR_stds.pdf (accessed 12 April 2020).
Wisconsin Supreme Court. 2017. ‘Bridging the Distance: Implementing Videoconferencing in Wisconsin’,
103 109
Montana Seventh Judicial District Court. 2020. ‘Order for court procedure- coronavirus’, Montana Seventh
available online at https://www.wicourts.gov/courts/committees/docs/ppacvidconf.pdf (accessed 12 April 2020). Judicial District Court, 13 March, available online at https://courts.mt.gov/Portals/189/virus/local/7.pdf (accessed
12 April 2020).
104
James E McMillan. 2005. ‘Digital Rights Management, Technology Will Change the Way Courts Work’,
National Centre for State Courts, available online at https://cdm16501.contentdm.oclc.org/digital/collection/tech/ 110
Richard Francis. 2015. ‘Universal Design and Videoconferencing at Tribunals: Improving access from day one’,
id/585 (accessed 12 April 2020). Presented at Council of Canadian Administrative Tribunals Annual Conference, 24 February, available online at
https://cart-crac.gc.ca/about/intern_projects/project1-en.html (accessed 12 April 2020).
Thomas M Clarke. 2017. ‘Best Practices for Court Privacy Policy Formulation,’ National Centre for State
105
Courts, available online at https://cdm16501.contentdm.oclc.org/digital/collection/tech/id/876 (accessed 12 April 111

Amy Salyzyn. 2012. ‘A New Lens: Reframing the conversation about the use of Video Conferencing in Civil
2020). Trials in Ontario’, Osgoode Hall LJ 50: 429 -463.
Thomas M Clarke. 2017. ‘Best Practices for Court Privacy Policy Formulation,’ National Centre for State
106 112
Rule 1.08, Rules of Civil Procedure, available online at https://www.ontario.ca/laws/regulation/900194
Courts, available online at https://cdm16501.contentdm.oclc.org/digital/collection/tech/id/876 (accessed 12 April (accessed 12 April 2020).
2020).
Amelia Phillips. 2018. ‘Cross-Examination By Video Conferencing: Still The Exception To The Rule’, Mondaq, 6
113
107
State Court Administrative Office. 2020. ‘Michigan Trial Courts Virtual Courtroom Standards and Guidelines’, December, available online at https://www.mondaq.com/canada/Litigation-Mediation-Arbitration/761580/Cross-
State Court Administrative Office, 7 April, available online at https://courts.michigan.gov/Administration/SCAO/ Examination-By-Video-Conferencing-Still-The-Exception-To-The-Rule (accessed 12 April 2020).
Resources/Documents/standards/VCR_stds.pdf (accessed 12 April 2020).

records is available, subject to conditions and court discretion.114 In analysing provided while Microsoft Team is also used as an alternative.120 Courts are also
the use of video conferencing in Canada, it is suggested that there needs to be amenable to using Zoom and Skype for business.121
research that transcends the efficiency of technology and focuses on how video Table 2122 summarises international practices from the following
conferencing may impact the judicial process.115 countries: USA, Canada, Australia, and the UK.
8.4 AUSTRALIA
Virtual courtrooms in Australia are advanced in certain areas. For instance,

the e-courtroom facility allows for an entirely virtual proceeding without
any physical hearings.116 As in other jurisdictions noted above, Australia
also emphasises the importance of judicial discretion while allowing video
conference facilities. It has a streamlined process where participants intending
to use the video conference facilities will have to file a booking form to get
the video link.117 Charges are also levied on participants for using the video
conference facilities unless the court decides to use video conferencing for
its convenience.118 Technical considerations that ought to be followed for the
video conference are also specified.119 In certain courts, a specific court link is
114
Provincial Court of British Columbia. 2019. ‘Policy of the Provincial Court of British Columbia’, Provincial
Court of British Columbia, 10 December, available online at https://www.provincialcourt.bc.ca/downloads/
public%20and%20media%20access%20policies/ACC-2%20-%20Access%20to%20Court%20Records.pdf
(accessed 12 April 2020).
Amy Salyzyn, ‘A New Lens: Reframing the conversation about the use of Video Conferencing in Civil Trials in
115
Ontario’.
120
Federal Court of Australia. 2020. ‘National Practitioners/Litigants Guide to Virtual Hearings and Microsoft
Federal Court of Australia. 2016. ‘Technology and the Court Practice Note’, Federal Court of Australia, 25
116
Teams’, Federal Court of Australia, available online at https://www.fedcourt.gov.au/__data/assets/pdf_
October, available online at https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/ file/0019/62416/National-Practitioners-and-Litigants-Guide.pdf (accessed 12 April 2020).
gpn-tech (accessed 12 April 2020).
121
Supreme Court of Victoria. 2020. ‘Virtual Hearings Practitioner’s Factsheet’, Supreme Court of Victoria,
117
Federal Court of Australia. ‘Guidelines for videoconferencing’, Federal Court of Australia, available online at April, available online at https://www.supremecourt.vic.gov.au/sites/default/files/assets/inline-files/Virtual%20
https://www.fedcourt.gov.au/going-to-court/videoconferencing-guide (accessed 12 April 2020). Hearings%20-%20Practitioner%27s%20fact%20sheet_0.pdf (accessed 12 April 2020).
118
Federal Court of Australia. ‘Guidelines for videoconferencing’. While understanding this table, it is to be noted that there are practice differences that exist among the
122
courts situated within the same jurisdiction.

119
Federal Court of Australia. ‘Guidelines for videoconferencing’.

Table 2: Consolidation of the international practices
Features of Virtual
Courts USA Canada Australia UK
Video Hearings Available Available Available Available
Judicial discretion to be Judicial discretion to be Judicial discretion to be exercised. Judicial discretion to be exercised.
exercised. exercised.
Special Available Not available online. Recommended to use the in-built Still under development. Phone call
communication features in the network used for the options to clients are in place for now.
link to facilitate video conferencing or using a phone call/
discussions between SMS etc.
lawyers and clients
Public access to Live streaming for the Access to court records Courts discretion for allowing public Hearings to be open including allowing
hearings public is available. available, subject to participants. for live -streaming, unless the court
conditions and court decides otherwise.
discretion.
Network Used Some courts are using Not available online. Microsoft Team is also used as an Court sends the video link to the
Skype. Zoom is also used. alternative. Zoom, Webex, Skype for participants.
business are also used.
Instructions are provided regarding the
usage of the link.
BT MeetMe, Skype for Business, Zoom

are all utilised.
Recording of hearing Recorded by the court, Recording done in some The court records the proceeding. Public Court records the hearing, not open to
subject to certain matters. Authorisation not allowed to record. the public and participants to record the
exceptions. required, subject to rules hearing without the express permission
framed thereunder. of the court.

Features of Virtual
Courts USA Canada Australia UK
User Manuals for Available. Not available online. Available. Available.

participants
Interpretation Available. Not available online. Available. Not available online.

Facilities
Transcription of Available. Available. Access to Available. Available.

hearings court records available,
subject to conditions and
court discretion
Table Sources:
USA: Wisconsin Supreme Court. 2017. ‘Bridging the Distance: Implementing Videoconferencing in Australia: Federal Court of Australia. ‘Guidelines for videoconferencing’, Federal Court of Australia, available
Wisconsin’, available online at https://www.wicourts.gov/courts/committees/docs/ppacvidconf.pdf online at https://www.fedcourt.gov.au/going-to-court/videoconferencing-guide (accessed 12 April 2020); Federal
(accessed 12 April 2020); Rule 1.6, Rules of Criminal Procedure, available online at https://www.azcourts. Court of Australia. 2020. ‘National Practitioners/Litigants Guide to Virtual Hearings and Microsoft Teams’, Federal
gov/portals/20/2008RulesA/2009Rules/Aug2009orders/R060016.pdf (accessed 12 April 2020); State Court Court of Australia, available online at https://www.fedcourt.gov.au/__data/assets/pdf_file/0019/62416/National-
Administrative Office. 2020. ‘Michigan Trial Courts Virtual Courtroom Standards and Guidelines’, State Court Practitioners-and-Litigants-Guide.pdf (accessed 12 April 2020); New South Wales Government. ‘Interpreters
Administrative Office, 7 April, available online at https://courts.michigan.gov/Administration/SCAO/Resources/ and Translators’, available online at http://www.courts.justice.nsw.gov.au/Pages/cats/support/interpreters.aspx
Documents/standards/VCR_stds.pdf (accessed 12 April 2020); Michael Marciano. 2020. ‘’Virtual Court’ Is In (accessed 12 April 2020); Supreme Court of Victoria. 2020. ‘Virtual Hearings Practitioner’s Factsheet’, Supreme
Session’, Law.com, 6 April, available online at https://www.law.com/newyorklawjournal/2020/04/06/virtual-court- Court of Victoria, April, available online at https://www.supremecourt.vic.gov.au/sites/default/files/assets/inline-files/
is-in-session/ (accessed 12 April 2020). Virtual%20Hearings%20-%20Practitioner%27s%20fact%20sheet_0.pdf (accessed 12 April 2020).
Canada: Rule 1.08, Rules of Civil Procedure, available online at https://www.ontario.ca/laws/regulation/900194

(accessed 12 April 2020); Provincial Court of British Columbia. 2019. ‘Policy of the Provincial Court of British UK: HMCTS. 2020. ‘HMCTS video hearings: guidance for legal professionals’, HMCTS, available online at https://
Columbia’, Provincial Court of British Columbia, available online at https://www.provincialcourt.bc.ca/downloads/ www.gov.uk/guidance/hmcts-video-hearings-guidance-for-legal-professionals (accessed 12 April 2020); HMCTS.
public%20and%20media%20access%20policies/ACC-2%20-%20Access%20to%20Court%20Records.pdf 2020. ‘HMCTS telephone and video hearings during coronavirus outbreak’, HMCTS, available online at https://
(accessed 12 April 2020); Provincial Court of British Columbia. 2016. ‘Recording of Proceedings before Judicial www.gov.uk/guidance/hmcts-telephone-and-video-hearings-during-coronavirus-outbreak (accessed 12 April 2020);
Case Managers’, Provincial Court of British Columbia, available online at https://www.provincialcourt.bc.ca/ Judiciary of England and Wales. 2020. ‘Civil Justice in England and Wales Protocol regarding Remote Hearings’,
downloads/Practice%20Directions/NP%2010%20Recording%20of%20Proceedings%20Before%20Judicial%20 Judiciary of England and Wales, available online at https://www.judiciary.uk/wp-content/uploads/2020/03/Remote-
Case%20Managers.pdf (accessed 12 April 2020); Supreme Court of British Columbia. 2015. ‘Practice Direction hearings.Protocol.Civil_.GenerallyApplicableVersion.f-amend-26_03_20-1-1.pdf (accessed 12 April 2020).
Video Recording or Broadcasting of Court Proceedings’, Supreme Court of British Columbia, available online
at https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/civil/PD-48-Video_
Recording_or_Broadcasting_of_Court_Proceedings.pdf (accessed 12 April 2020).

9 Implementation
A road map for the successful adoption of video conferencing in the Indian
judiciary should balance the immediate needs of the pandemic with that of the
situation when normalcy will return in the near future. We recommend the
approach and indicative timelines detailed in Table 3 for the adoption of video
conferencing.

Table 3: Implementation approach
S No. Feature Priority
1 Ensure that current physical infrastructure in place is used optimally before committing 6 to 9 months from the current date
to additional infrastructure. As noted in section 2 of this paper, courts already have video
conferencing facilities. Some questions that leadership in the judiciary should engage
with in this context are: What is the level of their usage? If they are not being used as
much as was anticipated, what are the factors that limit their usage? Are they physical
and technological factors? Are they behavioural factors? Are they the outcome of
existing rules and/or regulations? Answering these questions will require putting in place
a robust statistical system and conducting rigorous evaluation studies. Such studies are
required before committing additional investment in the infrastructure that is required
to build a safe and robust video conferencing system.
2 Make rules that provide for increasing usage of video conferencing based on learnings 3 to 4 months from completion of the
from the above study, and also protecting the privacy of data. Draft rules should be study to notification of final rules.
placed in the public domain, feedback sought, and amendments incorporated.
3 Scope for video conferencing must be expanded on a pilot basis, for example in 3 court 6 to 9 months for the pilot project and 3
complexes (1 metro, 1 tier 2 location, and 1 rural location). The pilot project must run to 5 months for evaluation
for 6 months, after which functioning should be evaluated and results put in the public
domain.
4 In parallel after completion of the study

Enhancing technological functionalities, integration with e-filing, document management,
justice platform, and enabling data protection and privacy features. detailed in (1)
5 Next steps to be deliberated upon based on learnings from the pilot project. After evaluating the functioning of pilot
courts

10 The Way
Forward
10.1 VIDEO CONFERENCING AS THE DEFAULT

MODE FOR HEARINGS IN SELECT SITUATIONS
a. Outstation witnesses
Getting witnesses to depose poses a significant challenge in the Indian
justice system. Where witnesses reside at a city/town other than that of
the court that they are required to depose at, video conferencing should
be the norm.
b. POCSO Cases
The sensitivity of POCSO cases and the need to protect the victim from the
alleged perpetrator, make a compelling case for using video conferencing.
Provisions for conducting in-camera proceedings already exist and this
would be a natural extension.
It is clear that the Indian judiciary has over time appreciated the utility of
video conferencing in making justice more accessible and to protect vulnerable c. Heinous crimes against women
citizens. While the COVID 19 related lockdown forced several courts to switch Given the reluctance in reporting crimes against women and the social
to online hearings, it is necessary that the judiciary continue to maintain the stigma attached to women when filing a case against their alleged
momentum on digitization that has started during this period. The following perpetrators, women must be allowed to depose remotely using video
considerations should be kept in mind while charting the course to conferencing facilities. However, whether this can be extended to all
virtual courts: crimes against women or only heinous ones needs further discussion.

“
d. Consumer courts
Virtual courts can enable legal services
”
Video conferencing facilities will go a long way in ensuring that market
forces are balanced in situations where consumers pursue disputes against
providers of goods and services. authorities to reach people in far-flung areas
to enable them to access justice.
e. Commercial courts
Video conferencing would not present a challenge to the parties and lawyers
appearing in commercial courts. Further, commercial courts are required
to hold pre-trial conferences and follow case management practices that
10.3 USAGE BY LEGAL AID AUTHORITIES
enable focused hearings over a limited period by scheduling hearings in
advance. All these factors make commercial courts ideal for expanding the
use of video conferencing facilities. During the lockdown, State Legal Services Authorities began to provide
helplines to help and advice women and children who are victims of domestic
f. Tribunals violence.124 Virtual courts can enable legal services authorities to reach people
Many tribunal benches suffer from inadequacy of members - both technical in far-flung areas to enable them to access justice. In the aftermath of the
and judicial.123 Some tribunals have circuit benches that move across lockdown, these authorities should reach out to potentially affected groups like
different locations. Video conferencing can help optimise these scarce stranded workers, people who have lost jobs etc to see whether they need any
resources across benches - e.g. a technical member stationed at Chennai can legal assistance.
regularly be part of proceedings in Delhi.
10.4 ENSURING CITIZEN CENTRICITY

10.2 PARTIES TO BE ALLOWED TO REQUEST
HEARINGS THROUGH VIDEO CONFERENCING
At the heart of the any project for judicial reform is need to improve access
to justice for individual citizens. Virtual courts should be designed not just
Apart from making video conferencing the default mode for hearings in certain for the convenience and efficiency of the judiciary, lawyers, police and other
cases, parties and witnesses may be allowed to request the presiding officer to institutions but should also be designed keeping in mind convenience and ease
participate through video conferencing. The judge or presiding officer should be of use for citizens across the country.
empowered to accept or reject such applications based on guidelines laid down
and in the interests of timely justice.
124
The Delhi state Legal Services Authority has initiated one such helpline. The relevant office order is available
here: http://dslsa.org/wp-content/uploads/2020/04/OFFICE-ORDER-of-PURNIMA-MALIK.pdf (accessed on 24
123
Rojer Mathew v. South Indian Bank, Civil Appeal No. 8588 of 2019. April 2020).
11 A Framework
For Rules
11.2 APPLICABILITY
The rules must explicitly mention which courts the rules apply to - whether the
high court, trial courts, or both. If the court envisages trying video conferencing
facilities on a trial basis, the rules must also mention if they only apply to
specific benches in the high court or specific trial courts, etc.
With courts across the country being called upon to formulate directives Further, the rules must also mention which authority is empowered to
governing the conduct of case hearings through video conferencing, this section expand the applicability of the rules, the mode of such notification, and the
of the paper seeks to provide a framework or rules to actualise virtual courts. timeline for such applicability to more courts.
11.1 DEFINITIONS 11.3 INFRASTRUCTURE
The rules passed by courts must ensure that certain specifications are provided The courts must specify the minimum mandatory infrastructure to be in place
to clarify the extent of application of the rules and video conferencing facilities. at the courts before commencing the use of video conferencing facilities. Such
In specific, courts must specify: basic infrastructure must include rooms for video conferencing with ample
lighting, desktops/laptops for judges and court staff, high-speed internet,
a. The software to be used for video conferencing; good quality speakers and microphones, good quality video camera, printers,
b. Persons who can use the video conferencing facility; the facility for digital signatures, codec, echo cancellation software, cloud
c. The nature of access provided to various users; and storage, etc.
d. Which persons (other than judges, court staff, litigants, their advocates
and witnesses) can be called by the court to join the video conference.
c. Types of video conferences
11.4 HUMAN RESOURCES
As most case hearings in India are conducted in open court, the default
option for hearings through video conferences must be public hearings
As the success of any virtual court system would depend on the knowledge that can be viewed online by members of the public. However, as the law
of persons behind the system, courts must provide for and assign dedicated also provides for private hearings in the case of sensitive cases, the rules
experienced personnel to plan, manage, and implement the architecture must also allow for private video conferences to be held for such cases in
required to conduct case hearings through video conferencing. accordance with the law.
d. Types of access for users

The rules must specify the types of access that can be provided to users
11.5 USAGE
in a hearing conducted through video conferencing. Further, if the access
to public viewing is limited to a certain number of people, the rules must
a. Cases where hearings can be conducted through video conferencing specify the maximum number of persons from the general public who can
Due to constraints of cost, manpower, and more importantly bandwidth, view the hearing.
courts must stipulate the cases or circumstances under which cases can be
heard through video conferencing. Further, in situations where judges may e. Authentication
be given the discretion to allow or not allow for hearings through video With parties, their advocates, and witnesses not appearing physically
conferencing, the rules must provide guidance on the nature of exceptions before the courts, it is vital to ensure confirmation of their identity before
to be permitted. proceeding with the hearing of a case. Therefore, the rules must specify
the method of authenticating their identity remotely. For example, courts
b. Listing of cases could mandate that persons upload a clear photo of their photo identity
The rules to be framed by courts must specify the manner of notifying card (official identity cards for police or court officials, bar council cards for
the cases listed to be heard through video conferencing, and when such advocates, government-issued photo identity cards for others, etc.), enter
causelists would be made available. As far as practically possible, courts their mobile number and an OTP to log in.
must strive to provide time slots for the hearing of cases based on their
nature and stage so as to optimise judicial time in hearings conducted f. Accessing the video conference
through video conferencing. Further, courts must expressly clarify the The rules must specify how the links to join the video conference will be
timings during which hearings through video conferencing will shared, when they will be shared, what time the participants must join the
be conducted. video conference, what features they would be required to have (camera,
speaker, microphone), and any other requirements that the participants
must ensure they carry out (for example, sit facing a light source, ensure
that there is space of 1.5 metres around the person speaking, etc.)

g. Waiting room k. Passing of orders by the court and digital signatures
If the software used by the courts provides the feature of a waiting room The rules framed by courts must stipulate how orders will be passed by
until the beginning of a case hearing, the rules must explain the use of a courts and copies will be made available. If judges will be using digital
waiting room, when parties will be made to join the room and when their signatures for the orders, the rules must also specify the same.
case will be heard.
l. Requests filed before the virtual court
h. Manner of hearing cases As parties to a case often file applications or memos before the court
The rules must stipulate the etiquette to be followed in the hearing of during the hearing of a case, the rules must specify where and when such
cases through video conferencing so as to minimise the disruption in applications or memos can be filed. The rules must also specify how parties
proceedings. For instance, the rules could provide that all parties must will receive an acknowledgment of the receipt of their application or memo
remain silent until they are called upon by the judge to speak, or if the and the action taken on it.
software used by the courts has features to replicate the raising of one’s hand Further, in order to account for cases where any party wants to
or a feature to mute a participant, the rules must specify how and when mention a case for hearing or listing, seek an adjournment, or seek a private
such features can be used. hearing through video conferencing, the rules must stipulate the manner in
which such requests can be filed, and when and how they will hear back on
i. Private conversations between advocates and litigants the action taken on their request.
If the courts make use of a video conferencing software that allows
advocates and litigants to have private conversations during a hearing, m. No use of cell phones during proceedings
the rules must specify when and how such features to engage in private Keeping in line with rules prohibiting the usage of cell phones inside court
conversations can be used. halls, the rules must prohibit the use of cell phones by all participants
during the hearing of a case.
j. Sharing of documents during hearings
The rules must specify the method of sharing documents with the court
during hearings. If the software used by courts for video conferencing
allows for uploading of documents, the rules may specify the circumstances
under which such feature can be used, or in the alternative what documents
may be uploaded. If the court requires hard copies of any documents to be
provided in addition to the soft copy, the rules must stipulate that. Further,
in case of witness evidence provided through video conferencing, the rules
must specify how the transcripts of such evidence are to be signed by the
witness and sent to the court for the record.

11.6 IMPLEMENTATION SUPPORT 11.7 COLLECTION OF DATA
a. Calling of aids for participants For the courts to assess and evaluate the efficiency of video conferencing and
The rules must allow for the following persons to be present for hearings effectively utilising judicial time, the rules may provide for the collection of data
over video conferencing where required: translators, experts in sign regarding hearings through video conferencing and stipulate which authority is
language, persons to read documents aloud for visually challenged to analyse and suggest improvements based on the data collected.
participants, and interpreters for persons with mental or physical
disabilities. The rules must specify when such persons must be informed of
the case hearing and how they will be provided a link and guidelines to join
11.8 TRANSPARENCY
the video conference.
b. E-filing and e-payments The rules must stipulate that the court will ensure transparency in hearings held
If the courts so implement a mechanism, the rules may provide for the through video conferencing, with any relaxations or exemptions provided to
mode and method of e-filing and making of e-payments. The rules must participants being made known to the public in the interests of transparency
in such a case also prescribe the procedure to check which payments and adhering to the principle of open courts.
have been made, which documents have been uploaded, and also track
whether the documents have been reviewed and accepted or returned for
rectification of defects.
11.9 PRIVACY AND DATA SECURITY
c. Training of judges and court staff, support staff
Training of judges and court staff will be crucial in ensuring the success of The rules must specify the standards of privacy and data security to be
conducting case hearings through video conferencing. Therefore, the rules followed by the courts with regard to conducting case hearings through video
must specify the nature of training to be provided, who will be provided conferencing. In specific, the rules must also address how and where recordings
training, who will conduct the training, and when such trainings will be of hearings, documents shared online, and transcripts of the video conferences
conducted. The rules must also account for the training of support staff will be stored and secured, and the duration for which they will be stored
who will be deployed for answering any questions or helping participants and secured.
of a video conference with any technical difficulties they may face.

“
11.10 PROHIBITION ON RECORDING THE
PROCEEDINGS OF A VIDEO CONFERENCE The rules must also expressly prohibit any
form of audio or video recording of court
proceedings held through video conferencing
”
The rules must also expressly prohibit any form of audio or video recording
of court proceedings held through video conferencing when done without the
express prior written permission of the court. In this regard, the rules may also when done without the express prior written
provide for a strict fine or punishment against any person who records the permission of the court.
proceedings of a video conference through an audio or visual means.
11.11 PROVISIONS OF EXISTING LAWS TO APPLY

11.13 AMENDMENTS AND CLARIFICATIONS
REGARDING THE RULES
The rules may stipulate that provisions of the C.P.C, Cr.P.C, Information
Technology Act, 2000 and Indian Evidence Act, 1872 shall continue to apply
to hearings held through video conferencing, barring any exceptions to be The rules must stipulate the method and manner in which the rules may be
prescribed by the rules. amended or clarifications issued regarding the rules.
11.12 NON-OBSTANTE CLAUSE 11.14 SUNSET CLAUSE
In order to ensure that the rules have adequate legal backing to be implemented, In order to ensure that the rules stay relevant to the context of changing times,
the rules may provide for a non-obstante clause to override all other existing the rules may provide for a sunset clause to evaluate the rules after a fixed
rules/ regulations/ guidelines/ circulars that govern the conduct of hearings by period to check if any amendments need to be made.
courts through video conferencing.

18. E-Committee, Supreme Court of India. 2014. ‘Policy and Action Plan Document Phase II of the
Bibliography 19. eCommittee, Supreme Court of India. 2014. Policy and Action Plan Document Phase II of The
Ecourts Project, Annexure 2-I, available online at https://ecourts.gov.in/ecourts_home/static/manuals/
PolicyActionPlanDocument-PhaseII-approved-08012014-indexed_Sign.pdf (accessed on 11 April 2020).
1. ‘HMCTS telephone and video hearings during coronavirus outbreak’, HMCTS, available online at https:// eCommittee Supreme Court of India. 2016. eCommittee Newsletter, available online at https://doj.gov.in/
www.gov.uk/guidance/hmcts-telephone-and-video-hearings-during-coronavirus-outbreak (accessed 12 sites/default/files/eCommittee%20Newsletter%20-%20April%202016.pdf (accessed on 12 April 2020).
April 2020).
20. E-Committee, Supreme Court of India. 2018. ‘User manual, E-filing procedure for high courts and district
2. ‘Michigan Trial Courts Virtual Courtroom Standards and Guidelines’, State Court Administrative Office, courts in India’. E-Courts. available online at https://ecourts.gov.in/ecourts_home/static/manuals/efiling-
7 April, available online at https://courts.michigan.gov/Administration/SCAO/Resources/Documents/ User-manual.pdf (accessed on 12 April 2020).
standards/VCR_stds.pdf (accessed 12 April 2020);
21. E-Committee, Supreme Court of India. 2019. eCourts Project Phase II Objectives Accomplishment Report
3. Amelia Phillips. 2018. ‘Cross-Examination By Video Conferencing: Still The Exception To The Rule’, As per Policy Action Plan Document, Delhi: Supreme Court of India. available online at https://ecourts.
Mondaq, 6 December, available online at https://www.mondaq.com/canada/Litigation-Mediation- gov.in/ecourts_home/static/manuals/Objectives%20Accomplishment%20Report-eCourts-final_copy.pdf
Arbitration/761580/Cross-Examination-By-Video-Conferencing-Still-The-Exception-To-The-Rule (accessed (accessed on 12 April 2020).
12 April 2020).
22. E-Courts Project’. E-Courts. available online at https://ecourts.gov.in/ecourts_home/static/manuals/
4. Amy Salyzyn. 2012. ‘A New Lens: Reframing the conversation about the use of Video Conferencing in Civil PolicyActionPlanDocument-PhaseII-approved-08012014-indexed_Sign.pdf (accessed on 12 April 2020).
Trials in Ontario’, Osgoode Hall LJ 50: 429 -463.
23. Emma Graham-Harrison. 2020. ‘Lockdowns around the world bring rise in domestic violence’ The
5. Appellate Tax Tribunal ‘E-filing’. available online at https://www.itat.gov.in/page/content/appeal-efiling Guardian, 28 March available online at https://www.theguardian.com/society/2020/mar/28/lockdowns-
(accessed on 12 April 2020). world-rise-domestic-violence (accessed on 12 April 2020).
6. Australian Capital Territory Civil and Administrative Tribunal ‘Urgent Hearings’ available online at https:// 24. Federal Court of Australia. ‘Guidelines for videoconferencing’, Federal Court of Australia, available online
www.acat.act.gov.au/hearings/urgent-hearings (accessed on 12 April 2020). at https://www.fedcourt.gov.au/going-to-court/videoconferencing-guide (accessed 12 April 2020).
7. Bureau of Justice Assistance. 2007. ‘Guidelines for Pandemic Emergency Preparedness Planning: A Road 25. Federal Court of Australia. ‘Guidelines for videoconferencing’, Federal Court of Australia, available online
Map for Courts’, available online at https://biotech.law.lsu.edu/blaw/flu/bja-courts-roadmap-2007.pdf at https://www.fedcourt.gov.au/going-to-court/videoconferencing-guide (accessed 12 April 2020).
(accessed on 13 April 2020).
26. Federal Court of Australia. 2016. ‘Technology and the Court Practice Note’, Federal Court of Australia, 25
8. Business Standard, 7 March. available online at https://www.business-standard.com/article/pti-stories/ October, available online at https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-
guj-ngt-video-conference-system-tested-may-go-live-in-apr-120030700991_1.html (accessed on 12 April notes/gpn-tech (accessed 12 April 2020).
2020).
27. Federal Court of Australia. 2020. ‘National Practitioners/Litigants Guide to Virtual Hearings and Microsoft
9. Carolyn McKay. 2018 ‘Video links from prison: court “appearance” within carceral space’, Law, Culture and Teams’, Federal Court of Australia, available online at https://www.fedcourt.gov.au/__data/assets/pdf_
the Humanities, 14(2): 242-262. file/0019/62416/National-Practitioners-and-Litigants-Guide.pdf (accessed 12 April 2020).
10. Christopher B. Mueller. 2007. ‘Cross-Examination Earlier or Later: When Is It Enough to Satisfy Crawford?’, 28. New South Wales Government. ‘Interpreters and Translators’, available online at http://www.courts.justice.
Regent U. L. Rev.. 19: 319-363. nsw.gov.au/Pages/cats/support/interpreters.aspx (accessed 12 April 2020).
11. Circular for Creation of Login ID-VIDYO Application for Video Conferencing, District and Sessions Judge, 29. Financial Express. 2018. ‘A look at India’s deep digital literacy divide and why it needs to be bridged’.
Tis Hazari Court, Delhi, available online at https://delhidistrictcourts.nic.in/Circulars/March20/8aapril.pdf Financial Express, 24 September. available online at https://www.financialexpress.com/education-2/a-look-
(accessed on 10 April 2020). at-indias-deep-digital-literacy-divide-and-why-it-needs-to-be-bridged/1323822/ (accessed on 12 April 2020).
12. DAKSH. 2019. Whitepaper Series on Next Generation Justice Platform, Paper 2: Transition and 30. ‘Guidelines for Indian Government Websites’ available online at https://web.guidelines.gov.in/tools-and-
Implementation. Bengaluru: DAKSH. resources#accessibility (accessed on 12 April 2020).
13. DAKSH. 2019. Whitepaper Series On Next Generation Justice Platform Paper 3. Bengaluru. 31. Guidelines for hearing of cases through video conferencing during lockdown period in the subordinate
courts, 8 April 2020, available at http://hc.ap.nic.in/docs/guidl.pdf (accessed on 11 April 2020).
14. Dame Hazel Genn, ‘Online Courts and the Future of Justice’ at Birkenhead Lecture, 2017.
32. Guidelines for the Conduct of Court Proceedings between Courts and Remote Sites and the VC facilities
15. Daniel Devoe and Sarita Frattarol, ‘Videoconferencing in the Courtroom: Benefits, Concerns, and How set up at other places by the High Court of Jammu and Kashmir, 11 February 2020, available online at
to Move Forward’ Social law, Boston. available online at http://socialaw.com/docs/default-source/judge- http://jkhighcourt.nic.in/doc/upload/notices/1282_11022020.pdf (accessed on 10 April 2020).
william-g.-young/judging-in-the-american-legal-system/04devoe-sarita-paper.pdf (accessed on 12 April
2020). 33. HMCTS. 2020. ‘HMCTS video hearings: guidance for legal professionals’, HMCTS, 10 January, available
online at https://www.gov.uk/guidance/hmcts-video-hearings-guidance-for-legal-professionals (accessed 12
16. David Harris. 1967. ‘The Right to a Fair Trial in Criminal Proceedings as a Human Right’, The International April 2020).
and Comparative Law Quarterly, 16( 2): 352-37.
34. HMCTS. 2020. ‘HMCTS video hearings: guidance for legal professionals’, HMCTS, available online at
17. David Tait, et al. 2017 ‘Towards a Distributed Courtroom’ Western Sydney University, available online https://www.gov.uk/guidance/hmcts-video-hearings-guidance-for-legal-professionals (accessed 12 April
at https://courtofthefuture.org/wp-content/uploads/2017/07/170710_TowardsADistributedCourtroom_ 2020); HMCTS. 2020.
Compressed.pdf (accessed on 12 April 2020).

35. Hong Kong Guidelines on Urgent Hearings. available online at https://www.judiciary.hk/doc/en/court_ 52. Maulik Vyas. 2020. ‘Mumbai ITAT initiates Skype, WhatsApp hearing for urgent matters amid the
services_facilities/gap_urgent_hearing_20200309_20200322.pdf (accessed on 12 April 2020). pandemic outbreak’, Economic Times, 21 March. available online at https://economictimes.indiatimes.com/
news/economy/mumbai-itat-initiates-skype-whatsapp-hearing-for-urgent-matters-amid-the-pandemic-
36. Income Tax Appellate Tribunal, Practice Note, 9 November 2012. outbreak/articleshow/74750273.cms (accessed on 12 April 2020).
37. Interview with Arvind Datar, Senior Advocate (10 April 2020) Bar and Bench, available online at https:// 53. Michael Marciano. 2020. ‘’Virtual Court’ Is In Session’, Law.com, 6 April, available online at https://www.law.
www.barandbench.com/interviews/in-camera-senior-lawyers-should-insist-on-having-conferences- com/newyorklawjournal/2020/04/06/virtual-court-is-in-session/ (accessed 12 April 2020).
through-video-senior-advocate-arvind-datar-video (accessed on 12 April 2020).
54. Ministry of Corporate Affairs, General Circular No. 14/2020, 8 April 2020, available online at http://www.
38. James E McMillan. 2005. ‘Digital Rights Management, Technology Will Change the Way Courts Work’, mca.gov.in/Ministry/pdf/Circular14_08042020.pdf (accessed on 10 April 2020).
National Centre for State Courts, available online at https://cdm16501.contentdm.oclc.org/digital/
collection/tech/id/585 (accessed 12 April 2020). 55. Montana Seventh Judicial District Court. 2020. ‘Order for court procedure- coronavirus’, Montana
Seventh Judicial District Court, 13 March, available online at https://courts.mt.gov/Portals/189/virus/local/7.
39. James E. McMillan, 2010. ‘Electronic Documents: Benefits and Potential Pitfalls’ Future Trends in State pdf (accessed 12 April 2020).
Courts.
56. National Centre for State Courts. 1995. ‘Briefing Papers: Videoconferencing’, National Centre for State
40. Jenni Ward. 2015. ‘Transforming ‘Summary Justice’ Through Police-led Prosecution and ‘Virtual Courts’ Is Courts, available online at https://cdm16501.contentdm.oclc.org/digital/collection/tech/id/532 (accessed 12
‘Procedural Due Process’ Being Undermined?.’ British Journal of Criminology 55(2): 341-358. April 2020).
41. John G. Douglass. 2003 ‘Virtual Cross-Examination: The Art of Impeaching Hearsay’, J. Mar. L. & Com. 34: 57. National Company Law Tribunal. ‘E-filing’. available online at https://efiling.nclt.gov.in/mainPage.drt
149-157. (accessed on 12 April 2020).
42. John Sorabji. 2017. ‘The online solutions court – a multi-door courthouse for the 21st century’, Civil 58. National Digital Literacy Mission, NASSCOM Foundation. available online at https://nasscomfoundation.
Justice Quarterly, 36 (1): 86 -104. org/national-digital-literacy-mission/ (accessed on 12 April 2020)
43. Joint Technology Committee. 2016. ‘Managing Digital Evidence in Courts’ National Center for State 59. National Green Tribunal. ‘E-Filing’. available online at https://ngtonline.nic.in/efiling/mainPage.drt (accessed
Courts. United States. available online at https://www.ncsc.org/~/media/Files/PDF/About%20Us/ on 12 April 2020).
Committees/JTC/JTC%20Resource%20Bulletins/Digital%20Evidence%203-14-2016%20FINAL.ashx
(accessed on 13 April 2020). Office of Controller General of Patents, Designs & Trade Marks, Video Conferencing System, available
44. Joshua Rozenberg. 2019. ‘Justice Online: Are We There Yet?’, 21 February, available online at https://www. online at http://www.ipindia.nic.in/IPO-Video-Conferencing-System.htm (accessed on 10 April 2020).
gresham.ac.uk/lectures-and-events/justice-online-there-yet (accessed 12 April 2020). 60. Ontario Courts, ‘Urgent Matter’. available online at https://www.ontariocourts.ca/ocj/covid-19/definitions-
45. Judiciary of England and Wales. 2020. ‘Civil Justice in England and Wales Protocol regarding Remote urgent-matters/ (accessed on 12 April 2020).
Hearings’, Judiciary of England and Wales, 26 March, available online at https://www.judiciary. 61. P. Cooke, et al. 2002. ‘The virtual courtroom: a view of justice. Project to prepare witnesses or victims
uk/wp-content/uploads/2020/03/Remote-hearings.Protocol.Civil_.GenerallyApplicableVersion.f- with learning disabilities to give evidence’ Disability and Rehabilitation 24(11-12): 634-642.
amend-26_03_20-1-1.pdf (accessed 12 April 2020).
62. Penelope Gibbs. 2017. ‘Defendants on video–conveyor belt justice or a revolution in access?’ Transform
46. Judiciary of England and Wales. 2020. ‘Civil Justice in England and Wales Protocol regarding Remote Justice.
Hearings’, Judiciary of England and Wales, available online at https://www.judiciary.uk/wp-content/
uploads/2020/03/Remote-hearings.Protocol.Civil_.GenerallyApplicableVersion.f-amend-26_03_20-1-1.pdf 63. Press Trust of India. 2020. ‘Guj: NGT video conference system tested, may go live in Apr’,
64. Provincial Court of British Columbia. 2016. ‘Recording of Proceedings before Judicial Case Managers’,
47. Karen Kramer. 2014. ‘Witness protection as a key tool in addressing serious and organized crime’. available Provincial Court of British Columbia, available online at https://www.provincialcourt.bc.ca/downloads/
online at https://www.unafei.or.jp/publications/pdf/GG4/Fourth_GGSeminar_P3-19.pdf (accessed on 12 Practice%20Directions/NP%2010%20Recording%20of%20Proceedings%20Before%20Judicial%20
April 2020). Case%20Managers.pdf (accessed 12 April 2020);
48. Lord Justice Briggs. 2016. ‘Civil Courts Structure Review: Final Report’, Judiciary of England and Wales, 65. Provincial Court of British Columbia. 2019. ‘Policy of the Provincial Court of British Columbia’, Provincial
available online at https://www.judiciary.uk/wp-content/uploads/2016/07/civil-courts-structure-review-final- Court of British Columbia, 10 December, available online at https://www.provincialcourt.bc.ca/downloads/
report-jul-16-final-1.pdf (accessed 12 April 2020). public%20and%20media%20access%20policies/ACC-2%20-%20Access%20to%20Court%20Records.pdf
49. Lalltaksh Joshi. 2020. ‘Courts Adopting Video Conferencing: A Welcome Change’, Live Law, 29 March,
available online at https://www.livelaw.in/columns/courts-adopting-video-conferencing-a-welcome- 66. PTI. 2020. ‘COVID-19 Lockdown: No infrastructure to conduct hearings through video conference,
change-154488 (accessed on 9 April 2020). says CAT’, Deccan Herald, 11 April, available online at https://www.deccanherald.com/national/covid-
19-lockdown-no-infrastructure-to-conduct-hearings-through-video-conference-says-cat-824047.html
50. M Padmakshan. 2012. ‘ITAT: Four new e-courts to be launched, hearing through video-conferences’, (accessed on 12 April 2020).
The Economic Times, 23 November. available online at https://economictimes.indiatimes.com/news/
politics-and-nation/itat-four-new-e-courts-to-be-launched-hearing-through-video-conferences/ 67. Richard Francis. 2015. ‘Universal Design and Videoconferencing at Tribunals: Improving access from day
articleshow/17329137.cms (accessed on 12 April 2020). one’, Presented at Council of Canadian Administrative Tribunals Annual Conference, 24 February, available
online at https://cart-crac.gc.ca/about/intern_projects/project1-en.html (accessed 12 April 2020).
51. Maitri Porecha. 2019. ‘National Green Tribunal reeling under vacancies’, The Hindu Business Line, 29
October, available online at https://www.thehindubusinessline.com/news/national-green-tribunal-reeling- 68. Rishi Prakash, T. Mohanty, Ramji Gupta & Vinay Jain. 2011. ‘ICT in Indian Court, Challenges & Solution’,
under-vacancies/article29821953.ece (accessed on 11 April 2020). International Journal of Internet Computing (IJIC), 1(2): 24 available online at http://www.nja.nic.in/
session%202.pdf (accessed on 11 April 2020).

69. Sandhya PR. 2020. ‘Corona is a wake up call for Indian courts. They aren’t equipped to function in a crisis’, 78. Thomas M Clarke. 2017. ‘Best Practices for Court Privacy Policy Formulation,’ National Centre for State
The Print, 27 March 2020. available online at https://theprint.in/opinion/corona-is-a-wake-up-call-for- Courts, available online at https://cdm16501.contentdm.oclc.org/digital/collection/tech/id/876 (accessed 12
indian-courts-they-arent-equipped-to-function-in-a-crisis/389224/ (accessed on 12 April 2020). April 2020).
70. Sean E. Goodison, Robert C. Davis, and Brian A. Jackson.2015 ‘Digital Evidence and the U.S. Criminal 79. Times of India.2018. ‘E-filing service only at four high courts in India’, Times of India, 10 April. available
Justice System’ Priority Criminal Justice Needs Initiative. available online at https://www.ncjrs.gov/pdffiles1/ online at https://timesofindia.indiatimes.com/india/e-filing-service-only-at-four-high-courts-in-india/
nij/grants/248770.pdf (accessed on 12 April 2020). articleshow/58100660.cms (accessed on 12 April 2020).
71. Shari Seidman Diamond, et al. 2010. ‘Efficiency and Cost: The Impact of Videoconferenced Hearings on 80. Video Conferencing Guidelines Issued by the High Court of Delhi, available online at http://delhihighcourt.
Bail Decisions’, The Journal of Criminal Law and Criminology, 100(3): 869-902. nic.in/writereaddata/Upload/PublicNotices/PublicNotice_CQ84SWB5.PDF (accessed on 9 April 2020).
72. State Court Administrative Office. 2020. ‘Michigan Trial Courts Virtual Courtroom Standards and 81. Video Conferencing Guidelines, High Court of Himachal Pradesh, available at https://hphighcourt.nic.in/
Guidelines’, State Court Administrative Office, 7 April, available online at https://courts.michigan.gov/ pdf/VC%20_Guidelines_HP_HC.pdf (accessed on 11 April 2020).
Administration/SCAO/Resources/Documents/standards/VCR_stds.pdf (accessed 12 April 2020).
82. Vrinda Bhandari. 2013 ‘Inconsistent and Unclear: The Supreme Court of India on Bail’, NUJS L. Rev., 6(3):
73. State/High Court-wise Court Complexes and Corresponding Jails where Video Conferencing facility is 549-558.
operational (in reply to Unstarred Question on 11 July, 2019), from Ministry of Law and Justice, available
online at https://data.gov.in/resources/statehigh-court-wise-court-complexes-and-corresponding-jails- 83. Vujjini Vamshidhara. 2019. ‘Hyderabad: Video evidence valid in matrimonial row’, Deccan Chronicle, 4
where-video-conferencing (accessed on 9 April 2020). August, available online at https://www.deccanchronicle.com/nation/current-affairs/040819/hyderabad-
video-evidence-valid-in-matrimonial-row.html
74. Supreme Court of British Columbia. 2015. ‘Practice Direction Video Recording or Broadcasting of Court
Proceedings’, Supreme Court of British Columbia, available online at https://www.bccourts.ca/supreme_ 84. Wisconsin Supreme Court. 2017. ‘Bridging the Distance: Implementing Videoconferencing in Wisconsin’,
court/practice_and_procedure/practice_directions/civil/PD-48-Video_Recording_or_Broadcasting_of_ available online at https://www.wicourts.gov/courts/committees/docs/ppacvidconf.pdf (accessed 12 April
Court_Proceedings.pdf (accessed 12 April 2020). 2020).
75. Supreme Court of India. 2020. Circular, 23 March, available online at https://main.sci.gov.in/pdf/ 85. Witness Protection Scheme, 2018 available online at https://crlreview.in/bills-acts-ordinances/witness-
cir/23032020_153213.pdf (accessed on 11 April 2020). protection-scheme-2018-pdf-available/ (accessed on 12 April 2020).
76. Supreme Court of Victoria. 2020. ‘Virtual Hearings Practitioner’s Factsheet’, Supreme Court of Victoria,
April, available online at https://www.supremecourt.vic.gov.au/sites/default/files/assets/inline-files/
Virtual%20Hearings%20-%20Practitioner%27s%20fact%20sheet_0.pdf (accessed 12 April 2020).
77. Supreme Court of Victoria. 2020. ‘Virtual Hearings Practitioner’s Factsheet’, Supreme Court of Victoria,
April, available online at https://www.supremecourt.vic.gov.au/sites/default/files/assets/inline-files/
Virtual%20Hearings%20-%20Practitioner%27s%20fact%20sheet_0.pdf (accessed 12 April 2020).

Annexure - I
High Court Date of VC app Types of cases for VC How are cases filed How is scrutiny done Who can see How to access
Notification (Briefly) proceedings judgment/order
High Court of 11 April 2020 Jitsi Meet Urgent matters. Through e-filing. - Advocate or litigant -
Allahabad Parties need to send Comprehensive e-filing in person. Recording,
the request/application guidelines have been processing and/or
for urgent listing of provided separately. publishing of the VC
the fresh matter/ proceedings is not
pending matters permitted.
with details/nature
of urgency to the
concerned email id.
-
High Court of 15 April 2020 BlueJean Urgent matters Through e-filing - Advocate/party in -
Andhra Pradesh Meeting person
High Court of - Zoom Very urgent A complete petition - Concerned party. -

Chhattisgarh applications, for civil, with a note, explaning Recording of the
criminal as well as the urgency has to be VC hearing and
writ. The Chief Justice sent to the concerned proceedings is not
will decide upon the email id of the permitted.
urgency of the matter. Registrar Judicial.
High Court of 26 April 2020 Vidyo/Cisco Urgent matters Urgent matters to be - Advocates/litigants -
Delhi Webex filed through e-filing

High Court Date of VC app Types of cases for VC How are cases How is Who can see How to access
Notification filed (Briefly) scrutiny done proceedings judgment/order
High Court of 07 April 2020 Vidyo, Skype, Cases that are urgent and cases The concerned - - -
Gauhati Zoom and related to personal liberty. Fresh party should
Lifesize. Some of arrest and remand cases. contact the officer
these are used in charge. Phone
for administra- numbers are
tive purposes as provided on the
well. WhatsApp respective court
video call is websites
used for remand
matters.
High Court 16 April 2020 Cisco Webex/ Urgent matters Urgent matters - Concerned advocates -
of Himachal Jitsi Meet to filed to the
Pradesh concerned email id.
High Court of 24 April 2020 Vidyo Urgent matters. Whether a matter Urgent matters will - Concerned party. All the Orders/
Jharkhand is extremely urgent or not shall have to sent to an Recording/copying/ Judgments will be
be decided by the Chief Justice. email id. storing and/or uploaded.
Additionally, a list of ready cases broadcasting, by any
will also be listed, these include: means, of the hearing
Bail /Anticipatory Bail Application, and proceedings is
Suspension of sentence both in not permitted.
Criminal Appeal & Criminal Revision,
Matters relating to payment of
maintenance, Eviction matters,
Demolition matters, Matters relating
to removal from service & Pension
Matter, P.I.L., Stay matters, extremely
urgent Writ matters, any other matter
which is decided by the Chief Justice
to be extremely urgent matter.

High Court of 29 March Zoom/ Urgent cases Urgent request stating - - -

Kerala 2020 Whatsapp reasons in brief not
exceeding one page
needs to be sent to a
concerned email id.
High Court of 15 April 2020 Vidyo Only urgent matters. Through the e-filing Staff/officials Advocate to the case Orders passed
Madhya Pradesh The Registrar procedure available entrusted with the or party in person will be emailed to
(Judicial) after on e-courts. If that is task will review the that are essentiaal for the advocate and
examining the matter not possible then by soft copies for defects. the case.Recording/ uploaded on the
will place it before sending the petition to A list of defects, if any sharing or publishing website.
the Chief Justice who an official email id. will be provided to the of VC proceedings is
if satisfied with the parties. prohibited.
urgency of the matter
will direct to register
and list the case.
High Court of 17 April 2020 - Urgent matters. Sending requisite - Advocates/parties -

Madras Parties need to send documents to the
a memo with reasons concerned email id.
for urgency.
High Court of 08 April Vidyo Only urgent matters. A brief-note (one - A URL link is shared The orders passed will
Manipur 2020 page) should be with the concerned be uploaded on the
sent via email to the party via email or high court website and
concerned registry. SMS. ecourts for district
courts. The order will
also be communicated
to the concerned
party via email and
WhatsApp.

High Court Date of VC app Types of cases for VC How are cases filed How is Who can see How to access
Notification (Briefly) scrutiny done proceedings judgment/order
High Court of 14 April Vidyo Urgent cases only. Cases can be filed - A third party cannot -
Meghalaya 2020 Will be decided on via WhatsApp or by be present during
the merits of a case. emailing the officer in the proceedings and
charge and the note recording of the
filed should not exceed proceedings is not
two pages. permitted.
Orissa High 09 April Vidyo or Zoom Only extremely urgent matters. An application is sent The registry will Only the parties to The parties will
Court 2020 Cloud meetings. If to the registry via scrutinise the the case. Recording, receive the order
they fail to work, email. The application application and publishing or sharing through an email
WhatsApp video should state the ensure there of court proceedings or can access it on
call can be used. nature of such urgency are no defects. is strictly prohibited. the court website.
in the case.
High Court of - Vidyo. Other VC Urgent cases only, which will be Cases to be filed via - - -
Patna applications can decided by the presiding officer. email.
be used like Zoom
and Skype etc.
High Court of - Jitsi, if this not Urgent matters in the High Cases to be filed via - The parties are not -
Rajasthan functional, Court. Subordinate courts email. allowed to share the
Whatsapp can be to hear only urgent matter link with any third
used and matter related to bail party.
applications, appeals under
special Acts regarding bails,
remand matters, injunction/
stay applications, supurdagi
applications and statements
under section 164 of Cr.P.C.
including dying declarations.

High Court of 24 April 2020 Vidyo Urgent matters Cases to be filed via - - -
Sikkim email.
High Court of 27 April 2020 Cisco Webex Urgent matters, which Cases to be filed via The registrar after Video-conference -
Telangana meetings will be decided by the email. scrutinising, will place cannot be recorded/
Chief Justice. the matters before the stored nor broadcast,
Chief Justice for his in any manner
consideration. Once whatsoever, as
he is satisfied with the recordings/copying/
nature and urgency of storing and/or
the matter, the case broadcasting, by any
will be listed before means, of the hearings
the concerned bench. and proceedings
before the courts are
expressly prohibited.
High Court of 15 April 2020 Zoom Cloud Urgent matters - - Recording or sharing -
Tripura meetings or of proceedings is not
Vidyo app permitted.
can be used.
Other video
conferencing
applications
like Cisco
Web, Google
Hangouts can
be used.

High Court of 11 April 2020 Only urgent matters. A brief summary of The nodal office will The concerned party The orders are
Uttarakhand Jitsi Meet, Whether a matter is case and the reasons review the proposal will receive the VC uploaded on CIS/
Zoom call or urgent or not will be for such extreme of the case and flag id link, date and time NJDG.
Vidyo. In the decided by the Chief urgent hearings should the defects of the of hearing through
same order of Justice based on the be mentioned in the case to the concerned SMS/email/Whatsapp
preference. report submitted by proposal that is sent to party and he/she service.The party to
the registrar. the registry via email. can also request for the case cannot share
the proposal to be the link with anyone.
forwarded to the The recording of
court with defects. the proceedings is
The filing branch will prohibited.
register the case on
CIS and the case will
be forwarded to the
concerned court.

DAKSH
63 Palace Road
Vasanthnagar
Bengaluru 560052

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DAKSH. 2020. Video Conferencing in Indian Courts: A Pathway to the

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9. Santhini v. Vijaya Venketesh, (2018) 1 SCC 1.

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Supreme Court said that In the backdrop of COVID

2002 2008 2016 2018 2020

2003 2014 2017 2019

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In the wake of the unprecedented coronavirus pandemic, the Supreme

“ With changing times and advancements in

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Although various states are transitioning to the use of video conferencing

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DAKSH White Papers on Next Generation Justice Platform provide a

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a. Nature of the case

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Level 2 Advocate Plaintiff/ Advocate for Defendant/

A key determining factor for the successful implementation of a virtual court

4.1 LISTING OF CASES AND ACCESSING THE VIRTUAL COURT

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Prosecution Advocate Accused

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Prosecution Advocate Accused

Case Number Case Number

Petitioner Advocate Respondent Prosecution Advocate Accused

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3 Logging into the virtual Check camera, lighting, and Short-term

Implementation Limit number of public viewers Medium-term

2 Authentication to log Photo of official or Short-term Private conversation - chat, Short-term

7 Passing of orders Screen sharing between judge Short-term

Digital signature of the judge Short-term

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8 Transcript and Voice to text transcription of Short-term

Recording of hearings Short-term

Sending and receiving witness Medium-term

9 Help during the User manuals Short-term