The Uttarakhand High Court has issued a directive to all district and sessions judges, as well as principal judges and judges of family courts across the state, to maximize the use of video-conferencing facilities for the production and participation of accused persons in custody. The move aims to streamline judicial processes while addressing security and manpower concerns.
Default Mode for Custody Appearances
In a communication released by the registrar general, the court emphasized that subordinate courts should adopt video conferencing as the default mode for custody-related appearances, particularly on dates when the physical presence of an accused is not essential. The directive aligns with previous instructions from the Supreme Court of India.
The circular specifies that prisoners should be produced before courts through video conferencing from jail premises on non-effective dates, which are hearings where their physical presence is not required, such as when witnesses are not being examined. This approach is expected to balance manpower requirements with security considerations.
Legal Framework: Nyay Shruti Rules 2025
The registrar general also noted that the High Court of Uttarakhand Electronic Communication and Audio-Video Electronic Means (Nyay Shruti) Rules, 2025, have been officially notified. These rules incorporate provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 to facilitate video-conferencing-based hearings.
Key BNSS Provisions Cited
The circular highlighted several critical BNSS provisions:
- Section 187: An accused in judicial custody may be produced through video conferencing except for the first appearance, which requires physical presence.
- Section 308: The accused may be present physically or virtually during the recording of evidence.
- Section 316: An accused in custody may be examined electronically, with signature verification to be completed within 72 hours.
- Section 392: An accused may hear the pronouncement of judgment through video conferencing.
The court has directed all recipient authorities to ensure strict compliance with these directions by courts under their jurisdiction. The initiative is part of broader efforts to modernize the judiciary and reduce the burden on prison infrastructure.
