Video conferencing and deposition in english
Prakash
(Querist) 09 February 2014
This query is : Resolved
Ld Counsels,
What is the process for getting statement of defense witness who is in foreign country recorded via video conferencing?
If sufficient court process fees were paid is it possible for Magistrate to get the statement of witness in English who doesnt understand the indian language of court ?
Please clarify, thanks.
Guest
(Expert) 09 February 2014
Please confirm the same with your Advocate to get the consent for the same in court and whether they would accept Translator Also.Actually this is New to me.
Rajendra K Goyal
(Expert) 10 February 2014
Generally such evidences are not allowed and admissible. Prey to the court to allow the same u/s 65B of Indian Evidence act.
Guest
(Expert) 10 February 2014
Language cannot be an embargo, but the responsibility to produce the defence witness rests on the defendant. I don't think judge would allows for evidence of defence witness through video conferencing.
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
Indian courts in the last decade have been proactive in embracing advancement in technology. One such pioneering step is the use of video conferencing for recording of evidence.
As per procedural law contained in CPC, written arguments are permissible after the oral arguments. The ‘Video Arguments’ are akin to written arguments and are permissible under the law being in accordance with Sec. 4 of ‘The Information Technology Act, 2000 reproduced below:
“ 4. Legal recognition of electronic records :- Where any law provides that information on any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law , such requirement shall be deemed to have been satisfied if such information or matter is -
(a) Rendered or made available in an electronic form: and
(b) Accessible so as to be usable for a subsequent reference.
If any information or matter is rendered or made available in an electronic form, and accessible so as to be usable for a subsequent reference, shall be deemed to have satisfied the requirement of the law which provides that information or any other matter shall be in writing or in the typewritten form.”Judicial system approves video conference of NRI hearing in India via Skype
Indian Judicial system has also appreciated the benefits of the growing technology and has embraced its use recently in hearing the plea of a NRI Dr Kunal Saha who had submitted his statements via Skype on the court hearings. A high court in Kolkata had allowed a doctor from the US to oppose a petition filed against him via a video conference on Skype.Recent Cases through Video conference:
2G scam: Raja allowed appearing before court via video conferencing
Wary of being transported with under-trials in a crowded jail van, A Raja had moved a plea to conduct judicial proceedings through video-conferencing in the 2G spectrum allocation scam case. During the arguments on Raja's plea, his lawyer Ramesh Gupta said the process of transportation and subsequent production in the court was "embarrassing" and moreover, no purpose would be served even if, he is physically brought.
Hope this solves the author's query.
