Trial courts can now examine the accused via video conferencing, says Karnataka HC

BACKGROUND: 

The SC in its order dated 6th April 2020 in a suo moto writ petition gave certain guidelines for the virtual functioning of Courts in India by invoking its power under Article 142 of the Constitution “to do complete justice” in a matter pending before.

Rule 6(ii) states that, the Supreme Court of India and all High Courts are authorized toadopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies. 

Measures undertaken by the Karnataka HC to improve virtual hearing:

In pursuance to the SC guidelines the Karnataka HC in a suo moto writ petition rendered certain guidelines to improve the functioning of the Court virtually wherein the division bench comprising of Chief Justice Abhay Oka and Justice Vishwajit Shetty held that due to the pandemic situation the trial courts can now use video conferencing to record the plea of an accused with regard to framing of charges under Sections 228,240 and 252 and examination of accused under Section 313 of CrPCin case of accused in judicial custody and those out on bail.

Reason:

The Karnataka HC while rendering the order clarified that, such a measure is adopted to by the HC to reduce the physical presence of stakeholders in the Court precincts to meet the exceptional situation and to secure the functioning of the Courts by following best possible health practice. 

What does the provisions of law say?

Section 313 of CrPC enables the accused to personally explain his part in relation to the evidence brought against him before the Court.  Whereas 228 and 240 says about framing of charge and 252 says about conviction on plea of guilty. 

Procedure to be followed as per the guidelines

Accused under judicial custody:

The Rules framed by the HC mandates the presence of a “remote point coordinator”.  However, the Jail Superintendent or officer in charge of the prison shall be deemed to be the remote point coordinator.  In case if the judges require the signature of the accused then a copy of the charge framed and plea recorded will be sent to the remote point coordinator who will have to take a copy of it and get it signed by the accused and send it back to the Court. 

Accused out in bail:

The Court will appoint a proper person to act as the remote point coordinator in the place where the accused is present.  The rule mandates the Judicial officer to record the statement of the accused that the judge was visible and audible while he was explaining the charges made against him.