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േകരള സരകാര

GOVERNMENT OF KERALA

േകരള ഗസറ്

KERALA GAZETTE

ആധികാരികമായി ്പസിദെപടുതുനത

PUBLISHED BY AUTHORITY

Regn.No. KERBIL/2012/45073

dated 2012-09-05 with RNI

Reg No.KL/TV(N)/634/2021-2023

വാല്ം 14

Vol. XIV

നമര

No.

െചാവ, 2025 ഡിസംബര 23

Tuesday, 23rd December 2025

1201 ധനു 8

8th Dhanu 1201

1947 അ്ഗഹായനം 2

2nd Agrahayana 1947

Part III

Administration of Justice - Judiciary

േകരള സരകാര

GOVERNMENT OF KERALA

2025

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No. .

th December .

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GOPAKUMAR, G.,

0egistrar :eneral.

Kochi.

NOTIFICATION

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No. DI-1/43497/2005.

NOTIFICATION

12th December2025

WHEREAS, it is considered expedient to consolidate, unify and

streamline the procedures governing the use of audio-video electronic

means in the conduct of trials, inquiries, and other proceedings.

WHEREAS Section 530 of the Bharatiya Nagarik Suraksha Sanhita,

2023 (Act 46 of 2023) provides that all trials, inquires and proceedings

under the said Sanhita, including the examination of complainant and

witnesses, the recording of evidence in inquires and trials and all

appellate proceedings or other proceeding, may be held in electronic

mode by use of electronic communication or audio-video electronic

means.

WHEREAS the recording of evidence through electronic means and

the conduct of proceedings through audio-video conferencing are fully

recognised in all civil, criminal, commercial and matrimonial

proceedings before the High Court of Kerala and the District Judiciary in

accordance with the extant Electronic Video Linkage Rules for Courts

(Kerala) 2021, notified on August 25^th2021.

WHEREAS to avoid delay in proceedings arising from the non

availability of parties, advocates, witness it is considered expedient to

formulate and enable the use of audio-video electronic means before

Counsellors in Family Court, in Court annexed Alternative Dispute

Resolution processes including Arbitration, Mediation, Pre-litigation

Mediation, Lok Adalat, Departmental inquiry, as well as in proceedings

conducted by the Legal Services institutions under the Legal Services

Authorities Act, 1987 (Act 39 of 1987), and before such Tribunals as

may be notified by the High Court in the State of Kerala and the Union

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Territory of Lakshadweep from time to time, and 1n such other

proceedings as may be specified in the Rules.

In exercise of the powers conferred under Articles 225 and 227 of the

Constitution of India, and all other enabling provisions of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) and in exercise of all

other powers enabling it in this behalf, the High Court of Kerala, in

supersession of the existing Rules on the subject, and with the previous

approval of the Governor ofKerala conveyed in G.O.(Ms)No.223/2025/

HOME dated 04.12.2025 and that of the Administrator of the Union

Territory of Lakshadweep conveyed in F.No.1/6/2024-Pol(Part 11)/2037

dated 28.11.2025 hereby makes the following Rules.

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ELECTRONIC AUDIO VIDEO LINKAGE RULES (KERALA),

2025

CHAPTER I

PRELIMINARY

1 Short Title, Commencement and Applicability:

(1) These Rules shall be called "Electronic Audio-Video Linkage Rules

(Kerala), 2025".

(2) They shall come into force on the date notified by the High Court of

Kerala.

(3) These Rules shall apply to the High Court, Courts in the District

Judiciary in the State of Kerala and the Union Territory of Lakshadweep

and proceedings before the Commissioners appointed to record evidence

by such Court.

( 4) In the absence of any applicable rules, these Rules shall also apply to

proceedings before Counsellors in the Family Court, Court annexed

Alternative Dispute Resolution including Arbitration, Mediation, Pre

litigation Mediation, Lok Adalat, Departmental inquiry, proceedings

conducted by the Legal Services institutions under the Legal Services

Authorities Act, 1987 (Act 39 of 1987), proceedings before the Tribunals

notified by the High Court in the State of Kerala and the Union Territory

of Lakshadweep from time to time and to such other proceedings as are

mentioned in these Rules.

2 Definitions:-

(1) In the construction of these Rules, the following terms (unless the

context or subject matter otherwise requires) shall have the respective

meanings hereinafter assigned to them:

(a)

"Advocate" means and includes an Advocate entered in any roll

under the provisions of the Advocates Act, 1961 (Act 25 of

1961 ), all

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Government Law Officers, and Prosecuting Officers as defined under the

explanation to sub-section (6) of Section 18 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (Act 46 of 2023);

(b)

"Authorities, bodies, institutions or persons under the Legal

Services Authorities Act, 1987 (Act 39 of 1987)" include all persons,

bodies or institutions conducting court-annexed alternative dispute

resolution proceedings, including Permanent Lok Adalats, Lok Adalats

and proceedings conducted by the Kerala State Legal Services Authority,

High Court Legal Services Committee, District Legal Services

Authorities, Taluk Legal Services Committees, and also Arbitrators,

Mediators and mediation or arbitration institutions such as Alternative

Dispute Resolution Centre, High Court Mediation Centre, District

Mediation Centres, Additional District Mediation Centres, Mediation

Sub-centres, High Court Arbitration Centre, and any other institution

notified for court annexed Alternative Dispute Resolution;

( c)

"Commissioner" means a person to whom a commission is issued

under the provisions of the Code of Civil Procedure, 1908 (Act 5 of

1908) or the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)

or any other law for the time being in force;

( d)

"Co-ordinator" means a person nominated as Co-ordinator under

Rule 5 of these Rules;

( e)

"Court" means any Court in the District Judiciary, or Tribunal or a

Board or Authority exercising judicial functions over which the High

Court exercises supervisory or appellate jurisdiction, whether conducting

the proceedings in a physical, virtual or hybrid mode;

(f)

"Court Point" means the courtroom or other place where the High

Court, Court or Forum sits or holds proceedings, or such place as

designated for the conduct of such proceedings;

(g)

"Court User" means a user participating in the proceedings through

electronic audio-video linkage at a Court Point;

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(h)

"Designated Electronic Audio-Video Communication Platform"

means any application, algorithm-driven interface, digital environment,

software, or system, approved by the High Court from time to time for

conducting or facilitating proceedings under these Rules through audio

video electronic means, including but not limited to live interaction,

remote appearance, recording, or transmission of proceedings under

these Rules, regardless of the underlying technology or mode of access;

(i)

"District Judge" means the Principal District and Sessions Judge of

the District and the District Judge of the Union Territory of

Lakshadweep;

(J)"Electronic Audio-Video Linkage" or "Video Conferencing" means

any secure and interactive technological medium enabling real-time

audio-video communication between two or more persons or locations,

including a Court Point and a Remote Point, for conducting judicial or

other proceedings through a designated electronic audio-video

communication platform or any other mode approved by the High Court,

and includes a Live Link;

(k)

"Forum" includes Commissioners, Authorities, Bodies, Institutions

or Persons under the Legal Services Authorities Act (Act 39 of 1987) as

defined in these Rules and any other forum or authority conducting any

proceedings, including Alternative Dispute Resolution proceedings

under these Rules;

(1)

"High Court" means the High Court ofKerala;

(m) "Live Link" means a secure, real-time audio-video communication

facility,

including the one made available through electronic

communication platforms, that enables a person to be virtually present

before the Court and participate in the proceedings, and which allows the

High Court, Court or Forum, where necessary, to restrict communication

between such person and any other Participant;

(n)

"Participant" in the context of a proceedings conducted in

compliance with these Rules includes Advocates, Required Persons,

Court-appointed

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persons,

including

Co-ordinators,

Interpreters,

Readers,

Special

Educators, Translators, and any other person whose presence is directed

or permitted by the High Court, Court or Forum;

( o)

"Remote Point" means a place from which any person participates

in any proceedings before the High Court, Court or Forum, other than

from the Court Point through electronic audio-video linkage, and

includes designated places under the Bharatiya Nagarik Suraksha

Sanhita, 2023 (Act 46 of 2023), for conducting proceedings through

audio-video electronic means and includes Vulnerable Witness

Deposition Centres;

(p)

"Remote User" means a user participating from a Remote Point

through electronic audio-video linkage;

( q)

"Required Person" includes;

(i)

the person who is to be examined or whose statement is to be

recorded;

(ii)

any party, accused or any other person in whose presence certain

proceedings are to be recorded or conducted;

(iii) a party in person;

(iv) any person, including a victim;

( v)

any other person who is permitted to appear through electronic

audio- video linkage.

(2) The words and phrases used but not defined herein shall have the

same meaning as assigned to them in the Bharatiya Nagarik Suraksha

Sanhita, 2023 (Act 46 of 2023); Bharatiya Sakshya Adhiniyam, 2023

(Act 47 of 2023); Information Technology Act, 2000 (Act 21 of 2000);

General Clauses Act, 1897 (Act 10 of 1897)/Kerala Interpretation and

General Clauses Act, 1125( Act 7 of 1125 M.E.); Civil Rules of Practice,

Kerala; Criminal Rules of Practice, Kerala and the Electronic Filing

Rules for Courts (Kerala), 2021.

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CHAPTER II

GENERAL PRINCIPLES

3 Principles:-

( 1) All proceedings before the High Court, Court or any Forum and all

stages of judicial or other proceedings, where any person is required to

appear or to be present, may be conducted through audio-video electronic

means, including video conferencing and live link facilities, and these

Rules shall be applicable to such proceedings.

(2) All proceedings conducted through audio-video electronic means,

including electronic audio-video linkage and live link facilities, shall be

deemed to be judicial proceedings, and all the courtesies and protocols

applicable shall apply to such proceedings. The protocols mandated in

Schedule I of these Rules shall be adhered to in all such proceedings.

(3) All relevant statutory provisions applicable to judicial proceedings,

including the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023

(Act 46 of 2023), Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023),

Contempt of Courts Act, 1971 (Act 70 of 1971), Information Technology

Act, 2000 (Act 21 of 2000), Code of Civil Procedure, 1908, Civil Rules

of Practice, Kerala, Criminal Rules of Practice, Kerala, Electronic Filing

Rules for Courts (Kerala), 2021, and the Rules of the High Court of

Kerala, 1971, and all Circulars, Guidelines or Rules issued under the

above Acts shall apply to proceedings conducted under these Rules.

( 4) The High Court or the Court may carry out any act, process, or

proceedings authorised under the Bharatiya Nagarik Suraksha Sanhita,

2023 (Act 46 of 2023) through electronic audio-video linkage.

( 5) The High Court or the Court may also use the modes of electronic

audio-video linkage for plea bargaining under Chapter XXIII of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

(6) The High Court, Court or Forum and every stakeholder institution

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involved in such proceedings shall, as far as practicable, ensure the

availability of infrastructure, devices and connectivity for participating in

proceedings through audio-video electronic means, including electronic

audio-video linkage.

(7) Subject to the independence, impartiality, and credibility of judicial

proceedings, and to such directions as the High Court may issue from

time to time, the High Court, Court or Forum shall adopt such

technological changes and solutions as may become available from time

to time.

(8) The integrity and security of proceedings conducted under these

Rules shall be preserved at all times, and any instance of unauthorised

access, attempted intrusion, or security breach shall be promptly reported

to be dealt with in accordance with law.

(9) The confidentiality of proceedings conducted under these Rules shall

be maintained by all Participants and persons present, and no

broadcasting, photographing, publishing, recording, sharing or usage of

such proceedings, either wholly or in part, shall be made except with the

written permission of the High Court, Court or Forum.

(10) Where the facilities specified in Rule 4 are fully or partially not

available at the Court Point or the Remote Point, it shall be the

responsibility of -

(i) the prosecution, in all criminal cases where the prosecution or the

Court seeks or directs the use of electronic audio-video linkage;

(ii) the accused, where such proceedings are sought for the examination

of defence witnesses, except where the accused is receiving legal aid, in

which case the responsibility shall vest with the Legal Services

Institution concerned under the Legal Services Authorities Act, 1987

(Act 39 of 1987); and

(iii) the party seeking such proceedings, in civil or other matters;

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to ensure that the required facilities are in place, or any deficiencies are

rectified, unless otherwise directed by the Court.

Provided that where the Participant is in prison, hospital or any other

institution, it shall be the responsibility of the Superintendent or the

Person in charge of such prison, hospital or any other institution to

ensure that the required facilities are arranged, confidentiality is

maintained, and deficiencies therein are rectified;

Provided further, that where the Participant is in a foreign country, and

the Remote Point is the Indian Embassy or Consulate or High

Commission, the Indian Embassy or Consulate, or High Commission

shall provide necessary assistance, and make arrangements required to

maintain confidentiality at the expense of the parties hereinabove

mentioned.

( 11) All expenses incurred for providing or supplementing such

facilities, or for taking any steps required under these Rules for the

conduct of proceedings, shall be borne by the persons specified above,

and may be included as part of the costs of the suit or proceedings,

subject to the orders of the High Court, Court or Forum.

4 Facilities Recommended:

(1) As far as practicable, the following functionally equivalent facilities

may be provided for conducting the proceedings at the Court Point and

the Remote Point:

(a) A well-lit, sound-controlled area suitable for confidential proceedings;

(b) A computing device with high-resolution video display, audio and

document viewing capability;

time transmission;

( d) Facility to take high-quality printouts and scan documents at high

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resolution;

( e) Uninterrupted power supply with backup power source;

(f) Video and audio input/output devices supporting clear transmission

and reception; and

(g) Access control mechanisms and session-based credential verification.

(2) All software and platforms used shall, as far as practicable, support

end-to-end encryption, user authentication, and session-based access.

(3) The infrastructure shall comply with data security standards and

policies issued by the High Court from time to time.

( 4) All recordings shall be preserved in accordance with the protocols

notified by the High Court from time to time.

(5) The High Court may, from time to time, issue directions regarding

m1n1mum

hardware

specifications,

software

platforms,

security

protocols, data retention periods, or integration with case management

systems.

5. Nomination, Duties and Responsibilities of Co-ordinators

(1) Unless otherwise directed by the High Court, Court or Forum, there

shall be a Co-ordinator at the Court Point and Remote Point.

(2) Subject to sub-rule (1 ), a Co-ordinator shall be required at the Remote

Point only when a witness or accused person is to be examined from

such Remote Point.

(3) In all the Courts 1n the District Judiciary, one or more persons

nominated by the High Court or the District Judge concerned, within

whose jurisdiction the respective Court is situated, shall perform the

functions of the Co-ordinator at the Court Point as well as the Remote

Point.

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( 4) In the High Court, the Director (IT) or any other person authorised by

the Chief Justice shall be the Co-ordinator at the Court Point.

(5) Subject to sub-rules (6) and (7), where any Participant 1n a

proceeding under these Rules is located at any of the following

institutions or facilities, the Co-ordinator at the Remote Point may be the

person indicated against each:

Location

( i) Overseas

(ii) Court of another State/

Union Territory

(iii) Kerala State Legal Services

Authority or High Court Legal

Services Committee or office of

the

District

Legal

Services

Authority, Taluk Legal Services

Committee

Alternative

Disputes

Resolution

Centre,

High Court or High Court

Mediation Centre or District

Mediation Centre,

Mediation

sub-centre

High

Court

Arbitration Centre.

(iv) Jail or Prison

( v) Hospitals

(vi) Observation Home, Special

Home, Children's Home, Shelter

Home or any institution referred

to as a child facility ( collectively

referred to as child facilities) and

where the Required Person is a

juvenile or a child or a person

Co-ordinator at the Remote Point

Any official of the Government of India in

such a country or a person nominated by

such a person, including an official of an

Indian Consulate/Indian Embassy/ High

Commission of India.

Any authorised person nominated according

to the Rules prevailing in such Court.

Any person nominated by the Member

Secretary, Kerala State Legal Services

Authority or Secretary, High Court Legal

Services Committee or Secretary, District

Legal Services Authority or Chairman,

Taluk Legal Services Committee; Director,

Alternative Disputes Resolution Centre,

High Court or Centre Co-ordinator, High

Court Mediation Centre, or Mediation Co

ordinator, District Mediation Centre or

Mediation sub-centre Co-ordinator,

Director, High Court Arbitration Centre.

The Superintendent of the Jail or Prison, or

Officer in charge of the Jail or Prison or an

Officer authorised by such officer.

Medical Superintendent or an Officer

authorised by the Medical Superintendent,

or the person in charge of the said hospital.

The Superintendent or Officer-in-Charge of

that child facility centre, or an officer

authorised by such Superintendent or

Officer-in-Charge.

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who is an inmate of such child

facility.

(vii)

Women Rescue Homes,

Protection

Homes,

Shelter

Homes,

any

institution

referred to as a women's facility

( collectively

referred

women's facilities)

(viii)

custody,

care

employment

any

other

government office, organisation

institution

( collectively

referred

institutional

facilities)

(ix) Forensic Science Lab

(xi) Any other Government

department

(x) In case of any other location

The Superintendent or Officer-in-Charge of

the women's facility centre or an officer

authorised by such Superintendent or

Officer-in-Charge.

The Superintendent or Officer-in-Charge of

the institutional facility centre, or an officer

authorised by such Superintendent or

Officer-in-Charge.

The Administrative Officer in charge or an

officer authorised by such Administrative

Officer.

Head of the Department or an Officer

authorised by the Head of the Department.

The

High

Court,

Court

Forum

concerned, may appoint any person deemed

fit and proper who is ready and willing to

render services as a Co- ordinator to ensure

that the proceedings are conducted in a fair,

impartial and independent manner and

according to the directions issued under

these Rules.

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( 6) Where a Co-ordinator is to be appointed under sub-rule(l) or sub-rule

(2) and no specific arrangement is otherwise made, the following shall

apply-

(a) Unless otherwise directed by the District Judge, the District System

Administrator or the Senior System Officer shall act as the Co-ordinator

for both the Court Point and the Remote Point.

(b) Where the District System Administrator or the Senior System

Officer is not stationed at the Court Point and no Co-ordinator is

appointed by the Court, the Bench Clerk of the trial court shall act as the

Co-ordinator at the Court Point.

( c) Where the Court directs that a Remote Point Co-ordinator is required

under sub-rule (2) but the District System Administrator or the Senior

System Officer is stationed at a different centre, and the Remote Point is

not one of those specified in sub-rule ( 5), a staff member may be deputed

by the District Judge or the Chief Judicial Magistrate concerned to act as

the Co-ordinator at the Remote Point; and

(d) In a case not falling under (a) to (c), the Court shall nominate the

Chief Ministerial Officer or any other staff member of the Court to act as

the Co-ordinator at the Court Point or Remote Point.

(7) In the following cases, the Remote Point shall be as mentioned

herein below:

( a) Where the witness to be examined is a Judicial Officer, the chambers,

office or residence of such officer;

(b) Where

(i) the High Court, Court or Forum so directs or,

(ii) if the case is proceeding without contest, or;

(iii) if the contesting parties give consent in writing, the chambers, office

or residence of the witness; unless the court otherwise directs.

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(8) Where arguments are addressed by the Participant from the Remote

Point and if the assistance of a Co-ordinator is required, the Participant

at the Remote Point shall apply in advance for the same to the High

Court, Court or Forum, which shall then nominate a person to be the

Co- ordinator at the Remote Point.

(9) The Co-ordinators at both the Court Point and Remote Point shall

ensure that the facilities recommended in Rule 4 are available. They

shall also conduct a test between the points well in advance to resolve

any technical problem, so that the proceedings are conducted without

interruption.

(10) The Co-ordinator at the Remote Point shall ensure that:

(i) all Participants required to appear or be heard are available and ready

at the Remote Point at least 30 minutes before the scheduled time;

(ii)

no other audio or video recording device, including a mobile phone,

is used inside the Remote Point;

(iii) no unauthorised person enters the Remote Point when the

proceedings are in progress;

(iv) that person being examined or heard is not prompted, tutored,

coaxed, induced or coerced in any manner by any person; and

(v) that the person being examined does not refer to any document, script

or device without the permission of the High Court, Court or Forum

concerned, during the proceedings.

(I !)Where the witness to be examined through electronic audio-video

linkage requires or if it is otherwise expedient to do so, the Court shall

give sufficient notice in advance, setting out the schedule of the

proceedings and in appropriate cases may transmit non- editable digital

scanned copies of all or any part of the record of the proceedings to the

official electronic mail account of the Co-ordinator of the Remote Point

concerned or in the absence of a Co-ordinator, in the electronic mail

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account of the witness.

(12) Before the scheduled date of the proceedings, the High Court, Court

or Forum may require that the Co-ordinator at the Remote Point receives

in his official electronic mail account either a view of the electronic or

digital records, or duly authenticated non-editable scanned soft copies in

electronic form or certified copies of all or any part of the record of the

proceedings which may be required for recording statements or evidence

or necessary for reference by the Required Person.

Provided that such records shall be used by the Required Person only

with the prior permission of the High Court, Court or Forum, and under

the supervision of the Co-ordinator, if any, and no copy or extract shall

be taken or retained without such permission.

( 13) The High Court, Court or Forum shall, whenever required, direct the

Co-ordinator at the Remote Point or at the Court Point to provide-

(i) a translator in case the person to be examined is not conversant with

the official language of the Court;

(ii) an expert in sign language in case the person to be examined is

impaired in speech and/or hearing;

(iii) an interpreter or special educator, as the case may be, in case the

person to be examined is either permanently or temporarily differently

abled.

CHAPTER III

GENERAL PROCEDURES

6. Application for Appearance, Evidence and Submission through

Electronic Audio-Video Linkage:-

( 1) Any party to the proceedings or the Advocate of the party or

Required Person or the Advocate of the Required Person, save and

except where the proceedings through electronic audio video linkage are

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initiated at the instance of the Court, may move an application in the

form prescribed in Schedule II of these Rules.

(2) In proceedings before the Family Court, electronic audio-video

linkage shall be allowed only after completing the counselling. When

either of the parties is not able to attend the counselling in person, the

Family Court may, for reasons to be recorded in writing, allow the

counselling to be done through electronic audio-video linkage.

(3) The form for the request shall be served on the opposite party or

parties to the proceedings, except where it is not possible for valid

reasons.

( 4) On receipt of the application and upon hearing all parties concerned,

the High Court, Court or Forum, shall pass an order after ascertaining

that the application is not filed with an intention to impede a fair trial or

to delay the proceedings.

(5) The High Court, Court or Forum, while allowing the application for

electronic audio-video linkage, shall also fix the schedule for the

proceedings.

( 6) If the proceedings through electronic audio-video linkage are

scheduled for making oral submissions, the High Court, Court, or Forum

may require the Advocate or Required Person to submit written

arguments and citation of judgments, if any, in advance to the Court

concerned through the official electronic mail of that Court.

(7) In case the Required Person is in a country outside India, the

Presiding Officer of the Court or Forum shall route the details for

electronic audio-video linkage through the High Court.

(8) The High Court, Court or Forum may order examination through

electronic audio-video linkage of a witness situated in any district in the

State and the space so identified shall be deemed to be a Remote Point

unless the court otherwise directs in the order.

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(9) If any Court in the District Judiciary in Kerala wants to examine a

Required Person who is outside the State through electronic audio-video

linkage in a Court premises, then the details thereof with a formal request

shall be forwarded by or through the District Judge concerned to the

District Judge in whose jurisdiction the Required Person is present for

facilitating the electronic audio-video linkage facility.

(10) If any Court in the District Judiciary in Kerala receives a request

directly from a Court outside the State for facilitating the examination of

a Required Person within its jurisdiction through electronic audio-video

linkage, such Court shall intimate the District Judge concerned, who

shall make necessary arrangements for the electronic audio-video linkage

facility.

7. Service of Summons:-

( 1) When a summons is issued to a witness, proposed to be examined or

heard as provided under these Rules, the summons shall specifically

mention the date, time and venue of the Remote Point and shall also

direct the witness to attend in person along with proof of identity or an

affidavit to that effect as mentioned in sub-rule (5) of Rule 8.

(2) When such a witness is also required to produce a document, it shall

be sufficient compliance of the direction if the witness produces it in the

Remote Point at the time fixed for examination, along with an

authenticated copy. The document so produced shall be scanned and sent

to the Court Point before the commencement of the examination, to

enable the Court and the parties to verify it. The Co-ordinator at the

Remote Point shall, along with the other documents, transmit the original

of the document and the authenticated copy so produced to the Court

Point within three days of its production by authorised courier service, or

speed post or by other means as directed by the High Court, Court or

Forum, as the case may be.

8. Examination of Persons:-

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(1) In civil cases, the party requesting the examination of any person

through electronic audio-video linkage or live link shall inform the Court

of -

(a) the location of the person to be examined;

(b) the date and time proposed for such examination; and

( c) the availability and adequacy of technical facilities and the

willingness of the party to be examined through electronic audio-video

linkage at the proposed Remote Point;

(2) In criminal cases, where the person to be examined is a prosecution

witness or Court witness, the prosecution, and where the person to be

examined is a defence witness, the defence counsel, will inform the

Court, the location of the person, the time, the place and the availability

of the technical facilities.

(3) Where the person to be examined is an accused, the prosecution shall

confirm the location of the accused at the Remote Point.

( 4) When the accused person is in custody and not present at the Court

Point, the Court shall order a multi-point electronic audio-video linkage

between the Court, the witness and the accused person in order to

facilitate the recording of the statement of the witness. The Court shall

also ensure an adequate opportunity to the accused person to

communicate in privacy with his Advocate before, during and after the

recording of evidence.

( 5) A Required Person shall, before being examined, produce and file

proof of identity by submitting an identity document issued or duly

recognised by the Government of India/State Government/Union

Territory, as the case may be. In the absence of such a document, an

affidavit attested by any of the authorities referred to in Section 13 9 of

the Code of Civil Procedure, 1908 (Act 5 of 1908) or Section 333 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) shall be

produced. The affidavit shall contain the photograph and particulars of

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the deponent and shall affirm that the person shown therein is the same

individual who is to depose through electronic audio-video linkage. The

copy of the identity document or affidavit filed, as the case may be, shall

be made available to the opposite party.

( 6) If the proof of identity or affidavit is produced at the Remote Point,

the same shall be scanned and sent to the Court Point before the

commencement of the proceedings, to enable the High Court, Court or

Forum, and the opposite parties to verify it. The identity of the Required

Person shall be confirmed by the High Court, Court or Forum with the

assistance of the Co-ordinator at the Remote Point before commencement

of proceedings under these Rules. The same shall be mentioned in the

order sheet of the High Court, Court or Forum. The Co-ordinator at the

Remote Point shall, along with the other documents, transmit the hard

copy of the proof of identity or affidavit to the Court Point by authorised

courier service, or speed post or by other means as directed by the High

Court, Court or Forum, as the case may be.

(7) All proceedings under these Rules shall ordinarily be conducted

during the working hours or at such time as the High Court, Court, or

Forum may deem fit. Before the commencement of the examination, an

oath shall be administered from the Court Point to the person deposing.

(8) Where the Required Person being examined or the accused to be tried

is in custody, the statement or the testimony, as the case may be, may be

recorded through electronic audio-video linkage. The High Court, Court

or Commissioner shall provide adequate opportunity to the under-trial

prisoner to communicate in privacy with the Advocate engaged by such

person, before, during and after the recording of evidence or statement.

(9) Where a party or an Advocate for such party requests in the course of

the proceedings that some privileged communication may have to take

place, the High Court, Court or Forum shall pass appropriate orders

having due regard to the nature of the communication.

(10) Subject to the provisions regarding examination of witness in the

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Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) and sub-rules (10)

to (12) of Rule 5 of these Rules, before the examination of the witnesses,

the High Court, Court or Forum may direct that the documents, if any,

sought to be relied upon shall be transmitted to the Co-ordinator at the

Remote Point, so that the witness acquires familiarity with the said

documents.

(11) If a person is required to be examined with reference to a particular

document, the High Court, Court or Forum may direct that the summons

to that person shall be accompanied by a duly certified copy of the said

document.

(12) Where the examination mentioned in sub-rule (11) involves

reference to any original electronic or digital record, such record shall,

unless otherwise directed by the High Court, Court or Forum, be

produced and displayed simultaneously at both the Court Point and the

Remote Point, in a manner that ensures its integrity, accuracy, and

completeness. Where simultaneous access to the original is not feasible,

a mirror image or a duly certified copy shall be used at the Remote Point,

subject to the directions of the High Court, Court or Forum.

(13) When the person being examined finds it difficult to identify any

person through the ordinary mode of electronic audio-video linkage

imaging or live link imaging, the image of the person may be shown to

the witness more closely by zooming the camera to remove the difficulty

in identification. Such a fact shall be recorded in the proceedings.

(14) The High Court, Court or Forum, shall obtain the signature or

equivalent authentication of such person on the transcript on the

conclusion of each session of examination. Such an authenticated

transcript shall form part of the record of the judicial proceedings. The

signature or authentication shall be obtained in either of the following

ways:

(i) If electronic signature, digital signature or any other electronic mode

of authentication as prescribed by the High Court for authentication of

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deposition is available at both the Court Point and the Remote Point, a

non-editable electronic transcript or its non-editable electronic copy

authenticated at the Court Point by the High Court, Court or Forum, shall

be transmitted through the official electronic mail or secure electronic

communication channel to the Remote Point where it shall be

authenticated by the person examined using any of the aforesaid modes,

which shall thereafter be retransmitted to the Court Point by official

electronic mail or secure electronic communication channel.

(ii) If either the High Court, Court or Forum, or the Required Person

being examined is unable to authenticate the transcript as mentioned in

clause (i) above, a printout of the transcript signed or otherwise

authenticated by the Judge of the High Court, or the Presiding Officer of

the Court or Forum, shall be scanned in a non-editable format at the

Court Point, and it shall be transmitted to the Remote Point through the

official electronic mail or secure electronic communication channel,

where a print out of the same shall be taken and signed by the person

examined and countersigned by the Co-ordinator at the Remote Point, if

any. A non-editable scanned format of the transcript, so signed, shall be

retransmitted by

official

electronic

mail or secure

electronic

communication channel to the Court Point by the Co-ordinator of the

Remote Point; or by the person examined if there is no Co-ordinator at

the Remote Point, by electronic mail. The hard copy of the signed

transcript shall also be dispatched within three days of recording, along

with other documents, if any, by the Co-ordinator at the Remote Point or

by the person examined, as the case may be, to the Court Point by

authorised courier service or by speed post or such other means as

directed by the High Court, Court or Forum as the case may be.

(iii) Where the person examined is an accused in custody and the

examination was conducted through electronic audio-video linkage under

Section 316 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of

2023), the procedure under clause (ii) above shall be followed by

forwarding the copy authenticated at the Court Point as mentioned in

clause (ii) above to the Prison or Jail. The Co-ordinator at the Remote

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Point shall forthwith, and not later than seventy-two hours of such

examination, obtain the signature of such accused person on all pages of

the print out of the transcript or authenticate the same in the manner

provided in clause (i) above, if the facility is available and after counter

signing the same, it shall be retransmitted to the Court Point in the

manner provided in clause (i) above. The hard copy of the signed

transcript shall also be dispatched within three days of recording, along

with other documents, if any, by the Co-ordinator at the Remote Point to

the Court Point by authorised courier service or by speed post or by such

other means as directed by the High Court, Court or Forum, as the case

may be.

(15) As far as practicable, the audio-video recording of the persons

examined shall be preserved, and the encrypted master copy with hash

value shall be retained by the High Court, Court or Forum, as part of the

records. However, no proceedings conducted under these Rules shall be

considered invalid on the ground that the proceedings were not so

recorded or such a copy was not retained.

(16) Where a facility to record such data has been provided, such

recorded data may be secured by an administrative password and be

retrieved only when its retrieval is ordered. The administrative password

shall remain with the Director (IT) or any other person authorised by the

Chief Justice in the case of the High Court, and with the Presiding

Officer of the Court or Forum.

( 1 7) The Court may, at the request of the person to be examined, or on its

own motion, taking into account the best interests, direct appropriate

measures to protect the privacy of such person, bearing in mind aspects

such as age, gender, physical condition and recognised customs and

practices.

(18) The Co-ordinator at the Remote Point shall ensure that, except for

the witness, only persons permitted by the High Court, Court or Forum

are present at the time of examination of the witness.

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(19) The Court shall, to ensure compliance with clause (iv) of sub-rule

(10) of Rule 5 of these Rules, impose such other conditions as may be

necessary for the effective recording of the examination.

(20) The proceedings under these Rules shall, as far as practicable,

proceed on a day-to-day basis. The High Court, Court or Forum shall not

grant unnecessary adjournments.

(21) When a Participant is unable to reach the Court Point or the Remote

Point due to sickness or physical infirmity or due to any genuine reason

which the High Court, Court or Forum, may decide, or when the

presence of the Participant cannot be secured without undue delay or

expenses, the High Court, Court or Forum may authorise the conduct of

the proceedings through electronic audio-video linkage from the place

where the Participant is present. In such circumstances, the High Court,

Court, or Forum may direct the use of a portable electronic audio-video

linkage system. The authority for the same shall be given to the Co

ordinator concerned or to any other person deemed fit.

(22) Subject to the orders of the High Court, Court or Forum, where any

party to the proceedings or the Advocate for such party desires to be

physically present at the Remote Point at the time of recording of the

evidence, such party shall make arrangements for being present at their

own cost.

(23) The appearance of a Participant in compliance with these Rules

shall be treated as substantive compliance with any law that requires the

personal appearance of Participants.

Exhibiting or Showing Documents or Objects to the Required

Person or the Accused at Remote Point:-

(1) If in the course of examination, it becomes necessary to show a

document or object to a Participant at the Remote Point through

electronic audio video linkage, the High Court, Court or Forum may

permit such document or object to be shown by -

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(a)

zooming the camera to display the document or object clearly; or

(b)

electronically transmitting a scanned copy, or the relevant electronic

or digital record in a non-editable format, including by using a document

visualiser.

(2) If the document or object is at the Remote Point, the High Court,

Court, or Forum may permit such document or object to be shown to the

person being examined by transmitting the image of the document or the

object to the Court Point electronically, including through a document

visualizer. The document or the object itself, as the case may be, shall be

sent by the Co-ordinator at the Remote Point to the Court Point, along

with any other relevant documents, preferably within three days by an

authorised courier service, speed post or by such other means as directed

by the High Court, Court or Forum, as the case may be.

10. Ensuring Seamless Electronic Audio-Video Linkage:-

(!) A Participant may address the High Court, Court or Forum, from the

specified Remote Point on the date and time specified by the High Court,

Court or Forum. The presence of a Co-ordinator shall not be necessary at

the Remote Point where arguments are addressed by the Participant

Advocate or Required Person unless specifically requested.

(2) The Co-ordinator at the Court Point shall also

(a) guide the Participant regarding the technical requirements for

participation in the proceedings;

(b) resolve technical issues faced by the Remote Users;

( c) ensure that all the required systems, including power backup and

communication channels, are functional at both the Court Point and the

Remote Point;

( d) establish the audio-video connection at the scheduled time and ensure

seamless linkage throughout the proceedings; and

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( e) ensure that any document or audio-visual file transmitted from the

Remote Point is duly received at the Court Point.

(3) The Co-ordinator at the Court Point shall ensure that the proceedings

under these Rules are conducted using the designated electronic audio

video communication platform as prescribed by the High Court. In the

absence of such designation, or where technical reasons so warrant, the

High Court, Court, or Forum may, for reasons to be recorded in writing,

permit the use of another secure audio-video communication platform for

electronic audio-video linkage in those proceedings.

(4) The High Court, Court, or Forum shall mention in the order sheet:

(a)the time and duration of the proceedings;

(b) the software used, where it is not the designated electronic audio

video communication platform;

( c) the issue( s) addressed; and

(d)

the documents, if any, that were produced, transmitted, and

marked electronically.

( 5) Any technical disruptions or deficiencies in audio or video quality

experienced during the proceedings shall be recorded in the order sheet,

along with a note on whether the communication was sufficiently clear to

enable effective participation by all parties.

(6) Where any Participant believes that prejudice has been caused due to

poor audio or video quality, the same shall be brought to the notice of the

Co-ordinator at the Court Point forthwith through the Co-ordinator at the

Remote Point, if any or otherwise, who shall immediately communicate

it to the High Court, Court or Forum. The High Court, Court, or Forum,

shall then consider the information and if it is of the opinion that the

Participant was prejudiced by the proceedings, pass appropriate orders

either:

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(i)

declaring the proceedings to be incomplete and ordering the

resumption of the proceedings or

(ii)

dispensing the electronic audio-video linkage proceedings and

directing the Participant to appear in person before the High Court, Court

or Forum, on a date to be fixed.

(7) When it comes to the notice of the Superintendent of Prisons, the

Medical Superintendent of a Hospital, the Head of any other Department

or Institution, or any person under their control or care that-

(a)

person is required to appear simultaneously before two or more

High Courts, Courts, or Forums; or

(b)

the number of proceedings scheduled exceeds the manageable

capacity of the Remote Point;

such officer shall forthwith inform the High Court, Court or Forum,

which issued the direction last.

11.

Costs:-

(1) The expenses of the electronic audio-video linkage facility shall

include the expenses of preparing soft copies or certified copies of the

Court record for sending to the Co-ordinator at the Remote Point and the

fee payable to the translator, interpreter or special educator, as the case

may be.

(2) Unless the Co-ordinator at the Remote Point is a Government servant,

drawing a remuneration from the Government or an institutional

representative, the Co-ordinator at the Remote Point shall be paid such

amount as honorarium as may be fixed by the High Court, Court, or

Forum in consultation with the parties to the case.

(3) In criminal cases, the expenses for conducting the proceedings under

these Rules shall be borne by the prosecution where the prosecution or

Court witness is to be examined; andby the accused when the defence

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witness is to be examined, unless such costs are otherwise ordered by the

Court, taking into account the provisions of the Criminal Rules of

Practice, Kerala.

( 4) In civil cases, the expenses for recording evidence through electronic

audio-video linkage shall be borne by the party making the request,

unless such costs are otherwise ordered by the Court.

(5) In other cases, the High Court, Court, or Forum may make an order as

to the expenses as it considers appropriate, taking into account the rules

or instructions regarding payment of expenses to the parties and

witnesses, as may be prevalent from time to time.

( 6) The High Court, Court, or Forum may, for reasons to be recorded in

writing, exempt a party from the payment of costs or direct both the

parties to share the expenses in the proportion as fixed by the High Court,

Court or Forum.

(7) The costs, if directed to be paid, shall be deposited within the time

fixed by the High Court, Court, or Forum. If the costs as directed are not

paid, then the High Court, Court, or Forum shall pass appropriate orders,

depending upon the facts and circumstances of each case.

12. Conduct of Proceedings. -

(1) All Participants shall strictly follow the mandates contained in

Schedule I of the Rules. The High Court, Court or Forum, on an

application filed before the commencement of the proceedings and

having regard to the facts and circumstances of the case, may permit any

Participant to mask the face or name for privacy.

(2) The Co-ordinator at the Court Point shall send the link/meeting ID/the

details of the Remote Point to the electronic mail or the mobile number

furnished by the Participants. Once the proceedings have commenced, no

other person will be permitted to participate except on the orders of the

High Court, Court or Forum.

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(3) The Participants, after joining the proceedings at the Remote Point,

shall remain in the virtual lobby, if available, until they are admitted to

the electronic audio-video linkage proceedings by the Co-ordinator at the

Court Point.

(4)

Once the Participants participate in the proceedings, their

participation shall constitute consent on their part to the proceedings

being conducted and recorded by electronic audio-video linkage.

(5) The High Court, Court or Forum, shall have the power to control

audio-video links between the Court Point and the Remote Point.

(6) The High Court, Court or Forum, shall ascertain from the Participant

that every participant whom the High Court, Court or Forum considers

necessary at the Remote Point or the Court Point is clearly visible and

audible at all ends of the electronic audio-video linkage.

13.

Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats:-

(1) In conformity with the provisions of the Legal Services Authorities

Act, 1987 (Act 39 of 1987) along with the Rules and Regulations in

force, in proceedings related to Legal Aid Clinics, Camps, Lok Adalats

or Jail Adalats, any person who at the Remote Point is in Jail or Prison

shall be examined through electronic audio-video linkage by the

Member-Secretary, Kerala State Legal Services Authority; Secretary,

High Court Legal Services Committee; Secretary, District Legal Services

Authority or Chairman, Taluk Legal Service Committee or Members of

Lok Adalats, before any award or order is passed.

(2) The award or order so passed shall have the same force as if it were

passed by the regular Lok Adalat or Jail Adalat.

(3) The copy of the award or order and the record of the proceedings

shall be sent to the Remote Point.

14.

Permission to view the Electronic Audio Video Linkage

proceedings by persons who are not parties:-

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( 1) The High Court, Court or Forum shall, depending on the availability

of links with consistent bandwidth, allow persons who are not parties to

the proceedings to view the proceedings through electronic audio-video

linkage or live link.

(2) The High Court, Court or Forum shall not permit persons to view the

proceedings if such proceedings are conducted in camera.

(3) If persons who are not permitted by the High Court, Court or Forum

are present in the Remote Point at the time of examination of the witness,

the Co-ordinator at the Remote Point shall inform the High Court, Court

or Forum before the proceedings start, the identity of the person and the

reason for being present at the Remote Point. The said person shall only,

on being permitted by the High Court, Court, or Forum, remain present

at the Remote Point.

CHAPTER IV

MISCELLANEOUS

15. Power of High Court.-

( I) When the High Court is satisfied that the operation of any Rule

causes undue hardship, it may order to dispense with or relax the

requirements of that Rule to such extent and subject to such conditions,

if any, as are necessary to deal with the case in a just and equitable

manner.

(2) The High Court may also, from time to time, issue practice directions

under these Rules, and the said directions shall be effective from the

dates as may be notified.

16. Residuarv Provision:-

(1) Matters with respect to which no express provision has been made in

these Rules shall be decided by the High Court, Court or Forum,

consistent with the principle of furthering the interest of justice.

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17. Repeal and Savings:-

(1) The Electronic Video Linkage Rules for Courts (Kerala) 2021 1s

hereby repealed.

(2) Notwithstanding such repeal, anything done, any action taken, any

proceeding commenced, and any nomination, authorisation, or order

made or issued under the repealed Rules, shall, insofar as it is not

inconsistent with these Rules, be deemed to have been done, taken,

commenced, made or issued under the corresponding provisions of these

Rules.

SCHEDULE-I

1. Advocates participating in the proceedings shall wear attire as

prescribed by the Bar Council of India under the Advocates' Act 1961

(Act 25 of 1961). Police officers and other uniformed officers shall

appear in the uniform as prescribed for them under the relevant statutes

or orders. The attire of the Presiding Officers and the Court Staff shall be

as prescribed by the High Court under the relevant Act, Rules and

Orders. All other persons shall wear sober attire consistent with the

dignity of the proceedings.

2. Proceedings shall be conducted as far as possible at the scheduled time

by the courts concerned.

3. As directed by the court concerned, the cases shall be called out and

the appearance of persons recorded.

4. Every participant shall adhere to the courtesies and protocols as are

followed in the physical courts.

5. The participants in the proceedings shall keep their microphones

muted till such time as they are called upon to make their submissions.

6. Remote Users shall ensure that their devices are free from any

malware.

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7. The Co-ordinator at the Remote Point and the Remote Users shall

ensure that the Remote Point is situated in a quiet location and has

sufficient internet connectivity. The Court may, if the situation so

warrants, direct any proceedings to be non-est, if any uninterrupted

disturbance is caused during the proceedings.

8. The mobile phones of all participants shall be in silent mode during

the proceedings.

9. All Participants shall remain attentive during the proceedings and shall

not engage in any unrelated activity. The visual transmission device at

each location shall be positioned to continuously capture the full face up

to the shoulders of the Participant clearly, and shall remain active and

fixed throughout the proceedings. Participants shall ensure that their

focus remains on the communication interface and that their faces are

visually available at all times for the effective conduct of the proceedings

as far as practicable.

10. The use of offensive language, disrespectful behaviour, or non

compliance with judicial instructions may lead to immediate removal

from the session and other legal consequences.

11. Participants shall not join from any inappropriate place or wearing

inappropriate attire.

12. Any place, including moving vehicles, washrooms and restaurants, or

other places which may cause distraction in the conduct of proceedings

or which may not be suitable to the decorum of proceedings, shall be

considered as inappropriate places.

SCHEDULE II

REQUEST FORM FOR ELECTRONIC AUDIO-VIDEO

LINKAGE

Number of the Case with Year:

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Name of the Court:

3. Cause title/Name of parties to the proceedings;

Proposed Date of Video Conference [DD/MM/YYYY]:

5. Location of the Court Point(s):

6. Location of the Remote Point(s):

7. Name, Designation, Address of the Participants

at the Remote Point:

8. Stage of the Case:

9. Reasons for the Electronic Audio-Video Linkage:

10. Any other matter to be stated:

I have read and understood the provisions of the Electronic Audio-Video

Linkage Rules (Kerala), 2025. I undertake to remain bound by the same

to the extent applicable to me. I agree to pay the costs as mentioned in

Rule 11 of the Rules or as directed by the Court.

Date:

Name and Signature of the Applicant

For the use of the Registry/Court Point Co-ordinator

a )Bench assigned:

b)Hearing:

Held on [DD/MM/YYYY]

Commencement Time:

End Time:

Number of Hours:

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Costs:

Overseas transmission charge, if any:

To be incurred by the Applicant/Respondent:

To be shared equally:

Waived, as ordered by the Court.

Date:

Explanatory Note

(This is not part of the notification, but is intended to indicate its general

purport)

With the enforcement of the (i) Bharatiya Nyaya Sanhita, 2023, (ii)

Bharatiya Nagarik Suraksha Sanhita, 2023, and (iii) the Bharatiya Sakshya

Ahiniyam, 2023, it has become essential to update and modernise the

framework governing criminal judicial proceedings through audio-video

proceedings. The object is to facilitate the use of technology in the

administration of justice, ensuring accessibility, efficiency, transparency and

procedural fairness. The new Rules consolidate and update the existing

provisions governing video conferencing before Courts, Tribunals, and other

judicial or quasijudicial forums in the State.

The Rules prescribe the manner in which appearances, examination of

witnesses, recording of evidence, production of documents, and other

proceedings may be conducted through audio-video means. The new set of

Rules provides a comprehensive and robust framework for the conduct of

civil and criminal proceedings, as well as such other proceedings as are

specified under these Rules or any other applicable statutes, through audio-

video electronic means. The Rules are designed to make the conduct of

proceedings through electronic mode consistent with the procedural laws in

force. They ensure the security of identity, data and records; continuity and

reliability of audio-video transmission; confidentiality and protection of

privileged communication and safeguards to protect the rights of parties

involved.

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KERALA GAZETTE

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This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

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PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES

AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2025