REGISTERED NO. PT.-40

The Bihar Gazette

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

26 AGRAHAYANA 1942(S)

(NO.PATNA 947) PATNA, WEDNESDAY, 16TH DECEMBER 2020

Law Department

———

Notification

16th December 2020

No.-A/Act-15/2020/6823/J—Whereas it is expedient to consolidate, unify and

streamline the procedure relating to use of video conferencing for Courts; and

In exercise of the powers conferred by Articles 225 and 227 of the Constitution of

India, the following rules made by the High Court, Patna and approved by the State

Government is hereby published namely :- "Rules for Video Conferencing for Courts, 2020"

Chapter I – Preliminary

1. These Rules shall be called the "Rules for Video Conferencing for Courts,

2020".

(i)

These Rules shall come into force from the date of its publication in the

Official Gazette.

2. Definitions.—In these Rules, unless the context otherwise requires:

(i)

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

maintained under the provisions of the Advocates Act, 1961 and shall also

include government pleaders/advocates and officers of the department of

prosecution.

(ii)

"Commissioner" means a person appointed as commissioner under the

provisions of Code of Civil Procedure, 1908¹, or the Code of Criminal

Procedure, 1973², or any other law in force.

1 “CPC”

2 “CrPC”

BIHAR GAZETTE (EXTRA) 16TH DECEMBER 2020

(iii) "Coordinator" means a person nominated as coordinator under Rule-5.

(iv) "Court" includes a physical Court and a virtual Court or tribunal.

(v)

"Court Point" means the Courtroom or one or more places where the

Court is physically convened, or the place where a Commissioner or an

inquiring officer holds proceedings pursuant to the directions of the Court.

(vi) "Court User" means a user participating in Court proceedings through

video conferencing at a Court Point.

(vii) "Designated Video Conferencing Software" means software provided by

the High Court from time to time to conduct video conferencing.

(viii) “Exceptional circumstances” include illustratively pandemic, natural

calamities, circumstances implicating law and order and matters relating to

the safety of the accused and witnesses.

(ix) "Live Link" means and includes a live television link, audio-video

electronic means or other arrangements whereby a witness, a required

person or any other person permitted to remain present, while physically

absent from the Courtroom is nevertheless virtually present in the

Courtroom by remote communication using technology to give evidence

and be cross-examined.

(x)

"Remote Point" is a place where any person or persons are required to be

present or appear through a video link.

(xi) "Remote User" means a user participating in Court proceedings through

video conferencing at a Remote Point.

(xii) "Required Person" includes:

a. the person who is to be examined; or

b. the person in whose presence certain proceedings are to be recorded or

conducted; or

c. an Advocate or a party in person who intends to examine a witness; or

d. any person who is required to make submissions before the Court; or

e. any other person who is permitted by the Court to appear through

video conferencing.

(xiii) “Rules” shall mean these Rules for Video Conferencing for Courts and

any reference to a Rule, Sub-Rule or Schedule shall be a reference to a

Rule, Sub-Rule or Schedule of these Rules.

Chapter II - General Principles

3. General Principles Governing Video Conferencing.—

(i)

Video conferencing facilities maybe used at all stages of judicial

proceedings and proceedings conducted by the Court.

(ii) All proceedings conducted by a Court by way of video conferencing shall

be judicial proceedings and all the courtesies and protocols applicable to a

physical Court shall apply to these virtual proceedings. The protocol

provided in Schedule-I shall be adhered to for proceedings conducted by

way of video conferencing.

(iii) All relevant statutory provisions applicable to judicial proceedings

including provisions of the CPC, CrPC, Contempt of Courts Act, 1971,

BIHAR GAZETTE (EXTRA) 16TH DECEMBER 2020

Indian Evidence Act, 1872 (abbreviated hereafter as the Evidence Act),

and Information Technology Act, 2000 (abbreviated hereafter as the IT

Act), shall apply to proceedings conducted by video conferencing.

(iv) Subject to maintaining independence, impartiality and credibility of

judicial proceedings, and subject to such directions as the High Court may

issue, Courts may adopt such technological advances as may become

available from time to time.

(v)

The Rules as applicable to a Court shall mutatis mutandis apply to a

Commissioner appointed by the Court to record evidence and to an inquiry

officer conducting an inquiry.

(vi) There shall be no unauthorised recording of the proceedings by any person

or entity.

(vii) The required person defined in Rule 2(xii) shall provide identity proof as

recognised by the Government of India/State Government/ Union

Territory to the Court point coordinator via personal email. In case

identity proof is not readily available the person concerned shall furnish

the following personal details: name, parentage and permanent address, as

also, temporary address if any.

4. Facilities recommended for Video Conferencing.— The following

equipment is recommended for conducting proceedings by video conferencing at the

Court Point and at the Remote Point:

(i)

Desktop, Laptop, mobile devices with internet connectivity and

printer;

(ii) Device ensuring uninterrupted power supply;

(iii) Camera;

(iv) Microphones and speakers;

(v) Display unit;

(vi) Document visualizer;

(vii) Provision of a firewall;

(viii) Adequate seating arrangements ensuring privacy;

(ix) Adequate lighting; and

(x) Availability of a quiet and secure space

5. Preparatory Arrangements.—

5.1 There shall be a Coordinator both at the Court Point and at the Remote

Point from which any Required Person is to be examined or heard.

However, Coordinator may be required at the Remote Point only when a

witness or a person accused of an offence is to be examined.

5.2 In the civil and criminal Courts falling within the purview of the district

judiciary, persons nominated by the High Court or the concerned District

Judge, shall perform the functions of Coordinators at the Court Point as

well as the Remote Point as provided in Rule 5.3.

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5.3 The Coordinator at the Remote Point may be any of the following:

Sub

Rule

Where the Advocate or Required

Person is at the following Remote

Point:-

The Remote Point Coordinator

shall be:-

5.3.1

Overseas

An official of an Indian Consulate /

the relevant Indian Embassy / the

relevant High Commission of India

5.3.2

Court of another state or union

territory within the territory of India

Any authorized official nominated

by the concerned District Judge.

5.3.3

Mediation Centre or office of

District Legal Services Authority

(including Taluka Legal Services

Committee)

Any authorized person officially

nominated by the Chairperson or

Secretary of the concerned District

Legal Services Authority.

5.3.4

Jail or prison

The concerned Jail Superintendent

or Officer in-charge of the prison.

5.3.5

Hospitals

administered

the

Central Government,

the

State

Government or local bodies

Medical

Superintendent

official authorized by them or the

person in charge of such hospitals.

5.3.6

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 who is an inmate

of such child facility.

The Superintendent or Officer in

charge of such child facilities or an

official authorized by them.

5.3.7

Women’s

Rescue

Homes,

Protection Homes, Shelter Homes,

Nari Niketans or any institution

referred to as a women’s facility

(collectively referred to as women’s

facilities).

The Superintendent or Officers In-

charge of the women’s facility or an

official authorized by them.

5.3.8

In custody, care or employment of

any

other

government

office,

organization

institution

(collectively

referred

institutional facilities).

The Superintendent or Officers in-

charge of the institutional facility or

an official authorized by them.

5.3.9

Forensic Science Lab

The Administrative officer in-charge

or their nominee.

5.3.10

In case of any other location

The concerned Court may appoint

any person deemed fit and proper

who is ready and willing to render

their services as a Coordinator to

ensure that the proceedings are

conducted in a fair, impartial and

independent manner and according

to the directions issued by the Court

in that behalf.

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5.4 When a Required Person is at any of the Remote Points mentioned in Sub

Rules 5.3 and video conferencing facilities are not available at any of these

places the concerned Court will formally request the District Judge, in

whose jurisdiction the Remote Point is situated to appoint a Coordinator for

and to provide a video conferencing facility from proximate and suitable

Court premises.

5.5 The Coordinators at both the Court Point and Remote Point shall ensure

that the recommended requirements set out in Rule 4 are complied with, so

that the proceedings are conducted seamlessly.

5.6 The Coordinator at the Remote Point shall ensure that:

5.6.1 All Advocates and/or Required Persons scheduled to appear in a

particular proceeding are ready at the Remote Point designated for

video conferencing at least 30 minutes before the scheduled time.

5.6.2 No unauthorised recording device is used.

5.6.3 No unauthorised person enters the video conference room when

the video conference is in progress.

5.6.4 The person being examined is not prompted, tutored, coaxed,

induced or coerced in any manner by any person and that the

person being examined does not refer to any document, script or

device without the permission of the concerned Court during the

course of examination.

5.7 Where the witness to be examined through video conferencing requires or

if it is otherwise expedient to do so, the Court shall give sufficient notice in

advance, setting out the schedule of video conferencing 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 email account of the

Coordinator of the concerned Remote Point designated in accordance with

Rule 5.3.

5.8 Before the scheduled video conferencing date, the Coordinator at the Court

Point shall ensure that the Coordinator at the Remote Point receives

certified copies, printouts or a soft copy of the non-editable scanned copies

of all or any part of the record of proceedings which may be required for

recording statements or evidence, or for reference. However, these shall be

permitted to be used by the Required Person only with the permission of

the Court.

5.9 Whenever required the Court shall order the Coordinator at the Remote

Point or at the Court Point to provide –

5.9.1 A translator in case the person to be examined is not conversant

with the official language of the Court.

5.9.2 An expert in sign languages in case the person to be examined is

impaired in speech and/or hearing or an expert for reading

documents, in case the person to be examined is visually

challenged.

5.9.3 An interpreter or a special educator, as the case may be, in case a

person to be examined is differently abled, either temporarily or

permanently.

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Chapter III – Procedure for Video Conferencing

6. Application for Appearance, Evidence and Submission by Video Conferencing:

6.1 Any party to the proceeding or witness, save and except where

proceedings are initiated at the instance of the Court, may move a request

for video conferencing. A party or witness seeking a video conferencing

proceeding shall do so by making a request in the form prescribed in

Schedule II.

6.2 Any proposal to move a request to for video conferencing should first be

discussed with the other party or parties to the proceeding, except where it

is not possible or inappropriate, for example in cases such as urgent

applications.

6.3 On receipt of such a request and upon hearing all concerned persons, the

Court will pass an appropriate order after ascertaining that the application

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

proceedings.

6.4 While allowing a request for video conferencing, the Court may also fix

the schedule for convening the video conferencing.

6.5 In case the video conferencing event is convened for making oral

submissions, the order may require the Advocate or party in person to

submit written arguments and precedents, if any, in advance on the official

email ID of the concerned Court.

6.6 Costs, if directed to be paid, shall be deposited within the prescribed time,

commencing from the date on which the order convening proceedings

through video conferencing is received.

7. Service of Summons.— Summons issued to a witness who is to be examined

through video conferencing, shall mention the date, time and venue of the concerned

Remote Point and shall direct the witness to attend in person along with proof of identity or

an affidavit to that effect. The existing rules regarding service of summons and the

consequences for non-attendance, as provided in the CPC and CrPC shall apply with respect

to service of summons for proceedings conducted by video conferencing.

8. Examination of persons.—

8.1 Any person being examined, including a witness shall, before being

examined through video conferencing, produce and file proof of identity

by submitting an identity document issued or duly recognized by the

Government of India, State Government, Union Territory, or in the

absence of such a document, an affidavit attested by any of the authorities

referred to in Section 139 of the CPC or Section 297 of the CrPC, as the

case maybe. The affidavit will inter alia state that the person, who is

shown to be the party to the proceedings or as a witness, is the same

person, who is to depose at the virtual hearing. A copy of the proof of

identity or affidavit, as the case may be, will be made available to the

opposite party.

8.2 The person being examined will ordinarily be examined during the

working hours of the concerned Court or at such time as the Court may

deem fit. The oath will be administered to the person being examined by

the Coordinator at the Court Point.

8.3 Where the person being examined, or the accused to be tried, is in custody,

the statement or, as the case may be, the testimony may be recorded

through video conferencing. The Court shall provide adequate opportunity

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to the under-trial prisoner to consult in privacy with their counsel before,

during and after the video conferencing.

8.4 Subject to the provisions for examination of witnesses contained in the

Evidence Act, before the examination of the witness, the documents, if

any, sought to be relied upon shall be transmitted by the applicant to the

witness, so that the witness acquires familiarity with the said documents.

The applicant will file an acknowledgment with the Court in this behalf.

8.5 If a person is examined with reference to a particular document then the

summons to witness must be accompanied by a duly certified photocopy

of the document. The original document should be exhibited at the Court

Point in accordance with the deposition of the concerned person being

examined.

8.6

The Court would be at liberty to record the demeanour of the person being

examined.

8.7 The Court will note the objections raised during the deposition of the

person being examined and rule on them.

8.8 The Court shall obtain the signature of the person being examined on the

transcript once the examination is concluded. The signed transcript will

form part of the record of the judicial proceedings. The signature on the

transcript of the person being examined shall be obtained in either of the

following ways:

8.8.1 If digital signatures are available at both the concerned Court

Point and Remote Point, the soft copy of the transcript digitally

signed by the Presiding Judge at the Court Point shall be sent by

the official e-mail to the Remote Point where a print out of the

same will be taken and signed by the person being examined. A

scanned copy of the transcript digitally signed by the Coordinator

at the Remote Point would be transmitted by official email of the

Court Point. The hard copy of the signed transcript will be

dispatched after the testimony is over, preferably within three

days by the Coordinator at the Remote Point to the Court Point by

recognised courier / registered speed post.

8.8.2 If digital signatures are not available, the printout of the transcript

shall be signed by the presiding Judge and the representative of

the parties, if any, at the Court Point and shall be sent in non-

editable scanned format to the official email account of the

Remote Point, where a printout of the same will be taken and

signed by the person examined and countersigned by the

Coordinator at the Remote Point. A non-editable scanned format

of the transcript so signed shall be sent by the Coordinator of the

Remote Point to the official email account of the Court Point,

where a print out of the same will be taken and shall be made a

part of the judicial record. The hard copy would also be

dispatched preferably within three days by the Coordinator at the

Remote Point to the Court Point by recognised courier / registered

speed post.

8.9

An audio-visual recording of the examination of person examined shall be

preserved. An encrypted master copy with hash value shall be retained as

a part of the record.

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8.10 The Court may, at the request of a person to be examined, or on its own

motion, taking into account the best interests of the person to be examined,

direct appropriate measures to protect the privacy of the person examined

bearing in mind aspects such as age, gender, physical condition and

recognized customs and practices.

8.11 The Coordinator at the Remote Point shall ensure that no person is present

at the Remote Point, save and except the person being examined and those

whose presence is deemed administratively necessary by the Coordinator

for the proceedings to continue.

8.12 The Court may also impose such other conditions as are necessary in a

given set of facts for effective recording of the examination (especially to

ensure compliance with Rule 5.6.4).

8.13 The examination shall, as far as practicable, proceed without interruption

or the grant of unnecessary adjournments. However, the Court or the

Commissioner as the case may be, will be at liberty to determine whether

an adjournment should be granted, and if so, on what terms.

8.14 The Court shall be guided by the provisions of the CPC and Chapter

XXIII, Part B of the CrPC, the Evidence Act and the IT Act while

examining a person through video conferencing.

8.15 Where a Required Person is not capable of reaching the Court Point or the

Remote Point due to sickness or physical infirmity, or presence of the

required person cannot be secured without undue delay or expense, the

Court may authorize the conduct of video conferencing from the place at

which such person is located. In such circumstances the Court may direct

the use of portable video conferencing systems. Authority in this behalf

may be given to the concerned Coordinator and/or any person deemed fit

by the Court.

8.16 Subject to such orders as the Court may pass, in case any party or person

authorized by the party is desirous of being physically present at the

Remote Point at the time of recording of the testimony, such a party shall

make its own arrangement for appearance /representation at the Remote

Point.

9. Exhibiting or Showing Documents to Witness or Accused at a Remote Point.—

If in the course of examination of a person at a Remote Point by video conferencing, it is

necessary to show a document to the person, the Court may permit the document to be

shown in the following manner:

9.1

If the document is at the Court Point, by transmitting a copy or image of

the document to the Remote Point electronically, including through a

document visualizer; or

9.2

If the document is at the Remote Point, by putting it to the person and

transmitting a copy/image of the same to the Court Point electronically

including through a document visualizer. The hard copy of the document

counter signed by the witness and the Coordinator at the Remote Point

shall be dispatched immediately thereafter to the Court Point via

authorized courier/registered speed post.

10. Ensuring seamless video conferencing .—

10.1 The Advocate or Required Person, shall address the Court by video

conferencing from a specified Remote Point on the date and time specified

in the order issued by the Court. The presence of the coordinator will not

BIHAR GAZETTE (EXTRA) 16TH DECEMBER 2020

be necessary at the Remote point where arguments are to be addressed by

an advocate or party in person before the Court.

10.2

If the proceedings are carried out from any of the Remote Point(s) (in

situations described in Rules 5.3.1 to 5.3.9) the Coordinator at such

Remote Point shall ensure compliance of all technical requirements.

However, if the proceedings are conducted from a Remote Point falling in

the situation contemplated under Rule 5.3.10, such as an Advocate’s

office, the Coordinator at the Court Point shall ensure compliance of all

technical requirements for conducting video conferencing at both the

Court Point and the Remote Point.

10.3

The Coordinator at the Court Point shall be in contact with the concerned

Advocate or the Required Person and guide them in regard to the

fulfilment of technical and other requirements for executing a successful

hearing through video conferencing. Any problems faced by such Remote

Users shall be resolved by the Court Point Coordinator. The Court Point

Coordinator shall inter alia share the link of the video conferencing

hearing with such Remote Users.

10.4 The Coordinator at the Court Point shall ensure that any document or

audio-visual files, emailed by the Remote User, are duly received at the

Court Point.

10.5 The Coordinator at the Court Point shall also conduct a trial video

conferencing, preferably 30 minutes prior to scheduled video conferencing

in order to ensure that all the technical systems are in working condition at

both the Court Point and the Remote Point.

10.6

At the scheduled time, the Coordinator at the Court Point shall connect the

Remote User to the Court.

10.7 On completion of the video conferencing proceeding, the Court shall

mention in the order sheet the time and duration of the proceeding, the

software used (in case the software used is not the Designated Video

Conferencing Software), the issue(s) on which the Court was addressed

and the documents if any that were produced and transmitted online. In

case a digital recording is tendered, the Court shall record its duration in

the order sheet along with all other requisite details.

10.8 The Court shall also record its satisfaction as to clarity, sound and

connectivity for both Court Users and Remote Users.

10.9 On the completion of video conferencing, if a Remote User is of the

opinion that they were prejudiced due to poor video and / or audio quality,

the Remote User shall immediately inform the Coordinator at the Court

Point, who shall in turn, communicate this information to the Court

without any delay. The Court shall consider the grievance and if it finds

substance in the grievance may declare the hearing to be incomplete and

the parties may be asked to re-connect or make a physical appearance in

Court.

11. Judicial remand, framing of charge, examination of accused and Proceedings

under Section 164 of the CrPC.—

11.1 The Court may, at its discretion, authorize detention of an accused, frame

charges in a criminal trial under the CrPC by video conferencing.

However, ordinarily judicial remand in the first instance or police remand

shall not be granted through video conferencing save and except in

exceptional circumstances for reasons to be recorded in writing.

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11.2 The Court may, in exceptional circumstances, for reasons to be recorded

in writing, examine a witness or an accused under Section 164 of the CrPC

or record the statement of the accused under Section 313 CrPC through

video conferencing, while observing all due precautions to ensure that the

witness or the accused as the case maybe is free of any form of coercion,

threat or undue influence. The Court shall ensure compliance with Section

26 of the Evidence Act.

Chapter IV- General Procedure

12. General procedure .—

12.1

The procedure set out hereinafter in this chapter is without prejudice to

the procedure indicated elsewhere in these Rules qua specific instances

in which proceedings are conducted via video conferencing.

12.2

The Coordinator at the Court Point shall ensure that video conferencing

is conducted only through a Designated Video Conferencing Software.

However, in the event of a technical glitch during a given proceeding,

the concerned Court may for reasons to be recorded permit the use of a

software other than the Designated Video Conferencing Software for

video conferencing in that particular proceeding.

12.3

The identity of the person to be examined shall be confirmed by the

Court with the assistance of the Coordinator at the Remote Point in

accordance with Rule 8.1, at the time of recording of the evidence and

the same must be reflected in the order sheet of the Court.

12.4

In civil cases, parties requesting for recording statements of the person

to be examined by video conferencing shall confirm to the Court, the

location of the person, the willingness of such person to be examined

through video conferencing and the availability of technical facilities

for video conferencing at the agreed upon time and place.

12.5

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

witness or a Court witness, or where a person to be examined is a

defence witness, the counsel for the prosecution or defence counsel, as

the case maybe, shall confirm to the Court the location of the person,

willingness to be examined by video conferencing and the time, place

and technical facility for such video conferencing.

12.6

In case the person to be examined is an accused, the prosecution will

confirm the location of the accused at the Remote Point.

12.7

Video conferencing shall ordinarily take place during the Court hours.

However, the Court may pass suitable directions concerning the timing

and schedule of video conferencing as the circumstances may warrant.

12.8

If the accused is in custody and not present at the Court Point, the Court

will order a multi-point video conference between itself, the witness

and the accused in custody to facilitate recording of the statement of the

witness (including medical or other expert). The Court shall ensure that

the defence of the accused is not prejudiced in any manner and that the

safeguards contained in Rule 8.3 are observed.

12.9

The Coordinator at the Remote Point shall be paid such amount as

honorarium as may be directed by the Court in consultation with the

parties.

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13. Costs of Video Conferencing .—In the absence of Rules prescribed by the

concerned Court, the Court may take into consideration following circumstances when

determining and/or apportioning the costs of video conferencing:

13.1 In criminal cases, the expenses of the video conferencing facility

including expenses involved in preparing soft copies / certified copies of

the Court record and transmitting the same to the Coordinator at the

Remote Point, and the fee payable to translator / interpreter / special

educator, as the case may be, as also the fee payable to the Coordinator

at the Remote Point, shall be borne by such party as directed by the

Court.

13.2 In civil cases, generally, the party making the request for recording

evidence, through video conferencing shall bear the expenses.

13.3 Besides the above, the Court may also make an order as to expenses as it

considers appropriate, taking into account Rule/ Rules regarding

payment of expenses to the complainant and witnesses, as may be

prevalent from time to time.

13.4 It shall be open to the Court to waive the costs as warranted in a given

situation.

14. Conduct of Proceedings.—

14.1 All Advocates, Required Persons, the party in person and/or any other

person permitted by the Court to remain physically or virtually present

(hereinafter collectively referred to as participants) shall abide by the

requirements set out in Schedule I.

14.2 Before the commencement of video conferencing all participants, shall

have their presence recorded. However, in case a participant is desirous

that their face or name be masked, information to that effect will be

furnished to the Court Point Coordinator prior to the commencement of

the proceeding.

14.3 The Court Point Coordinator shall send the link / Meeting ID / Room

Details via the email Id / mobile number furnished by the Advocate or

Required Person or other participant permitted to be virtually present by

the Court. Once the proceedings have commenced, no other persons will

be permitted to participate in the virtual hearing, save and except with

the permission of the Court.

14.4 The participants, after joining the hearing shall remain in the virtual

lobby if available, until they are admitted to virtual hearing by the

Coordinator at the Court Point.

14.5 Participation in the proceedings shall constitute consent by the

participants to the proceedings being recorded by video conferencing.

14.6 Establishment and disconnection of links between the Court Point and

the Remote Point would be regulated by orders of the Court.

14.7 The Court shall satisfy itself that the Advocate, Required Person or any

other participant that the Court deems necessary at the Remote Point or

the Court Point can be seen and heard clearly and can clearly see and

hear the Court.

14.8 To ensure that video conferencing is conducted seamlessly, the

difficulties, if any, experienced in connectivity must be brought to the

notice of the Court at the earliest on the official email address and

mobile number of the Court Point Coordinator which has been furnished

BIHAR GAZETTE (EXTRA) 16TH DECEMBER 2020

to the participant before the commencement of the virtual hearing. No

complaint shall subsequently be entertained.

14.9 Wherever any proceeding is carried out by the Court under these Rules

by taking recourse to video conferencing, this shall specifically be

mentioned in the order sheet.

15. Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats.—

15.1 In conformity with the provisions of the Legal Services Authorities Act,

1987 and the laws 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 by the Chairman / Secretary of the

District Legal Service Authority or Taluka Legal Service Committee or

Members of Lok Adalats before passing any award or orders in

accordance with law.

15.2 Such award or order shall have the same force as if it was passed by the

regular Lok Adalat or Jail Adalat.

15.3 Copy of the award or order and the record of proceedings shall be sent to

the Remote Point.

16. Allowing persons who are not parties to the case to view the proceedings .—

16.1 In order to observe the requirement of an open Court proceeding,

members of the public will be allowed to view Court hearings conducted

through video conferencing, except proceedings ordered for reasons

recorded in writing to be conducted in-camera. The Court shall

endeavour to make available sufficient links (consistent with available

bandwidth) for accessing the proceedings.

16.2 Where, for any reason, a person unconnected with the case is present at

the Remote Point, that person shall be identified by the Coordinator at

the Remote Point at the start of the proceedings and the purpose of the

presence of that person shall be conveyed to the Court. Such a person

shall continue to remain present only if ordered so by the Court.

Chapter V – Miscellaneous

17. Reference to Words and Expressions.— Words and expressions used and not

defined in these Rules shall have the same meaning as assigned to them in the CPC, the

CrPC, Evidence Act, IT Act, and the General Clauses Act, 1897.

18. Power to Relax.— The High Court may if satisfied that the operation of any

Rule is causing undue hardship, by an order dispense with or relax the requirements of that

Rule to such extent and subject to such conditions, as may be stipulated to deal with the case

in a just and equitable manner.

19. Residual Provisions.—Matters with respect to which no express provision has

been made in these Rules shall be decided by the Court consistent with the principle of

furthering the interests of justice.

By order of the Governor of Bihar,

PHOOL CHANDRA CHOUDHARY,

Secretary to Government.

BIHAR GAZETTE (EXTRA) 16TH DECEMBER 2020

SCHEDULE I

All participants shall wear sober attire consistent with the dignity of the

proceedings. Advocates shall be appropriately dressed in professional attire

prescribed under the Advocates Act, 1961. Police officials shall appear in the

uniform prescribed for police officials under the relevant statute or orders. The

attire for judicial officers and Court staff will be as specified in the relevant

Rules prescribed in that behalf by the High Court. The decision of the Presiding

Judge or officer as to the dress code will be final.

Proceedings shall be conducted at the appointed date and time. Punctuality shall

be scrupulously observed.

The case will be called out and appearances shall be recorded on the direction of

the Court.

Every participant shall adhere to the courtesies and protocol that are followed in

a physical Court. Judges will be addressed as “Madam/Sir” or “Your Honour”.

Officers will be addressed by their designation such as “Bench Officer/Court

Master”. Advocates will be addressed as “Learned Counsel/Senior Counsel”

Advocates, Required Persons, parties in person and other participants shall keep

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

submissions.

Remote Users shall ensure that their devices are free from malware.

Remote Users and the Coordinator at the Remote Point shall ensure that the

Remote Point is situated in a quiet location, is properly secured and has

sufficient internet coverage. Any unwarranted disturbance caused during video

conferencing may if the Presiding Judge so directs render the proceedings non-

est.

All participants cell phones shall remain switched off or in air-plane mode

during the proceedings.

All participants should endeavour to look into the camera, remain attentive and

not engage in any other activity during the course of the proceedings

10.

The provisions of the Patna High Court Rules would be applicable wherever

the present Rules are inconsistent with the same or where provision has not

specifically been made in the present Rules.

BIHAR GAZETTE (EXTRA) 16TH DECEMBER 2020

SCHEDULE II

Request Form for Video Conference

1. Case Number / CNR Number (if any)

2. Cause Title

3. Proposed Date of conference (DD/MM/YYYY):___________

4. Location of the Court Point(s):______________

5. Location of the Remote Point(s):_______________________

6. Names & Designation of the Participants at the Remote Point: ___________________

7. Reasons for Video Conferencing:

In the matter of:

8. Nature of Proceedings: Final Hearing Motion Hearing Others

I have read and understood the provisions of Rules for Video Conferencing for Courts

(hyperlink). I undertake to remain bound by the same to the extent applicable to me. I agree to

pay video conferencing charges if so, directed by the Court.

Signature of the applicant / authorised signatory:

Date:

For use of the Registry / Court Point Coordinator

A) Bench assigned:

B) Hearing:

Held on (DD/MM/YYYY):

Commencement Time:

End time:

Number of hours:

C) Costs:

Overseas transmission charges if any:

To be Incurred by Applicant /Respondent:

To be shared equally:

Waived; as ordered by the Court:

Signature of the authorised officer:

Date:

PHOOL CHANDRA CHOUDHARY,

Secretary to Government.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 947—571+100—Egazette

Website: http://egazette.bih.nic.in