REGISTERED NO. PT.-40
EXTRA ORDINARY
PUBLISHED BY AUTHORITY
27 KARTHIK1947(S)
(NO.PATNA 1718) PATNA, TUESDAY, 18TH NOVEMBER 2025
No. (X-06-2025) A.D. (Rules) 2806 (R)
PATNA HIGH COURT
———
NOTIFICATION
The 18th November, 2025
THE USE OF ELECTRONIC COMMUNICATION AND AUDIO-VIDEO
ELECTRONIC MEANS FOR THE DISTRICT COURTS OF BIHAR RULES 2025
Object and Reasons.—
Whereas, in order to avoid delay in judicial proceeding due to non-
availability of parties, advocates, witnesses and accused physically, it is expedient
to formalise and enable use of electronic communication and other audio-video
electronic means for the purpose of conducting trial, inquiry and proceeding under
the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023).
Whereas, the BNSS under section 54, 63, 64, 70, 71, 94, 154, 183, 187,
193, 209, 227, 230, 231, 251, 254, 262, 265, 266, 308, 310, 316, 336, 355, 356,
392, and 530 recongnises use of audio-video electronic means and other forms of
electronic communication for different proceedings.
Whereas, Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS) provides that all trials, inquires and proceedings under this Sanhita,
including examination of complainant and witnesses, recording of evidence in
inquiries and trials and all appellate proceedings or any other proceeding, may be
held in electronic mode, by use of electronic communication or use of audio-video
electronic means.
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Whereas there is no restriction on civil courts in using video conferencing
facilities in conducting trial.
Whereas, the District Judiciary in the State of Bihar has been using video
conferencing facilities for conducting inquiries and trials in civil as well as
criminal proceedings.
In exercise of the powers conferred by Article 227 of the Constitution of
India, and all other enabling sections of the Bharatiya Nagarik Suraksha Sanhita,
2023 (No. 46 of 2023), audio-video electronic communication for District Courts
including sub-divisional courts, the High Court of Judicature at Patna do
hereby notify the following rules:-
CHAPTER I
PRELIMINARY
1. Short title, Application and Commencement.-
(1)
These Rules shall be called "The Use of Electronic
Communication and Audio-Video Electronic Means for the
District Courts of Bihar Rules, 2025".
(2)
They shall apply to the district courts including sub-divisional
courts of the State of Bihar and to all judicial, departmental and
mediation proceedings in pending cases.
(3)
They shall come into force from the date of their
publication in the Official Gazette.
2. Definitions-
(1) In these Rules, unless the context otherwise requires, -
(a) "Advocate" means and include an advocate entered in any roll
maintained under the provisions of the Advocates Act, 1961 and
shall for the purpose of these rules, include prosecuting officers
and government pleaders;
(b) "Advocate's remote point" means a place from where an advocate
or advocates may appear through a live link and shall include
advocate's chamber or office or a place notified by the Bar for
video conferencing;
(c) "Commissioner" means a person appointed as commissioner
under the provisions of the Bharatiya Nagarik Suraksha Sanhita,
2023 (46 of 2023) or any other law for the time being in force;
(d) "Coordinator" means a person nominated as coordinator under
Rule 9;
(e) "Court" includes a physical court and a virtual court or a tribunal;
(f) "Court point" means the courtroom or the place where the court is
physically convened, or the place where a commissioner or an
inquiry officer holds proceedings pursuant to the directions of the
court;
(g) "Court room" means the place or room or enclosed space
including virtual court room in which court proceedings are held;
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(h) "Designated Place" means any one or more places specified
where the facilities are made available for use of electronic
communication or use of audio-video electronic means with courts
points and shall include Vulnerable Witness Deposition Centre
from where evidence of such witnesses may be recorded;
(i) "Designated Video Conferencing Software" means a software
approved by the High Court from time to time for the use of video
conferencing or other audio-video electronic communication;
(j) "High Court" means the High Court of Judicature at Patna;
(k) "Live link" means and includes a live link for audio-video
electronic communication or other arrangements whereby a
witness, an accused, party, advocate or any other person is required
by Court to remain present virtually in the court room by use of
electronic communication or use of audio-video electronic means;
(l) "Remote Point" means a place where any person is required to be
present or appear through a live link and includes designated place
from where submissions may be made before the Court but does
not include Advocate's remote point;
(m) "Remote User" means a user participating in court proceedings
through video conferencing at a designated place or advocates
remote point;
(n) "Required Person" includes:
(i)
a person who is to be examined as a witness, complainant or
otherwise: or
(ii) person in whose presence certain proceedings are to be
recorded or conducted including an accused; or
(iii) an advocate or a party in person; or
(iv) any person including victim who is required to make
submissions before the Court; or
(v) any other person who is permitted by the Court to appear
through video conferencing or other modes of audio visual
electronic communication;
(O) "Rules" shall mean these rules and any reference to a rule or sub-
rule shall be a reference to a rule or sub-rule of these rules;
(2) The words and phrases used but not defined herein shall bear the same
meaning as assigned to them in the concerned High Court Rules,
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); Bharatiya Sakshya
Adhiniyam, 2023 (BSA); Information Technology Act, 2000 (IT Act),
Code of Civil Procedure, 1908 (CPC) and the General Clauses Act, 1897.
3. Construction of references.-
(1) Unless the context otherwise requires, any reference to Bharatiya Nagarik
Suraksha Sanhita, 2023 in these Rules shall include reference to Code of
Criminal Procedure, 1973 under the corresponding provisions.
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Chapter II
General Principles-1
4. Implementation of Video Conferencing under BNSS Provisions:
4.1. Electronic Hearings (BNSS Sec 530)
All trials, inquiries, and proceedings may be conducted electronically,
including:
Examination of complainants and witnesses
Recording of evidence
Appellate and other judicial proceedings
4.2. Appearance via Video Conferencing (BNSS Sec 154, 355)
Persons required to appear before the court may do so via video
conferencing, including cases where the accused is absent.
4.3. Accused in Judicial Custody (BNSS Sec 187)
Accused persons may be presented before the court via video
conferencing, except for the first appearance, which requires physical
presence.
4.4. Framing of Charges (BNSS Sec 251)
Charges may be read and explained to the accused through video
conferencing, with their plea recorded electronically.
4.5. Evidence of Witnesses (BNSS Sec 254, 265, 266, 310, 356)
Witness testimonies and depositions may be recorded via audio-video
means in designated place.
4.6. Deposition of evidence of any police officer or public servants
(BNSS Sec 254)
Testimonies of public servants may be recorded electronically to
expedite legal proceedings.
4.7. Discharge of Accused (BNSS Sec 262)
Courts may examine the accused via electronic means before granting
discharge.
4.8. Examination of Accused in Custody (BNSS Sec 316)
Accused persons in custody may be examined electronically, with
signature verification required within 72 hours.
4.9. Evidence from Public Servants, Experts and police officers (BNSS
Sec 336)
Public officials, forensic experts, and police officers may provide
evidence via video conferencing.
4.10. Judgment Pronouncement (BNSS Sec 392)
Accused persons in custody may hear their judgment via video
conferencing
4.11. Presence of Accused during Evidence Recording (BNSS Sec 308)
Accused persons must be present, either physically or via video
conferencing, during the recording of evidence.
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Chapter III
General Principles -2
5. General Principles Governing Video Conferencing and other modes of
Audio-video electronic communication :
Subject to the provisions hereinafter contained, video conferencing and other
modes of audio-visual electronic communication may be used at all stages of
judicial proceedings and proceedings conducted by the Court, where a person is
required to be present or appear is not physically present in court room:
(i)
All proceedings conducted by a Court via video conferencing and
other modes of audio visual electronic communication shall be judicial
proceedings and all parties / advocates shall maintain the decorum
and protocols as applicable; in physical court and as provided in
Schedule-I.
(ii) All relevant statutory provisions applicable to judicial proceedings
including provisions of BNSS, Contempt of Courts Act, 1971, BSA
and IT Act, shall apply to proceedings conducted by video
conferencing;
(iii) 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;
(iv) Courts shall use only High Court/Government approved and secure
video conferencing platforms equipped with end-to-end encryption to
protect data and privacy;
(v) Any unauthorized access, hacking attempts, or security breaches must
be reported immediately to the concerned court and addressed in
accordance with the law;
(vi) 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,
(vii) Unless expressly permitted by Court, no person, either at Court Point
or at designated place or at Remote Point or Advocate's Remote Point,
shall record or publish or share the proceedings or any part of the
proceedings conducted by video conferencing or other modes of
audio-visual electronic communication,
(viii) There shall be no unauthorized recording of the proceedings by any
person or entity;
6. Identification of person appearing through video conferencing or other
modes of audio- visual electronic communication.-
(i) The person defined in rule 2(1)(n) shall provide an identity proof as
recognized by the Government of India or State Government to the
court point coordinator by electronic communication. In case,
identity proof is not readily available, the Court may, upon
satisfaction allow such person to participate in proceedings without
production of identity proof. However, the person concerned shall
furnish his/her personal details i.e. name, age, parantage and
permanent address, as also, temporary address if any.
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7. Facilities recommended for Video Conferencing.—
(i)
Each courtroom should be equipped with a video conferencing
facility to enable seamless connectivity with stakeholders. This
integration will eliminate the need to move to a separate dedicated
room for virtual hearings, ensuring efficiency, saving time, and
enhancing judicial proceedings.
(ii)
A dedicated and exclusive video conferencing center should be
established promptly at each district and Sub-Division level.
(iii) A dedicated space for video conferencing within police stations,
prisons, prosecution offices, forensic departments, and other
designated places.
The following equipments are recommended for conducting proceedings by
video conferencing at the Court Point and the Remote Point:
Computer
Desktop and Laptop
Network and
Internet
Connectivity
High-Speed Internet Connection (Minimum 50 Mbps) -
Ensures seamless video transmission without lag;
Backup Internet Connection-A secondary connection to
prevent disruptions
Dedicated LAN/Wi-Fi Setup-Ensures stable and secure
connectivity;
Video
Equipment
High-Resolution Cameras (Full HD/4K) - To capture clear
video feeds of participants;
Adjustable and Multiple Camera Angles - Enables
focusing on the judge, lawyers, accused, or witnesses;
Audio
Equipment
Noise-Canceling Microphones - Reduces background noise
and ensures clear audio transmission;
High-Quality Speakers - Provides clear sound output for
participants;
Echo-Cancellation and Acoustic Treatment-Enhances
audio clarity by minimizing reverberation;
Display and
Projection
Equipment
Large Display Screens (LED/Projectors) - For clear
visibility of remote participants;
Multiple Screen Setup (Optional)-Allows simultaneous
viewing of different participants;
Software and
Encryption
Standards
End-to-End Encrypted Video Conferencing Software-
Ensures secure communication;
Firewall and VPN Protection-Prevents unauthorized
access;
Multi-Factor Authentication (MFA) for Users-Ensures
identity verification;
Secure Login Credentials for Each Session - Limits access
to authorized personnel;
Recording and
Documentation
Court-Approved Recording Mechanism - Allows secure
documentation of hearings;
Transcription Services - Automated/manual transcription
of court proceedings;
Cloud or Local Storage Options-Secure storage for
recorded sessions;
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BIHAR GAZETTE (EXTRA) 18TH NOVEMBER 2025
IT Support and
Maintenance
On-Site Technical Team - Ensures quick resolution of
technical issues;
24/7 Remote IT Support-Provides assistance for
troubleshooting;
Regular Equipment Maintenance - Ensures uninterrupted
functionality;
Power Backup
Uninterruptible Power Supply (UPS) System-Prevents
power outages from disrupting proceedings;
Backup Generators-For prolonged power failures, etc.
8. The designated video conferencing software to be procured by High Court
shall facilitate following minimum requirements:-
(i)
an online, real-time collaboration software with features like video,
voice, screen sharing, document sharing, presentation, recording etc.
(ii) the solution should have a whiteboard for flashing messages and
recording meetings or sessions.
(iii) the complete access log of the different users with extended reports,
including IP/ Device details/Application details, should be provided
with each meeting room.
(iv) the platform should be hosted on an India-based data centre with a
100% Disaster recovery site.
(v) the platform must offer cross-platform functionality, ensuring seamless
operation across various operating systems, including Windows, Linux,
macOS, IOS etc., to accommodate diverse technology ecosystems of all
participants and guarantee a consistent user experience regardless of the
operating system used.
(vi) the platform must be scalable to multi point connectivity with 250 user
logins at a time,
(vii) the platform must provide private and confidential Breakout rooms;
between multiple users,
(viii) the platform must provide master control facility at Court's end,
recording and archiving facility at court point, server or cloud
(ix) the platform must provide audit trail facility of the proceedings and also
provision of a firewall.
9. Appointment of Coordinators.-
(1) There shall be a Coordinator both at the Court Point and at the
designated place from where any required person is to be examined or
heard or is directed to remain present. However, coordinator may be
required at the remote point only when a witness or a person accused
of an offence is to be examined.
(2) In all the Courts, one or more persons nominated by the High Court or
the Principal District and Sessions Judge concerned within whose
jurisdiction the respective Court is present, shall perform the functions
of the coordinator(s) at the designated place.
(3) The Court may appoint any court official as a coordinator at the Court
Point.
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(4)
The coordinator at the designated place may be any of the following:
Sub Rule
Where the Advocate Required
or Person is at the following
Point:-
The Remote Point Coordinator shall be:-
9.(4).1
Overseas
An official of an Indian Consulate/the
relevant Indian Embassy / the relevant
High Commission of India;
9.(4).2
Court of another state or union
territory of India
Any authorized official nominated by the
concerned Principal District Judge;
9.(4).3
Mediation Centre or office of
District Legal Services
Authority
Any authorized person officially nominated
by the Chairperson or Secretary of the
concerned District Legal Services
Authority;
9.(4).4
Jail or prison
The concerned Jail Superintendent or
Officer-in-charge of the prison;
9.(4).5
Hospitals administered by the
Central Government, the State
Government or local bodies
Medical Superintendent or an official
authorized by them or the person in charge
of the said hospital,
9.(4).6
Observation Home, Special
Home, Children's Home,
Shelter Home, or any
institution referred to as a
Child Care Institution and
where the Required Person is a
juvenile or a child or a person
who is an inmate of such Child
Care Institution.
The Superintendent or Officer in charge of
that Child Care Institution or an official
authorized by them;
9.(4).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 Officer-in-charge of
the women's facility or an official
authorized by them;
9.(4).8
In custody, care or
employment of any other
government office,
organization or institution
(collectively referred to as
institutional facilities).
The Superintendent or Officer-in-charge of
the institutional facility or an official
authorized by them;
9.(4).9
Forensic Science Lab
The Administrative officer in-charge
-or their nominee;
9.(4).10
In case of any other location
The concerned Court may nominate any
public servant or public official of the
concerned department to render 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)
Where the witness examination is to take place in a criminal case of a
person located outside the country, the provisions of the BNSS 2023
(Section 110 & Chapter 8) and "Comprehensive Guidelines for
investigation abroad and issue of Letters Rogatory (LRs)/Mutual Legal
Assistance (MLA) Request and Service of Summons / Notices/
Judicial documents in respect of Criminal Matters prevailing at that
time" will be followed to the extent they comport with the provisions
of the BNSS and BSA.
10. Preparatory arrangements.-
(1) The coordinator at the designated place/remote point shall ensure that;
(a) the required persons scheduled to appear in a particular proceeding
are ready at the remote point/designated place for video conferencing
well before the scheduled time;
(b) no unauthorized recording device is used;
(c) no unauthorized person enters the remote point or designated place
when the video conference is in progress;
(d) 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 Court concerned during the course of
examination.
(2) Where the witness to be examined through video conferencing or other
audio-visual electronic communication 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 provide the copies of all or any part of the relevant documents in
electronic form to the coordinator of the concerned remote point.
(3) Before the scheduled video conferencing, the Court shall ensure that the
coordinator at the designated place or remote point receives in electronic
form, copies of all or any part of the documents which may be required for
recording of evidence, or for reference of the witness. However,
coordinator shall allow such documents in electronic form to be used by
the required person only with the permission of the Court.
(4) Whenever required, the Court shall order the coordinator at the remote
point or at the court point to provide-
(a) a translator in case the person to be examined is not conversant with
the official language of the court;
(b) an expert in sign languages in case the person to be examined is
impaired in speech and/or hearing;
(c) 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,
(d) a person for reading of documents in case the person to be examined
is visually challenged.
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CHAPTER IV
PROCEDURE FOR VIDEO CONFERENCING
11. Appearance through video conferencing and other modes of audio-visual
electronic communication.-
(1) In criminal cases, any party to the proceedings or witness, save and
except where proceedings are initiated at the instance of the Court or on
request of public prosecutor, may move a request for presence and
proceedings through video conferencing. (SCHEDULE - II)
(2) In civil cases, the court may, as its discretion or on request of any of the
parties, initiate process for hearing of any case through video
conferencing
and
other
modes
of
audio-visual
electronic
communication.
(3) While allowing a request for video conferencing the Court may also fix
the schedule for convening the video conferencing
(4) An advocate may appear from advocate's remote point for making
submissions or for examination of witnesses.
(5) Where video conferencing proceedings are conducted for making oral
submissions, the order may require the advocate or party in person to
submit written arguments and precedents, if any, in advance, by email.
12. Service of processes.—Processes issued to a witness who is to be examined
through video conferencing, shall mention the date, time and venue of the concerned
designated place and shall direct the witness to attend in person alongwith proof of
identity. If a person is examined with reference to a particular document then the process
to witness must be accompanied by a copy of the document:
The existing rules regarding service of summons and the consequences
for non-attendance, as provided in the CPC and BNSS, as the case may
be, shall apply with respect to service of processes for proceedings
conducted by video conferencing.
Provided that nothing in this rule shall preclude a court from conducting
trials, inquires and proceedings in electronic mode, by use of electronic
communication or use of audio-video electronic means.
13. Examination of persons and witnesses through video conferencing and
other modes of audio-visual electronic communication -
(1) The person being examined through video conferencing and other modes
of audio-visual electronic communication shall ordinarily be examined
during the working hours of the court concerned 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.
(2) 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.
(3) Where the person being examined is an accused, the court shall provide
adequate opportunity to consult with his advocate before and after the
video conferencing.
(4) The Court shall read over and explain the evidence recorded to the
witness and obtain the signature of the person being examined on the
transcript immediately after the examination is concluded. The signed
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BIHAR GAZETTE (EXTRA) 18TH NOVEMBER 2025
transcript shall 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.-
(a) If digital signatures are available at both the concerned Court Point and
remote point, the copy of the transcript digitally signed by the presiding
officer at the Court Point shall be sent by the designated video
conferencing software or official e-mail to the coordinator at remote
point where a print out of the same shall be taken and signed by the
person being examined. A scanned copy of the transcript digitally signed
by the coordinator at the remote point shall be transmitted by the
designated video conferencing software or official e-mail 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 recognized courier /
registered speed post or by any other lawful medium as the court may
deem fit.
(b) If digital signatures are not available, the printout of the transcript shall
be signed by the presiding Judge, at the Court Point and shall be sent in
non-editable scanned format by the designated video conferencing
software or official e-mail account of the designated place or e-mail of
the coordinator at remote point where a printout of the same shall 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 at the remote point
by the designated video conferencing software or official e-mail to the
Court Point where a print out of the same shall be taken and shall be
made a part of the judicial record. 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 recognized courier / registered speed post or by any other
lawful medium as the court may deem fit.
(5) The court may, at the request of a person to be examined, or on its own
motion, taking into account the best interest 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.
(6) 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 to the under-trial prisoner to consult in privacy
with their counsel before, during and after the video conferencing.
(7) Subject to the provisions for examination of witnesses contained in the
BSA, 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) If a person is examined with reference to a particular document then
the summons to witness must be accompanied by a duly certified
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BIHAR GAZETTE (EXTRA) 18TH NOVEMBER 2025
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.
(9) The Court would be at liberty to record the demeanour of the person
being examined.
(10) The coordinator at the designated place 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.
(11) The court may also impose such other conditions as are necessary in for
effective hearing of cases through video conferencing and other modes
of audio-video electronic communication.
(12) If the court thinks fit, the required person may be permitted to connect
through video conferencing or other modes of audio-visual electronic
communication from the place of his residence or work:
Provided that evidence of a witness shall be recorded only from the
designated place, except in situation hereinafter provided.
(13) Where a required person is not capable of reaching the Court Point or
the designated place due to sickness or physical infirmity, or whose
presence cannot be secured without undue delay or expense, the Court
may authorize 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 and ensure presence as it
may deem fit.
(14) 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 10(1)).
(15) Where the court is of opinion, for the reasons recorded in writing that,
evidence of the witness cannot be effectively recorded, may decline to
examine such witness through video conferencing.
(16) 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.
(17) The Court shall be guided by the provisions of the CPC, BNSS, BSA
and the IT Act as the case may be while examining a person through
video conferencing.
(18) 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.
14. 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:
(a) if the document is at Court Point, by transmitting the document through
document visualizer;
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(b) if the document is at Court Point, but document visualizer is not
available, by transmitting a copy or image of the document to the remote
point electronically through the designated video conferencing software
or official e-mail;
(c) if the document is at the remote point, by transmitting a copy or image
of the document to the Court Point electronically through the designated
video conferencing software or official e-mail. The hard copy of the
document counter signed by the witness and the coordinator at the
designated place shall also be dispatched to the Court Point through
recognized courier / registered speed post or by any other lawful
medium as the court may deem fit.
15. Ensuring seamless video conferencing --
(1) The coordinator at Court Point shall provide the live link of the video
conferencing hearing with advocates or the required person.
(2) If the proceedings are carried out from any place other than a remote
point, the coordinator, if any, at such remote point shall ensure
compliance of all technical requirements.
(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
fulfillment of technical and other requirements for executing a
successful hearing through video conferencing.
(4) The coordinator at the Court Point shall ensure that any document or
audio-visual files, emailed by the advocate or the required person, are
duly received at the Court Point.
(5) The presence of the coordinator will not be necessary at the Remote
point where arguments are to be addressed by an advocate or party in
person before the Court.
(6) 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.
(7) The Court shall also record its satisfaction as to clarity, sound and
connectivity for both Court Users and Remote Users.
(8) During the course 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.
16. Remand.—The court may authorize detention in judicial custody, of any
person accused of an offence, by video conferencing or other modes of audio-visual
electronic communication as per the provisions of section 187 of the BNSS: However,
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ordinarily judicial remand in the first instance or police remand shall not be granted
through video conferencing;
Provided that if the accused is already in judicial custody, whether of same
Court or some other Court or is undergoing sentence, the Court may
further remand him during inquiry or trial under section 346(2) of the
BNSS through video conferencing or other modes of audio-visual
electronic communication.
17. Plea bargaining.—The Court may also use the modes of audio-visual
electronic communication for the purpose of plea bargaining under Chapter XXIII of the
BNSS.
18. Record of proceedings through audio-visual electronic communication.—
Wherever any proceeding is carried out by the Court under these rules by taking recourse
to the modes of audio visual electronic communication, the Court shall mention in the
order sheet, that the hearing is conducted through video conferencing.
CHAPTER V
GENERAL PROCEDURE
19. General Procedure.-
(1) The procedure set out hereinafter in this chapter is without prejudice to
the procedure indicated elsewhere in these rules where proceedings are
conducted through video conferencing or other modes of audio visual
electronic communication.
(2) The coordinator at the Court Point shall ensure that video conferencing
is conducted only through a designated video conferencing software:
Provided that in the event of a technical fault or for any other
sufficient cause, the Court may for reasons to be recorded in writing,
permit the use of a software other than the designated video
conferencing software for video conferencing in that particular
proceeding:
Provided further that nothing contained in these rules shall prevent
a Court, after recording its reasons in writing, from using any software
other than the designated video conferencing software or other modes
of audio visual electronic communication, to facilitate the hearing of
cases in electronic mode.
(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 13. (2), at the time of recording of the evidence
and the same must be reflected in the order sheet of the Court.
(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.
(5) In criminal cases, where the person to be examined is a prosecution
witness, or a court witness, or a defence witness, or a person is to make
submission for prosecution, or a person is to make submission for
defence, the advocate for the prosecution or defence or the accused, as
the case may be, shall confirm to the Court the location of the person,
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and the time, place and technical facilities available for such video
conferencing.
(6) If the accused is in custody and not present at the Court Point, the Court
shall order a multi-point video conference between Court Point, the
witness and the accused in custody to facilitate recording of the
statement of the witness including medical or other experts.
20. Conduct of Proceedings.-
(1) All advocates, required persons, the party in person or any other person
permitted by the Court to remain physically or virtually present
(hereinafter collectively referred to as participants), shall have their
presence recorded. However, in case participants are desirous that their
face or name be masked, information to that effect shall be furnished to
the Court Point coordinator prior to the commencement of proceedings
for the approval of the court.
(2) 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 1
(3) The Court Point coordinator shall send the live link on mobile number
or email id furnished by the participants permitted to be virtually
present in the Court. Once the proceedings have commenced, no other
person shall be permitted to participate in the virtual hearing, except
with the permission of Court.
(4) Participation in the proceedings through video conferencing shall
constitute consent by the participants to the proceedings being
recorded.
(5) Establishment and disconnection of links between the Court Point and
the remote point shall be regulated by orders of the Court.
(6) 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.
(7) 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 mobile number of the Court
Point coordinator which has been furnished to the participant before the
commencement of the video conferencing. No complaint shall be
entertained subsequently:
21. Third parties to the case.-
(1)
Third parties may be allowed to remain present during video
conferencing only upon a specific order of the Court. However, they
shall be passive participants and shall not be allowed to make any
submission without permission of the Court.
(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 beginning of the proceedings and the purpose
of the presence of that person shall be conveyed to the Court. Such
person shall continue to remain present only with the permission of the
Court.
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22. Costs of Video Conferencing.—In the absence of rules prescribed by the
concerned Court, the Court may take into consideration the following circumstances
when determining and/or apportioning the costs of video conferencing:
a. 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 the 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.
b. Besides the above, the Court may also make an order as to expenses as it
considers appropriate, taking into account the rules/instructions
regarding payment of expenses to the complainant and witnesses, as may
be prevalent from time to time.
c. In civil cases, generally, the party making the request for recording
evidence, through video conferencing shall bear the expenses.
d. It shall be open to the Court to waive the costs as warranted in a given
situation.
23. Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats
a. 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/ Sub divisional Legal Service
Committee or Members of Lok Adalats before passing any award or
orders as per law,
b. Such award or order shall have the same force as if it was passed by the
regular Lok Adalat or Jail Adalat.
c. Copy of the award or order and the record of proceedings shall be sent to
the Remote Point.
24. Allowing persons who are not parties to the case to view the proceedings.—
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 endeavor to make available sufficient links (consistent with available
bandwidth) for accessing the proceedings.
Chapter VI
Miscellaneous
25. 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 BNSS, the
BSA, C.P.C., the IT Act, and the General Clauses Act, 1897.
26. Power to Relax.-The High Court may if satisfied that the operation of any
Rule is causing undue hardship, by 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.
27. Residual Provisions.-Matters concerning for 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.
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28. Repeal and Savings.—
(1) The Rules for Video Conferencing for Courts, 2020 are hereby repealed.
(2) Notwithstanding the repeal, provisions of Rules for Video Conferencing
for Courts 2020, shall apply to:-
a)
Actions and proceedings commenced before these rules came into
force.
b)
All notifications/orders published/issued under the Rules for Video
Conferencing for Courts, 2020, to the extent they are not repugnant
to these rules, shall be deemed to have been made or issued under
these rules.
SCHEDULE I
1. 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 Patna High Court. The decision of the Presiding
Judge or officer as to the dress code will be final.
2.
Proceedings shall be conducted at the appointed date and time. Punctuality shall
be scrupulously observed.
3. The case will be called out and appearances shall be recorded on the direction of
the Court.
4. 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"
5. Advocates, Required Persons, parties in person and other participants shall keep
their microphones muted till they are called upon to make submissions.
6.
Remote Users shall ensure that their devices are free from malware.
7.
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.
8.
All participants cell phones shall remain switched off or in airplane mode during
the proceedings.
9. All participants should endeavor to look into the camera, remain attentive and not
engage in any other activity during the proceedings.
10. Background noise, unnecessary movements, and interruptions must be minimized
to maintain the decorum of judicial proceedings.
11. The use of offensive language, disrespectful behavior, or non-compliance with
judicial instructions may lead to immediate removal from the session and
potential legal consequences.
12. Only court have the discretion to mute or remove any participant violating these
conduct rules.
13. 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.
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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. Location of the Advocate’s Remote Point(s)
7. Names & Designation of the Participants at the Remote Point:
8. Reasons for Video Conferencing:
In the matter of
9. Nature of Proceedings: Final Hearing Motion Hearing Others
I have read and understood the provisions of Rules for Video Conferencing for Courts
(hyperlink). 1 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:
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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:
By order of the Court,
PRADEEP KUMAR MALIK,
Registrar General.
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PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA,
BIHAR GAZETTE (EXTRA) 1718-571+100
Website:https://egazette.bihar.gov.in