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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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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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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BIHAR GAZETTE (EXTRA) 18TH NOVEMBER 2025

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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BIHAR GAZETTE (EXTRA) 18TH NOVEMBER 2025

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.

———

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA,

BIHAR GAZETTE (EXTRA) 1718-571+100

Website:https://egazette.bihar.gov.in