Jammu & Kashmir High Court Introduces Video Conferencing (Nyaya Shruti) Rules 2025 to Expedite Judicial Proceedings

In a landmark move aimed at modernizing the judicial process, the High Court of Jammu & Kashmir and Ladakh has officially notified the "Video Conferencing (Nyaya Shruti) Rules, 2025." This initiative is set to revolutionize the conduct of trials, inquiries, and other judicial proceedings within the Union Territories by integrating advanced electronic and audio-visual communication methods. ​

Objective Behind the Implementation

The primary motivation for introducing these rules is to mitigate delays in judicial proceedings often caused by the physical unavailability of parties, advocates, witnesses, and accused individuals. The High Court recognizes that leveraging technology can significantly streamline the justice delivery system, ensuring more timely and efficient adjudication of cases. ​

Legal Foundation and Compliance

The Nyaya Shruti Rules are grounded in Section 530 and other pertinent provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). These sections advocate for the incorporation of electronic communication in various judicial processes, including trials, evidence recording, and judgment pronouncements, thereby aligning the new rules with existing legal frameworks. ​

Key Provisions of the Nyaya Shruti Rules

The newly established rules encompass several critical provisions designed to enhance the efficiency and effectiveness of judicial proceedings:​

• Virtual Attendance of Accused: Individuals in custody, except during their initial appearance, are permitted to attend court sessions via video conferencing, reducing the logistical challenges associated with physical transfers.

• Remote Deposition of Witnesses: Witnesses, including public servants and forensic experts, can provide their testimonies from designated remote locations, facilitating their participation without the need for travel.​

• Electronic Conduct of Hearings: Courts are authorized to conduct appellate, criminal, and civil hearings through end-to-end encrypted platforms, ensuring both security and confidentiality.​

• Digital Framing of Charges and Pleas: The framing of charges and recording of pleas can now be executed electronically, streamlining these procedural aspects.​

• Legal Validity of Virtual Proceedings: All judicial activities conducted via video conferencing are accorded the same legal standing as those conducted in physical courtrooms, ensuring their legitimacy and enforceability.​

Ensuring Decorum and Security in Virtual Hearings

To maintain the integrity and solemnity of court proceedings in a virtual environment, the rules stipulate several guidelines:​

• Approved Software Utilization: All virtual hearings must employ video conferencing software sanctioned by the High Court, featuring advanced encryption, multi-factor authentication, and comprehensive audit trails to safeguard against unauthorized access.​

• Role of Courtroom Coordinators: Designated coordinators are tasked with overseeing the technical setup, verifying participant identities, and ensuring adherence to privacy norms, thereby upholding the decorum of the court.​

• Prohibition of Unauthorized Recordings: Strict measures are in place to prevent unauthorized recordings and access to virtual proceedings, with legal consequences outlined for any breaches, ensuring the confidentiality and integrity of the judicial process.​

Modernizing Court Infrastructure

The implementation of the Nyaya Shruti Rules necessitates significant upgrades to court infrastructure:​

• Video-Conferencing Enabled Courtrooms: Each courtroom is mandated to be equipped with video conferencing capabilities, facilitating seamless virtual interactions.​

• Establishment of Dedicated VC Centers: Dedicated video conferencing centers are to be established in districts, police stations, prisons, and other relevant institutions, ensuring accessibility and convenience for all stakeholders.​

• Technological Enhancements: The technological roadmap includes the installation of high-speed internet connections, noise-canceling microphones, and large LED displays, creating a conducive environment for virtual proceedings.​

Special Provisions for Vulnerable Witnesses

Demonstrating a commitment to inclusivity and sensitivity, the rules incorporate special provisions for vulnerable witnesses:

• Privacy Measures: Adequate privacy measures are to be implemented to protect the identity and comfort of vulnerable witnesses during their testimonies.​

• Support Aids: The provision of support aids such as sign language experts, translators, and visual readers is mandated to assist witnesses with special needs, ensuring their effective participation in proceedings.​

Repeal of Previous Rules and Transitional Provisions

The introduction of the 2025 Rules results in the repeal of the 2021 Video Conferencing Rules. However, actions undertaken under the previous framework remain valid, provided they do not conflict with the new provisions, ensuring a smooth transition and continuity in judicial processes. ​

Implications and Future Outlook

The notification of the Video Conferencing (Nyaya Shruti) Rules, 2025, marks a pivotal step towards the digitization of the judicial system in Jammu & Kashmir and Ladakh. By embracing technology, the High Court aims to enhance accessibility, reduce delays, and promote efficiency in the administration of justice. This progressive move not only aligns with contemporary technological advancements but also sets a precedent for other jurisdictions to follow in modernizing their judicial processes.

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