The Kerala High Court recently addressed the issue of an accused person residing abroad being unable to personally appear before a trial court. In the case of Rameshan v. State of Kerala, the Court permitted the accused, employed overseas, to respond to the trial court's questions remotely, either through a written statement or via videoconferencing. This decision reflects the judiciary's adaptation to technological advancements to ensure access to justice, even when physical presence is not feasible.
The accused had been granted exemptions from personal appearances during earlier stages of the trial. However, the trial court required his presence to answer questions under Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which pertains to the court's power to examine the accused. Unable to travel to India, the accused sought the High Court's permission for his lawyer to answer the questions on his behalf.
Justice CS Dias, in his ruling, referred to the Supreme Court's decision in Basavaraj R Patil & Ors v. State of Karnataka, which allows, in special circumstances, the accused to provide responses through authenticated written statements. Additionally, the judge highlighted that Section 351(5) of the BNSS permits trial courts to accept written statements from the accused. Recognizing the advancements in technology, the Court noted the availability of robust videoconferencing facilities, facilitating virtual responses to the trial court's queries.
The Court further observed that the COVID-19 pandemic had accelerated the adoption of technology in judicial proceedings, leading to the introduction of the Electronic Video Linkage Rules for Courts (Kerala), 2021, and the Electronic Filing Rules for Courts (Kerala), 2021. These rules enable the examination of accused persons, framing of charges, and filing of documents through electronic means, thereby integrating technology into criminal proceedings to ensure timely access to justice.
In conclusion, the Kerala High Court's decision underscores the judiciary's commitment to embracing technological advancements to facilitate the legal process, ensuring that individuals can exercise their rights and fulfill their obligations, irrespective of geographical constraints.
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