Institute of Legal and Management Studies

The Bar Council of India (BCI) has strongly objected to a recent notification issued by the Delhi Lieutenant Governor allowing police officials to give evidence from their designated police stations through electronic means, warning that such a measure would jeopardise the rights of the accused and the integrity of trial proceedings.

The BCI called for the the immediate withdrawal of the said notification and ensure that all police officials' evidence is recorded with their physical presence in the Court.

In a communication addressed to the Delhi LG, the BCI said that while it recognises the role of technology in expediting trials and easing the burden on law enforcement, recording evidence from police stations cannot replace the physical presence of witnesses in court.

"Evidence can only be recorded in the court in the physical presence of the witness," the BCI underlined, expressing serious concern over the notification.

The Council highlighted three major risks:

Fair trial: Testifying from police stations, which are spaces controlled by the investigating agencies, may undermine the credibility and spontaneity of witness testimony.

Effective cross-examination: Lawyers may find it difficult to confront documents, observe body language, or test the witness's demeanour over video conference.

Judicial control: Shifting testimony outside the courtroom limits the presiding judge's control and increases the chances of procedural lapses.

The BCI also expressed displeasure at not being consulted before the notification was issued, despite being a statutory body under the Advocates Act, 1961.

“We are committed to technological progress, but such significant changes to criminal procedure should be made only after collaborative discussions involving the Bar, the Judiciary and other stakeholders,” the Council said, urging immediate withdrawal of the notification.

The BCI concluded by reiterating that police officials' evidence must be recorded only with their physical presence in court to safeguard the fairness of criminal trials.

The Supreme Court Bar Association, the Delhi High Court Bar Association, as well as the Coordination Committee of all District Courts Bar Associations of Delhi have protested against the move.

The notification, issued involving Section 265 of the BNSS, states that the 226 police stations in the national capital were “designated” as places from where the police officials can depose before the Courts through video-conferencing mechanism and present their evidence.

Second proviso to Section 265(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) allows witnesses to be examined by audio-video electronic means at a designated place notified by the State Government.

LG's notification can be read here

Click here to read the BCI's letter to the Delhi LG