Govt order on giving evidence in courts through audio-video means

Chief Secretary Anurag Rastogi has issued comprehensive instructions directing public servants working in the state to utilise ‘audio-video electronic means’ for tendering evidence and appearing as witnesses in court proceedings.

The directives align with the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which facilitates the examination of witnesses and the appearance of individuals in courts through modern audio-video technology.

To ensure effective implementation of this technology-driven initiative, Rastogi outlined several directives.

In a letter to all Administrative Secretaries, heads of department, Managing Directors, and Chief Administrators of boards and corporations, the Chief Secretary said any laxity or non-compliance would be dealt with seriously.

All dealing officers and officials of the government are responsible for ensuring that their evidence or examination as witnesses in their official capacity is conducted through audio-video electronic means. Officers must coordinate proactively with the court officer managing the video conferencing facility or the Public Prosecutor concerned to ensure smooth execution of their testimony.

If a court mandates the physical presence of a government officer or official for tendering evidence, the individual must seek prior permission from their head of office, providing reasons for such an appearance.

The head of office must assess the necessity of physical attendance and ensure permissions are not granted routinely or mechanically. Unauthorised physical appearances without approval will result in the denial of travel and dearness allowances, and may invite disciplinary action.

Under Section 336, BNSS, if a document or report prepared by a public servant is to be used as evidence, the successor officer holding the same post at the time of deposition may tender evidence on behalf of the original officer, if directed by the court. This, too, can be done via audio-video electronic means.