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Owing to the global pandemic due to COVID-19 whole world is shifting to working online from home. This has led to various reforms and changes in the way or system of working of companies and institutions. The legal fraternity and all the courts from the district to sessions to supreme has also made a shift to web legal proceedings or virtual courts. The UK also passed a coronavirus act 2020 which lists the functioning of courts through video conferencing by amending certain statutes. Similar mechanisms have been adopted in Singapore, U.S.A and Canada.

In March 2020 when the lockdown was imposed all over India, it was realized that putting justice on hold was not an option, therefore, the chief justice of India (CJI) Mr Sharad Bobde took a monumental decision to hold the proceedings online through virtual courts. Though there were a lot of roadblocks in the starting, many technical glitches arose and it was a major task for the technologically handicapped people to understand the slightly complicated mechanisms of the functioning of these virtual courts but with time the process is starting to smoothen. In the beginning, anyone could be a part of the hearing by logging in if they got their hands on the ID password but with time it was changed and now is restricted to only limited parties.

Even though the virtual courts cannot replace the actual courts, they can try and fill the gap created in serving justice due to the COVID-19 crisis. The supreme court held its first online hearing on 27 March 2020 using the ‘Vidyo’ app. The SC has also allowed the lawyers to file cases 24X7 and also view the court proceedings through the smart TVs in the press rooms of court complexes. 

The supreme court has issued some guidelines to steer the conduct of online pleadings. Firstly, all the high courts are ordered to function through the mode of video conferencing (VC) keeping in mind the relevant factors and peculiarities of the judicial system in every state. Secondly, all the district courts are directed to follow the VC technology provided by the respective high courts. Thirdly, all the courts are ordered to make VC facilities available for those who can not afford them which including the appointment of ‘amicus curiae’ and also providing for the VC facilities to these advocates. And finally, it is laid that these guidelines have to be followed until the respective HCs frame rules in this regard. VC technologies are used for hearing arguments at trial and appellate stages but the recording of evidence is not allowed without the parties’ mutual consent.

Though the supreme court has usually been averse to the idea of online proceedings before the global pandemic. There are many examples proving the same, one of the many comes from Bangalore in 2016 where a woman was found clicking pictures inside a courtroom and was heavily fined for doing so. Swapnil Tripathi a student of NLU jodhpur filed a petition in the court for the live streaming of supreme court cases and in the judgement, for the same, the court laid out that it is ‘open to exploring the possibility of live streaming’ following various conditions under which it will be done.

The constitution of India along with many other legislations have provisions regarding the live streaming of hearings and related accounts. Article 154(4) of the constitution of India states that all the orders should be pronounced in open courts and section 153(b) of CPC and section 327 of CrPC also implies that the court hearings should be accessible to one and all. Article 130 of the Indian constitution bestows the CJI with the power to establish benches of the supreme court with the consent of the president of India this could be used as a provision for permanently providing the option to plead in the supreme court through virtual mechanisms.

Turning to web pleadings permanently can prove out to be very beneficial for Indian judiciary because it will help put to end many problems such as delay in justice, travelling expenses, maintenance of records etc. even though the online procedure has many advantages. It is still  not in its perfect forms and has shortcomings such as:

1. Ability to attain Justice:

Many people argue that the remote version of court proceedings would enable a better justice because the reach would be more with the help of the internet. But a sudden shift to the Remote system as various withdrawals such as availability of good network and access to internet and regional places do lack them.

2. The appearance of witnesses and Improper display of evidence:

A witness would be better evaluated in the physical court presence rather than a simple remote audio-visual presence as the behaviour of the witness would be better judged in the physical courtroom by observing the behaviour and better cross-examination can proceed in the physical presence and if any faults can be observed and noted much efficiently. Recording of testimonies and providing pieces of evidence would be a difficult job through the video conferencing as the witness would testify from the most comfortable environment.

3. Demeaning the punishment under Criminal law:

Due to remote proceedings, a communication gap would take place which would lack the focus on expressing the severity of the crime and the focus would be shifted from nature and types of crime to criminalize any conduct or action. Therefore, broadly, the deterrence, retribution, incapacitation and rehabilitation theories of punishment play a pivotal role in imposing a criminal sanction.

4. Forging of Identity by the representatives:

As per the standard procedure, every individual identified themselves in the court before the council, but as the proceedings move online the problem of lack of identification and forging a person’s identity by either party would increase Hence another person would represent in the conference by forging the Identity

WEBLIOGRAPHY

• India: virtual courts in India. (2020, May 14). Retrieved from https://www.mondaq.com/india/technology/933784/virtual-courts-in-india

• Justice online: pandemic gives India’s judiciary an opportunity it shouldn’t miss. (2020, May 18). Retrieved from https://indianexpress.com/article/opinion/covid-19-pandemic-virtual-courts-indian-judiciary-6416212/

Virtual courts: a sustainable option?. (2020, April 12). Retrieved from https://www.barandbench.com/columns/virtual-courts-a-sustainable-option