USE OF MODERN TECHNOLOGY (VC) FOR DEPOSITIONS

The advent of modern technology has assumed a lot of importance in courts today. With the courts becoming increasingly aware of the importance of using such technologies combined with their inherent need for justice as the most important attribute, they have come to the realization that modern technology plays an important part in aiding the process of dispensation of justice.The coronavirus pandemic has led to an even greater emphasis on the use of technology in courts. Virtual hearings, remote depositions and video conferencing are being used extensively in today’s environment.

The use of video conferencing has been heralded especially as a major milestone in the use of modern technology in courts.A major breakthrough in the use of video-conferencing in the Indian courts was seen in 2003 when the Apex Court in the case of Dr. Praful B. Desai v. State of Maharashtra [1994 SCC Online 859] held that recording of evidence in a criminal case by way of video conferencing is permissible so long as the accused and/or his pleader is present at the time of recording of such evidence. The court further laid down certain guidelines and conditions for the recording of evidence through video conferencing.

The same technology is also being used in civil matters. In the case of Twentieth Century Fox Film Corp. v. NRI Film Production Associates (P) Ltd. 2003 (3) ILD-505 (Karnataka), it was held that when Order 18 Rule 4 of the Code of Civil Procedure contemplates the presence of a witness in attendance, it need not necessarily be physical presence and recording evidence through audio-video link is permissible.

The court specified various safeguards which must be met while recording such evidence.Moreover, in the year 2018, the Delhi High Court in International Planned Parenthood Federation (IPPF) v. Madhu Bala Nath [2018 SCC Online 345] observed that, Courts must be liberal and pragmatic in allowing the witnesses to depose through Video conferencing. Court should make use of modern technology so as to further the process of dispensation of justice.The use of modern technology has become even more widespread and important post the Covid-19 pandemic.

The Madhya Pradesh High Court in Shanti Devi Agarwal v. V.H. Lulla [2003 SCC Online 378] observed that a power of attorney holder can be a competent witness on behalf of a party before a judicial tribunal or authority so long as he stands to be a competent witness as per Section 118 of the Evidence Act, and that the provisions of the Power of Attorney Act, 1882 cannot override a specific statute which requires that a particular act should be done by a party in person. The court further held that the use of virtual hearings through the internet are permissible in circumstances where one of the parties is physically disabled, as witnessed in the case of S. Umadevi v. Dr. M. Saravanan [2020 SCC Online 16981].

Consequently, in light of the various precedents and developments, it is evident that the use of modern technology is a viable and important supplement to the process of dispensation of justice, aiding the courts in reaching a decision which is most just.

[Kunal Sinha is an accomplished Indian lawyer who specializes in Civil/Commercial litigation. He is currently practising at the Supreme Court of India and the High Court of Delhi. Through his experience and professional acumen, he has been able to provide solutions to complex legal issues empowering clients to maximize their potential. Mr. Sinha is reachable through his email address – kunaldev@gmail.com and chambers.sinha@gmail.com and his phone number –+ 91 8287409593.]