Hyderabad: The judiciary feels that video recording of proceedings will en-sure accuracy. Video recordings, which can be easily preserved, will help the judge form a better view of the witness by observing the demeanour, voice inflections, body language and other emotions which are not apparent from the written record. It would lead to better appreciation in evidence for a rational conclusion.
The recordings would help the judge re-examine later the demeanour of the witness while they were giving evidence, by replaying it. The judge can even focus on a close-up of the witness’s face in order to better observe facial expressions. These can be replayed with ease.
The courts also felt that video recording almost eliminates the possibility of loss of material recorded.
In Suvarna Rahul Musale v Rahul Prabhakar Musale, the Bombay High Court allowed the plea of the plaintiff to depose using video conference as the witness was staying in the UK with her minor children and was unable to come to India.
In Amitabh Bagchi v Ena Bagchi, the Calcutta High Court held there is no bar on examination of witness by way of video conferencing; this was an essential part of the electronic method given an amendment and insertion of Sections 65A and 65B of the Evidence Act, a special provision governning evidence relating to electronic record and admissibility of electronic records, introduced on October 17, 2000.
The courts were of the opinion that video conferencing was not only cheaper but it also helped avoid delay in justice delivery.
So far the Supreme Court, the high courts of Hyderabad, Delhi, Madras, Calcutta and Karnataka have appro-ved online examination of witnesses in civil and criminal cases.
The Supreme Court in a case with reference to the chances of witness abusing the trial judge during video conferencing observed that as a matter of prudence, evidence by video-conferencing in open court should be accepted only if the witness is in a country which has an extradition treaty and under whose laws contempt of court and perjury are punishable.
