On 25-8-2025, the Bar Council of India formally requested the Lieutenant Governor, Government of NCT of Delhi to withdraw its notification dated 13-8-2025 vide which he allowed the Police Stations of Delhi to be the designated places for recording of evidence of the police officials through Video Conferencing. The notification dated 13-8-2025 came into force on 13-8-2025.
Concerns of the Bar Council of India:
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Fair Trial:
It was pointed out that there will be no fairness in trial if a witness testifies from a police station, a space controlled by the department investigating that case as this might affect the credibility and spontaneity of the testimony.
Hence, part of the fairness is the physical presence of a witness in a Court.
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Effective Cross examination:
It will be difficult to properly question the witness, identify and confront documents, note the witness’s expressions and body language if the evidence is over a video conference.
This step is vital for uncovering the truth and recording of evidence via Video Conferencing will hamper this.
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Lack of Judicial Control:
If the testimony is taken outside the courtroom, it will diminish the Judge’s control over the proceedings and will create a risk of procedural mistakes.
Further, the Bar Council of India showed disappointment as it was concerned before the Lieutenant Governor, Delhi issued the notification dated 13-8-2025.
The Bar Counsil of India also said that such significant changes to the criminal procedure should only be made after a collaborative discussion involving the Bar, the Judiciary, and other key stakeholders.
The Bar Council of India agreed that they recognize the importance of expeditious trials and benefits of technology in alleviating the burden on law enforcement but implementing this measure would compromise the rights of the accused and will also compromise the integrity of trial proceedings. Hence, the recording of evidence should be done only in the Court in the physical presence of the witness.
