VC as New Criminal Law`s
1. All trial, inquires and proceedings to be held in electronic mode
BNSS Sec 530 - Trial and proceedings to be held in electronic mode. All trials, inquires and proceedings under this Sanhita, including—
- issuance, service and execution of summons and warrant;
- examination of complainant and witnesses;
- recording of evidence in inquiries and trials; and
- all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.
Core Stakeholders |
CCTNS, e-Forensics, e-Prosecution, e-Courts, e-Prisons |
Other Stakeholders
|
Accused, Victim, Witness |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
2. Appearance of person through audio-video means/ trial in absence of accused
BNSS Sec 154 Person to whom order is addressed to obey or show cause.- The person against whom such order (public nuisance) is made shall—
- perform, within the time and in the manner specified in the order, the act directed thereby; or
- appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing
Sec 355 - Provision for inquiries and trial being held in absence of accused in certain cases.
Explanation. —For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means…
Core Stakeholders |
e-Courts, e-Prosecution |
Other Stakeholders
|
Accused |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
3. Production of accused in judicial custody
BNSS Sec 187- Procedure when investigation cannot be completed in twenty-four… (4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means.
Core Stakeholders |
e-Courts, e-Prosecution |
Other Stakeholders
|
Accused |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
4. Reading over of charges to accused
BNSS Sec 251- Framing of charges …(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Core Stakeholders |
e-Courts, e-Prosecution |
Other Stakeholders
|
Accused |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
5. Evidence of a witness
BNSS Sec 254- Evidence for prosecution.
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means... (framing of charges;trial before sessions court)
BNSS Sec 265- Evidence for Prosecution.
… Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. (Trial of warrant)
BNSS Sec 266- Evidence of Defence.
…Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.
BNSS Sec 310- Record in warrant-cases.
…Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.
BNSS Sec 356- Inquiry, trial or judgment in absentia of proclaimed offender.
… (5) Where a trial is related to a person under this section, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct.
Core Stakeholders |
e-Courts, e-Prosecution |
Other Stakeholders
|
Accused |
Legal Mandate |
Optional |
Hardware Requirement |
VC System/ Mobile Phone |
6. Deposition of evidence of any police officer or public servant
BNSS Sec 254- Evidence for prosecution.
(2) The deposition of evidence of any public servant may be taken through audio-video electronic means
Core Stakeholders |
e-Courts |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
7. Discharge of accused
BNSS Sec 262- When accused shall be discharged.
(1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230.
(2) If, upon considering the police report and the documents sent with it under section 193 and making such examination, if any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
Core Stakeholders |
e-Courts, e-Prosecution |
Other Stakeholders
|
Accused |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
8. Examination of the accused in custody
BNSS Sec 316- Record of examination of accused.
…Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination.
Core Stakeholders |
e-Courts, e-Prosecution, e-Prisons |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
9. Evidence of public servants, experts, police officers in certain cases
BNSS Sec 336- Evidence of public servants, experts, police officers in certain cases.
Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and—
.. Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means.
Core Stakeholders |
CCTNS, e-Forensics, e-Courts, e-Prosecution |
Other Stakeholders
|
Accused |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
10. Hearing of judgement by accused when he is in custody
BNSS Sec 392- Judgement
… (5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means.
Core Stakeholders |
e-Courts, e-Prison |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |
11. Evidence to be taken in presence of accused
BNSS Sec 308- Evidence to be taken in presence of accused.
Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government.
Core Stakeholders |
e-Courts, e-Prison |
Legal Mandate |
Optional |
Hardware Requirement |
VC System |