Embracing Technology in Justice:  Online Hearings and Evidence Recording Deserve Support

With the enactment of the Bhartiya Nagarik Suraksha Sanhita (BNSS) in 2023, India has taken a decisive step toward modernizing its criminal justice system. Replacing the outdated Code of Criminal Procedure (CrPC), the BNSS introduces provisions that embrace digital tools to streamline legal processes and reduce unnecessary burdens on all stakeholders.

Yet, it is perplexing that a section of the legal fraternity in Delhi opposes the recent notification issuEmbracing Technology in Justice:  Online Hearings and Evidence Recording Deserve Supported by the Lieutenant Governor, which permits police personnel to record evidence and statements from designated locations within their respective police stations. This move aligns perfectly with the spirit and letter of the BNSS, which applies uniformly across the country—not just to Delhi.

Let us examine key provisions of the BNSS that underscore the legitimacy and utility of digital procedures:

  • Section 183(1): Magistrates may record confessions or statements via audio-video electronic means, in the presence of the accused’s advocate.
  • Section 176: In rape cases, victims may give their statements at a location of their choice, including their residence, using audio-video means—even mobile phones.
  • Section 180(3): Police officers are empowered to record witness statements electronically, ensuring each record is accurate and distinct.
  • Section 530: Trials, inquiries, and appellate proceedings may be conducted through electronic communication or audio-video platforms.

In an era where digital transformation is reshaping every sector—from education to governance—it is counterproductive to resist similar progress in the judiciary. The insistence on physical hearings and manual recording of evidence not only consumes valuable time and resources but also causes undue inconvenience to witnesses, especially police personnel who are often pulled away from critical duties.

What is even more surprising is the support extended by the Bar Associations of the High Court and the Supreme Court to the striking advocates. Rather than opposing technological integration, these bodies should champion it, guiding the legal community toward a more efficient, accessible, and transparent system.

The hybrid model of court functioning—combining physical and digital modes—is not a compromise; it is an evolution. It respects tradition while embracing innovation. Intellectuals and legal professionals alike must recognise their role in facilitating this transition, not obstructing it.

India’s justice system must march forward with the times. The tools are here. The law supports them. It’s time the mindset followed suit.

 

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