HC directs increased use of video conferencing for production of accused in custody

Dehradun: Uttarakhand high court has directed all district and sessions judges, as well as principal judges and judges of family courts across the state, to maximise the use of video-conferencing facilities for the production and participation of accused persons in custody.

In a communication issued by the registrar general, the court emphasised that subordinate courts should adopt video conferencing as the default mode for custody-related appearances, particularly on dates when the physical presence of an accused is not essential.

Referring to directions issued by the Supreme Court, the circular stated that prisoners should be produced before courts through video conferencing from jail premises on “non-effective” dates -- hearings where their physical presence is not required, such as when witnesses are not being examined. The move, it said, would help balance manpower requirements with security concerns.

The registrar general also noted that the High Court of Uttarakhand Electronic Communication and Audio-Video Electronic Means (Nyay Shruti) Rules, 2025, have been notified, incorporating provisions of the BNSS 2023 to facilitate video-conferencing-based hearings.

The circular highlighted key BNSS provisions: under section 187, an accused in judicial custody may be produced through video conferencing except for the first appearance, which requires physical presence; under section 308, the accused may be present physically or virtually during the recording of evidence; under section 316, an accused in custody may be examined electronically, with signature verification to be completed within 72 hours and under section 392, an accused may hear the pronouncement of judgment through video conferencing.

The court has asked all recipient authorities to ensure strict compliance with these directions by courts under their jurisdiction.