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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS
Rameshan, S/O Chellappan Achari – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
Yes, based on the provided legal document, the court has explicitly permitted the use of technology, specifically electronic video linkage, for recording answers and conducting certain procedural aspects in criminal cases. The court emphasized that such technological integration aligns with modern judicial needs, enhances accessibility, and maintains procedural fairness. It clarified that a petitioner, who is employed abroad and granted exemption from personal appearance, can answer questions via electronic video linkage, provided certain procedural safeguards are followed, including submitting a duly signed application with a digital signature and an affidavit explaining the difficulties faced in physical presence (!) (!) . The court also highlighted that this approach does not violate legislative intent and is consistent with the evolving landscape of judicial procedures, especially in the context of digital transformation and accessibility in justice delivery (!) (!) (!) (!) (!) .
| Table of Content |
|---|
| 1. accused charge sheeted under kerala abkari act. (Para 1) |
| 2. counsel sought to answer questions on behalf of the absent petitioner. (Para 2 , 3) |
| 3. bnss allows for written statements in judicial procedures. (Para 4 , 5) |
| 4. digital transformation in justice ensures access and efficiency. (Para 8 , 9) |
| 5. video conferencing enhances procedural effectiveness. (Para 11 , 12 , 13) |
| 6. court allows electronic answers from the petitioner. (Para 14) |
ORDER :
The petitioner, the 2nd accused in S.C.No.1297 of 2020 on the file of the Assistant Sessions Judge, Punalur (Trial Court), arising from Crime No.83 of 2017 registered by the Pathanapuram Excise Range, Kollam, stands charge sheeted for committing the offence punishable under Section 55(g) of the Kerala Abkari Act . The prosecution evidence has been completed and the case is now posted for questioning the accused under Section 351 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (‘BNSS’, for brevity, corresponding to Section 313 of the Code of Criminal Procedure). The Petitioner, who has been granted permanent exemption from personal appearance before the Trial Court, is currently employed abroad. In view of his inability to get
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