SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 58349

GOVERNMENT OF KERALA
The Registrar General – Appellant
Versus
The Registrar General – Respondent
G.O.(Ms)No.223/2025



The Electronic Audio-Video Linkage Rules (Kerala), 2025 provide a framework for conducting judicial proceedings via electronic means, ensuring procedural integrity and confidentiality while facilitating access and efficiency in the justice system.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 530 - Electronic Audio-Video Linkage Rules (Kerala), 2025 - Approved to facilitate the use of audio-video electronic means in judicial proceedings - Rules apply to High Court, District Courts, and various tribunals - All proceedings to be deemed judicial - Confidentiality and security measures mandated - Procedures for remote examination outlined. (Paras 1-17)

(B) Technological Implementation - Courts authorized to adapt and utilize electronic means for conducting trials, safeguarding rights, and ensuring participants' visibility and audibility. (Paras 3 and 12)

Facts of the case:
The Government of Kerala approved new rules aimed at consolidating the use of audio-video technology in trials and inquiries, allowing for digital examination and recording of evidence across various judicial platforms.

Findings of Court:
The new rules establish comprehensive protocols for conducting proceedings using electronic linkages, ensuring they maintain the same legal status as traditional court appearances.

Issues: The primary issues include the adequacy of technological provisions, the rights of participants, and procedural integrity in electronically conducted proceedings.

Ratio Decidendi: The court emphasized that proceedings under these rules must adhere to existing legal frameworks ensuring fairness, security, and confidentiality, maintaining the integrity of judicial processes.

Result: The Electronic Audio-Video Linkage Rules (Kerala), 2025 have been formally approved and enacted.

Judgement Key Points

How to approve and implement Electronic Audio-Video Linkage Rules (Kerala), 2025 for High Court and District Courts?

What is the framework for examination and recording of evidence via electronic audio-video linkage?

What are the obligations on parties and Co-ordinators to ensure confidentiality, security, and proper conduct during electronic proceedings?


Table of Content
1. approval of electronic audio-video linkage rules. (Para 1 , 3 , 4)
2. regulations on the conduct and security of electronic proceedings. (Para 5 , 6 , 9 , 10 , 11)
3. framework for examination and recording of evidence. (Para 7 , 8 , 12 , 14)
4. flexibility in rules for exceptional cases. (Para 15 , 16)
5. finalization and implementation of rules. (Para 18)

ORDER

Government, after having examined the draft notification forwarded by the Registrar General through the letter read above, are pleased to approve the Electronic Audio-Video Linkage Rules, (Kerala)2025.

The Registrar General, High Court of Kerala shall arrange to publish the notification appended herewith.

WHEREAS, it is considered expedient to consolidate, unify and streamline the procedures governing the use of audio-video electronic means in the conduct of trials, inquiries, and other proceedings.

WHEREAS Section 530 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (Act 46 of 2023) provides that all trials, inquires and proceedings under the said Sanhita, including the examination of complainant and witnesses, the recording of evidence in inquires and trials and all appellate proceedings or other proceeding, may be held in electronic mode by use of electronic communication or audio-video electronic means.

WHEREAS the recording of evidence through electronic means and the conduct of proceedings through audio-video conferencing are fully recognised in all civil, criminal, commercial and matrimonial proceedings before the High Court of Kerala and the District Judiciary in accordance with the extant Electronic Video Linkage Rules for Courts th (Kerala) 2021, notified on August 25 2021.

WHEREAS to avoid delay in proceedings arising from the non- availability of parties, advocates, witness it is considered expedient to formulate and enable the use of audio-video electronic means before Counsellors in Family Court, in Court annexed Alternative Dispute Resolution processes including Arbitration, Mediation, Pre-litigation Mediation, Lok Adalat, Departmental inquiry, as well as in proceedings conducted by the Legal Services institutions under the Legal Services Authorities Act , 1987 (Act 39 of 1987), and before such Tribunals as may be notified by the High Court in the State of Kerala and the Union Territory of Lakshadweep from time to time, and in such other proceedings as may be specified in the Rules.

In exercise of the powers conferred under Articles 225 and 227 of the Constitution of India, and all other enabling provisions of the Bharatiya Nagarik Suraksha Sanhita , 2023 (Act 46 of 2023) and in exercise of all other powers enabling it in this behalf, the High Court of Kerala, in supersession of the existing Rules on the subject, and with the previous approval of the Governor of Kerala conveyed in....... and that of the Administrator of the Union Territory of Lakshadweep conveyed in ......... hereby makes the following Rules.

ELECTRONIC AUDIO VIDEO LINKAGE RULES (KERALA), 2025 CHAPTER I PRELIMINARY 1 Short Title, Commencement and Applicability:

(1) These Rules shall be called "Electronic Audio-Video Linkage Rules (Kerala), 2025".

(2) They shall come into force on the date notified by the High Court of Kerala.

(3) These Rules shall apply to the High Court, Courts in the District Judiciary in the State of Kerala and the Union Territory of Lakshadweep and proceedings before the Commissioners appointed to record evidence by such Court.

(4) In the absence of any applicable rules, these Rules shall also apply to proceedings before Counsellors in the Family Court, Court annexed Alternative Dispute Resolution including Arbitration, Mediation, Pre- litigation Mediation, Lok Adalat, Departmental inquiry, proceedings conducted by the Legal Services institutions under the Legal Services Authorities Act , 1987 (Act 39 of 1987), proceedings before the Tribunals notified by the High Court in the State of Kerala and the Union Territory of Lakshadweep from time to time and to su

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top