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Cha.1 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 ofKerala.

(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 toproceedings before Counsellors in the Family Court, Court annexed Alternative Dispute Resolution including Arbitration, Mediation, Prelitigation 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 Un

Cha.2 CHAPTER II GENERAL PRINCIPLES

(1) All proceedings before the High Court, Court or any Forum and allstages of judicial or other proceedings, where any person is required to appear or to be present, may be conducted through audio-video electronic means, including video conferencing and live link facilities, and these Rules shall be applicable to such proceedings.

(2) All proceedings conducted through audio-video electronic means, including electronic audio-video linkage and live link facilities, shall be deemed to be judicial proceedings, and all the courtesies and protocols applicable shall apply to such proceedings. The protocols mandated in Schedule I of these Rules shall be adhered to in all such proceedings.

(3) All relevant statutory provisions applicable to judicial proceedings,including the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Contempt of Courts Act, 1971 (Act 70 of 1971), Information Technolog

Cha.3 CHAPTER III GENERAL PROCEDURES

(1) Any party to the proceedings or the Advocate of the party or Required Person or the Advocate of the Required Person, save and except where the proceedings through electronic audio video linkage are initiated at the instance of the Court, may move an application in the form prescribed in Schedule II of these Rules.

(2) In proceedings before the Family Court, electronic audio-video linkage shall be allowed only after completing the counselling. When either of the parties is not able to attend the counselling in person, the Family Court may, for reasons to be recorded in writing, allow the counselling to be done through electronic audio-video linkage.

(3) The form for the request shall be served on the opposite party or parties to the proceedings, except where it is not possible for valid reasons.

(4) On receipt of the application and upon hearing all parties concerned,the High Court, Court or Forum, shall pass an order after ascertaining that the a

Cha.4 CHAPTER IV MISCELLANEOUS

(1) When the High Court is satisfied that the operation of any Rule causes undue hardship, it may order to dispense with or relax the requirements of that Rule to such extent and subject to such conditions, if any, as are necessary to deal with the case in a just and equitable manner.

(2) The High Court may also, from time to time, issue practice directionsunder these Rules, and the said directions shall be effective from the dates as may be notified.

(1) Matters with respect to which no express provision has been made in these Rules shall be decided by the High Court, Court or Forum, consistent with the principle of furthering the interest of justice.

(1) The Electronic Video Linkage Rules for Courts (Kerala) 2021 is hereby repealed.

(2) Notwithstanding such repeal, anything done, any action taken, anyproceeding commenced, and any nomination, authorisation, or order made or issued under the repealed Rules, shall, insofar as it is not inconsistent with t

Sch.1 SCHEDULE I

1. Advocates participating in the proceedings shall wear attire as prescribed by the Bar Council of India under the Advocates' Act 1961 (Act 25 of 1961). Police officers and other uniformed officers shall appear in the uniform as prescribed for them under the relevant statutes or orders. The attire of the Presiding Officers and the Court Staff shall be as prescribed by the High Court under the relevant Act, Rules and Orders. All other persons shall wear sober attire consistent with the dignity of the proceedings.

2. Proceedings shall be conducted as far as possible at the scheduled timeby the courts concerned.

3. As directed by the court concerned, the cases shall be called out andthe appearance of persons recorded.

4. Every participant shall adhere to the courtesies and protocols as arefollowed in the physical courts.

5. The participants in the proceedings shall keep their microphones muted till such time as they are called upon to make their

Sch.2 SCHEDULE II

1.Number of the Case with Year:

2.Name of the Court:

3. Cause title/Name of parties to the proceedings; 4.Proposed Date of Video Conference [DD/MM/YYYY]:

5. Location of the Court Point(s):

6. Location of the Remote Point(s):

7. Name, Designation, Address of the Participants at the Remote Point:

8. Stage of the Case:

9. Reasons for the Electronic Audio-Video Linkage:

10. Any other matter to be stated: I have read and understood the provisions of the Electronic Audio-Video Linkage Rules (Kerala), 2025. I undertake to remain bound by the same to the extent applicable to me. I agree to pay the costs as mentioned in Rule 11 of the Rules or as directed by the Court.

Date: Name and Signature of the Applicant For the use of the Registry/Court Point Co-ordinator

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Legal Commentary on ELECTRONIC AUDIO VIDEO LINKAGE RULES (KERALA) 2025, Section: Sh.2

Introduction

The Electronic Audio Video Linkage Rules (Kerala) 2025 aim to regulate the use of audio-visual electronic means in judicial proceedings, enhancing accessibility, efficiency, and transparency. Section Sh.2 specifically pertains to procedural provisions related to the conduct of proceedings through electronic linkage, including witness examination and court hearings.

What does Section Says

Section Sh.2 emphasizes the legal framework for utilizing audio-video electronic linkage for various judicial processes, including witness examination, court hearings, and other proceedings. It underlines that such proceedings are deemed as judicial and must adhere to established protocols, with provisions for special circumstances such as genuine inability to attend physically.

Essential ingredients

• Authorization for use of audio-video electronic means at all stages of proceedings.
• Deeming proceedings conducted via electronic linkage as judicial proceedings.
• Requirement of proper arrangements, including technical infrastructure and security.
• Provision for exemption or special authorization in genuine cases, such as illness or undue delay.
• Necessity of appointing coordinators at remote points, especially for overseas witnesses.
• Procedures for recording, storing, and securing electronic evidence, including signatures and hash verification.
• Safeguards for privacy, confidentiality, and protection of witnesses and parties.
• Clear delineation of responsibilities of courts, officers, and parties for effective implementation.

Scope of Section

• Applicable to all stages of civil, criminal, and other proceedings under any law in force.
• Extends to domestic and international witnesses, including overseas locations.
• Encompasses recording of evidence, cross-examination, exhibits, and other procedural acts.
• Covers use in special laws, including family courts, tribunals, and other quasi-judicial bodies.
• Provides flexibility for genuine exemptions, emergencies, or technical failures.

Punishment for Section

The Rules do not specify direct penal sanctions for non-compliance. However, violations such as unauthorized recording, tampering, or breach of security protocols may attract disciplinary or legal action under relevant laws, including contempt or criminal proceedings for misconduct or breach of confidentiality.

Legal Comments

• Legal Validity - The Rules are framed under the powers conferred by the Courts and are consistent with the overarching legal framework, including the Cr.P.C. and Evidence Act [Electronic Video Linkage Rules (Kerala) 2021].
• Procedural Enhancement - Section Sh.2 facilitates the modernization of judicial proceedings, aligning with constitutional mandates for access to justice and efficiency [Articles 14, 21 of the Constitution of India].
• Admissibility of Electronic Evidence - Recording evidence via audio-video electronic means, when done as per Rules, is admissible and carries evidentiary value, provided proper certification under Section 65B of the Evidence Act is obtained [Section 65B, Indian Evidence Act, 1872].
• Safeguards for Witness Protection - The Rules emphasize measures for protecting witnesses’ privacy and security, especially for vulnerable witnesses such as minors or victims of sexual offences [Rules 8(17), 8(18)].
• Appreciation of Demeanor - Video-recorded evidence allows courts to observe the demeanor of witnesses, aiding in assessing credibility and truthfulness, thus improving trial quality [Supreme Court directions, Suo Motu Writ].
• Technological Reliability - Proper verification protocols, hash verification, and secure storage are mandated to prevent tampering and ensure integrity of electronic evidence [Rules 8(17), 8(18)].
• Access and Fairness - The Rules ensure that parties, including accused and victims, have equitable access to proceedings and evidence, subject to court discretion and security considerations [Rule 8(16), 8(19)].
• Implementation Challenges - While Rules promote technological adoption, practical issues such as infrastructure gaps, technical failures, and training must be addressed to realize full benefits [Judicial Circulars, Kerala Judicial Academy].
• Genuine Exemptions - The Rules recognize circumstances such as illness or undue hardship, allowing courts to exempt or modify procedures, maintaining procedural fairness [Rule 8(23)].
• International and Overseas Witnesses - Special provisions facilitate the examination of overseas witnesses via secure video links, reducing delays and logistical constraints [Rule 8(23)].
• Procedure for Exhibits and Documents - The Rules prescribe methods for exhibiting documents or objects during remote proceedings, including electronic transmission and physical dispatch [Rule 9].
• Training and Capacity Building - The Rules underscore the importance of training judicial officers, court staff, and litigants in the use of electronic linkage technology for effective proceedings [Kerala Judicial Academy Circulars].
• Legal Recognition - Courts have consistently upheld the legality of proceedings conducted via video linkage, provided procedural safeguards are observed [Kerala High Court judgments].
• Natural Justice and Fair Trial - The Rules incorporate safeguards to ensure that video proceedings do not infringe upon principles of natural justice, including the right to cross-examine and be represented [Supreme Court directions].
• Data Security and Confidentiality - The Rules mandate encryption, password protection, and limited access to electronic records to prevent misuse or unauthorized disclosure [Rules 8(18)].
• Public and Party Confidence - Proper implementation of these Rules enhances public confidence in the justice system by demonstrating transparency and accountability [Judicial Review Reports].

In summary:

• "Legal Validity" - The Rules derive authority from statutory powers, aligning with constitutional principles [Electronic Video Linkage Rules (Kerala) 2021].
• "Procedural Modernization" - They enable secure, efficient, and transparent remote proceedings, including witness examination and evidence recording [Section Sh.2].
• "Admissibility & Evidence" - Audio-video recordings, if properly certified, are admissible and enhance trial integrity [Section 65B, Evidence Act].
• "Witness Protection & Privacy" - Emphasizes safeguarding witnesses’ identities and security during remote proceedings [Rules 8(17), 8(18)].
• "Observational Benefits" - Facilitates assessment of witness demeanor, aiding credibility judgments [Supreme Court directions].
• "Implementation & Challenges" - Infrastructure, training, and security protocols are critical for effective deployment [Kerala Judicial Academy Circulars].
• "Genuine Exemptions" - Courts can exempt proceedings in genuine cases, ensuring fairness [Rule 8(23)].
• "Overseas Witnesses" - Special provisions for remote examination of overseas witnesses reduce delays [Rule 8(23)].
• "Exhibit & Management" - Electronic transmission and physical dispatch protocols ensure integrity [Rule 9].
• "Legal & Constitutional Principles" - The Rules uphold rights under Articles 14 and 21, promoting access and fairness [Constitution of India].
• "Data Security" - Encryption and restricted access preserve confidentiality [Rules 8(18)].
• "Public Confidence" - Transparent and well-regulated procedures foster trust in judicial processes [Judicial Reports].

• Rules 8(17), 8(18), 8(23), 8(24), 8(25), 8(16) of Kerala Electronic Video Linkage Rules, 2021.
• Supreme Court directions on electronic evidence and witness examination.
• Articles 14, 21 of the Constitution of India.
• Evidence Act, 1872, Section 65B.
• Kerala Judicial Academy Circulars and official notifications.
• Judicial precedents affirming legality and efficacy of video link proceedings.

This concise legal commentary synthesizes the provisions, scope, and judicial perspectives on the Electronic Audio Video Linkage Rules (Kerala) 2025, Section Sh.2, highlighting the progressive legal framework for modern, accessible, and fair justice delivery.