Electronic Video Linkage Rules for Courts (Kerala) 2021
NOTIFICATION
In exercise of the powers conferred under Article 225 and Article 227 of the Constitution of India and all other powers enabling it in this behalf and after obtaining previous approval of the Governor of Kerala conveyed in G.O. (Rt) No. 2149/2021/Home dated 03/08/2021, the High Court of Kerala hereby makes the following Rules,
CHAPTER I
PRELIMINARY
Read full Act
(1) These Rules shall be called Electronic Video Linkage Rules for Courts (Kerala) 2021.
(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, Subordinate Courts and Commissioners appointed to record evidence and to an officer appointed to conduct an inquiry. These Rules shall also apply to such other proceedings as are mentioned in the Rules.
(4) These Rules shall also apply to Tribunals which shall be notified by the High Court from time to time.
Section 1 of the Electronic Video Linkage Rules for Courts (Kerala), 2021, establishes the title, scope, and commencement of the rules governing the use of electronic video linkage in judicial proceedings within Kerala. It provides the foundational framework for implementing remote communication facilities in courts, aligning with constitutional and legal mandates.
Section 1 defines the short title as "Electronic Video Linkage Rules for Courts (Kerala), 2021," specifies that these rules come into force on a date notified by the High Court, and clarifies their applicability across all stages of judicial proceedings, including special laws. It sets the legal basis for the use of electronic video linkage tools in courts.
This concise legal commentary underscores the foundational role of Section 1 in establishing the legal and procedural framework for electronic video linkage in Kerala courts, promoting efficiency, modernization, and adherence to constitutional mandates.
In the construction of these rules the following terms (unless the context or subject-matter otherwise requires) shall have the respective meanings hereinafter assigned to them:
(a) “Advocate” means an advocate entered in any roll under the provisions of the Advocates Act, 1961 (Act 25 of 1961) and shall also include Government Pleaders/Advocates and officers of the prosecuting agencies.
(b) “Commissioner” means a person appointed as a Commissioner under the provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908) or the Code of Criminal Procedure, 1973 (Act 2 of 1974), or any other law for the time being in force.
(c) “Co-ordinator” means a person nominated as Co-ordinator under Rule 5 of the Rules.
(d) “Court” means a Physical Court; Virtual Court or Tribunal.
(e) “Court Point” means the courtroom or other place where the Court sits or the place where the Commissioner or an inquiring officer holds proceedings pursuant to the di
(1) Electronic Video Linkage facilities may be used at all stages of judicial proceedings or under any other special law for the time being in force, and also to such other proceedings which are conducted by the Court.
(2) All proceedings conducted in a Court by way of Electronic Video Linkage shall be deemed to be judicial proceedings and all the courtesies and protocols applicable to a Court shall apply to these virtual proceedings. The protocol provided in Schedule I of these Rules shall be adhered to, for the conduct of the proceedings under these Rules.
(3) All relevant statutory provisions applicable to judicial proceedings including the provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908), Code of Criminal Procedure, 1973 (Act 2 of 1974), Indian Evidence Act, 1872 (Act 1 of 1872), Information Technology Act, 2000 (Act 21 of 2000), Criminal Rules of Practice, Kerala, Civil Rules of Practice, Kerala and Rules of the High Court of Kerala, 197
As far as possible, the following facilities may ‘be provided for conducting the proceedings at the Court Point and the Remote Point:
(i) Desktop Computer or Laptop Computer or Mobile Device with internet connectivity and printer;
(ii) Device for ensuring uninterrupted power supply;
(iii) Camera;
(iv) Microphones, Speakers, Headphones and Earphones;
(v) Display Unit;
(vi) Document Visualizer,
(vii) Provision of a firewall;
(viii) Adequate seating arrangements ensuring privacy;
(ix) Adequate lighting; and
(x) Availability of a quiet and secure area.
(1) There shall be Co-ordinators both at the Court Point and the Remote Point. However a Co-ordinator may be required at the Remote Point only when a witness or a person accused of an offence is to be examined.
(2) In the Subordinate Courts persons nominated by the High Court or the concerned District Judge shall perform the functions of the Co-ordinator at the Court Point as well as the Remote Point as mentioned in sub-rule (4).
(3) In the High Court, the Registrar (Recruitment & Computerisation) or any other person authorised by the Chief Justice, shall be the Co-ordinator at the Court Point.
(4) The Co-ordinator at the Remote Point may be one among the following:
| Where the Advocate or Required Person is at the following Remote Points |
(1) Any party to the proceedings or witness, save and except where the Electronic Video Linkage proceedings are initiated at the instance of the Court, may move an application in the form prescribed in Schedule IT.
(2) In proceedings before the Family Court, Electronic Video Linkage shall be allowed only after completing the reconciliation process subject to the condition that both the parties file consent memorandum for Electronic Video Linkage. When either of the party is not able to attend the reconciliation process in person, the Family Court may for reasons to be recorded in writing, allow the reconciliation process to be done through Electronic Video Linkage.
(3) The form for 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 concerned parties, the Court shall pass an order after ascertaining that the application i
(1) When summons is issued to a witness, proposed to be examined or heard through Electronic Video Linkage, the summons shall specifically mention the date, time and venue of the concerned Remote Point and shall also direct the witness to attend in person along with proof of identity or an affidavit to that effect as mentioned in sub-rule (5) of Rule 8. The existing rules regarding service of summons and the consequence for non-attendance, as provided in the Code of Civil Procedure, 1908 (Act 5 of 1908), Code of Criminal Procedure, 1973 (Act 2 of 1974), Civil Rules of Practice, Kerala and Criminal Rules of Practice, Kerala shall apply with respect to service of summons for proceedings conducted by Electronic Video Linkage.
(2) When such a witness is also required to produce a document, it shall be sufficient compliance of the direction if he produces it in the Remote Point at the time fixed for examination, along with an authenticated copy. The document so produce
(1) In civil cases, the party requesting for recording statement of a person through Electronic Video Linkage, shall inform the Court the location of the person, the time, place and the availability of the technical facilities and his willingness to be examined through Electronic Video Linkage.
(2) In criminal cases, where the person to be examined is a prosecution witness or court witness, the prosecution and where the person to be examined is a defence witness the defence counsel, will inform the Court, location of the person, time, place and the availability of the technical facilities.
(3) Where the person to be examined is an accused, the prosecution shall confirm the location of the accused at the Remote Point.
(4) When the accused person is in custody and not present at the Court Point, the Court shall order a multi-point Video Linkage between the Court, the witness and the accused person in order to facilitate the recording of the statement o
(1) If in the course of examination of a Required Person or Accused at a Remote Point through Electronic Video Linkage, it is necessary to show a document or object to him, the Court may permit the same to be shown in the following manner:
(a) If the document or the object is at the Court Point it can be shown by zooming the camera to the document or to the object or by electronically transmitting the scanned image to the remote centre including through a document visualizer and the copy so transmitted be shown to the Required Person or Accused.
(b) If the document is at the Remote Point, by putting it to the person being examined and transmitting a copy of it to the Court Point electronically including through a document visualizer. The hard copy of the document should also be sent subsequently by the Co-ordinator at the Remote Point to the Court Point along with other documents, if any, preferably within three days by authorised courier service or by regi
(1) The Advocate or Required Person shall address the Court from the specified Remote Point on the date and time specified by the Court. The presence of a Co-ordinator shall not be necessary at the Remote Point where arguments are addressed by the Advocate or Required Person.
Provided if the Advocate or Required Person requires the presence of a Co-ordinator at the Remote Point, then the same shall be informed to the concerned Court in advance and the Court shall then authorise a person to be the Co-ordinator at the Remote Point at that time.
(2) In cases where the proceedings are to be conducted at any of the Remote Points mentioned in Rule 5(4\i) to 5(4)(ix), the Co-ordinator at such Remote Point shall ensure compliance of all the technical requirements as mandated. However, if the proceedings are conducted from any of the Remote Points mentioned in Rule 5(4)(x), then the Co-ordinator at the Court Point shall ensure compliance of all the technical require
(1) The Court may, in its discretion, authorize the detention of an accused, frame charges in a criminal trial and record the statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) through Electronic Video Linkage. The Court shall not order judicial remand of an accused in the first time or shall not give the accused in police custody through Electronic Video Linkage except in exceptional circumstances for reasons to be recorded in writing.
(2) While extending the order of detention, the Court shall ensure that the accused understood the proceedings that took place on that day and also that he is aware of the next hearing date.
(3) The Court shall retain the order of detention in its records and forward a scanned copy to the Jail or Prison by electronic mail which shall be treated by the Jail or Prison Authority as the authorization for detention of the accused. The Court may also forward a duplicate of the order
(1) The expenses of the Electronic Video Linkage facility shall include the expenses of preparing soft copies or certified copies of the court record for sending to the Co- ordinator at the Remote Point and the fee payable to the translator or interpreter or special educator, as the case may be.
(2) The Co-ordinator at the Remote Point shall be paid such amount as honorarium as may be fixed by the Court in consultation with the parties to the case.
(3) In criminal cases the expenses for recording evidence through Electronic Video Linkage shall be borne by such party as the Court directs, taking into account the provisions of the Criminal Rules of Practice, Kerala.
(4) In civil cases the expenses for recording evidence through Electronic Video Linkage shall be borne by the party making the request, unless otherwise ordered by the Court.
(5) In other cases, the Court may make an order as to the expenses as it considers appropriate taking into ac
(1) All Advocates, Required Persons, Party-in-Person and/or any other person permitted by the Court to remain physically or virtually present (collectively referred to as participants) shall strictly follow the mandates contained in Schedule I of the Rules.
(2) The Co-ordinator at the Court Point shall send the link/meeting ID/the Remote Point room details to the electronic mail or the mobile number furnished by the Advocate or Required Person or other participants who are permitted to be virtually present by the Court. Once the proceedings have commenced no other person will be permitted to participate except on the orders of the Court.
(3) The participants, after joining the proceeding at the Remote Point, shall remain in the virtual lobby, if available, until they are admitted to virtual hearing by the Co- ordinator at the Court Point.
(4) Once the participants participate in the proceedings, the said participation shall constitute consent on thei
(1) In conformity with the provisions of the Legal Services Authorities Act, 1987 (Act 39 of 1987) along with the Rules and Regulations in force, in proceedings related to Legal Aid Clinics, Camps, Lok Adalats or Jail Adalats, any person who at the Remote Point is in Jail or Prison shall be examined through Electronic Video Linkage by the Member-Secretary, Kerala State Legal Services Authority; Secretary, High Court Legal Services Committee; Chairman/Secretary of the District Legal Service Authority or Taluk Legal Service Committee or Members of Lok Adalats, before any award or order Is passed.
(2) The award or order so passed shall have the same force as if it was passed by the regular Lok Adalat or Jail Adalat.
(3) The copy of the award or order and the record of the proceeding shall be sent to the Remote Point.
(1) The Court shall, depending on the links consistent with available bandwidth, allow persons who are not parties, to view the proceedings through Electronic Video Linkage.
(2) The Court, for reasons to be recorded in writing, shall not permit persons to view the proceedings, if such proceedings are conducted in-camera.
(3) If persons who are not permitted by the Court are present in the Remote Point at the time of examination of the witness, the Co-ordinator at the Remote Point shall inform the Court before the proceedings start, the identity of the person and the reason for his being present at the Remote Point. The said person shall only on being permitted by the Court remain present at the Remote Point.
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 is necessary to deal with the case in a Just and equitable manner.
(2) The High Court may also from time to time issue practice directions under these Rules and the said directions shall be effective from the dates as may be notified.
Section 16 of the Kerala Electronic Video Linkage Rules, 2021, provides the procedural framework for obtaining signatures and recording transcripts during electronic video link proceedings, ensuring the integrity and authenticity of virtual court processes.
Section 16 mandates that after a witness or party is examined via video linkage, the court shall obtain their signature on the transcript once the examination concludes. The signed transcript then forms the official record of the proceedings.
The section does not explicitly specify penalties for non-compliance. However, failure to obtain signatures or produce authentic transcripts may be subject to contempt proceedings or other disciplinary actions under general judicial conduct rules.
Note: The analysis is based on the provided sources and the typical legal framework surrounding electronic proceedings as outlined in the Kerala Electronic Video Linkage Rules, 2021.
(1) Matters with respect to which no express provision has been made in these Rules shall be decided by the Court consistent with the principle of furthering the interest of justice.
(2) These Rules shall be in addition to the Rules contained in the Criminal Rules of Practice, Kerala, Civil Rules of Practice, Kerala and the Rules of the High Court of Kerala, 1971.
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 time by the concerned courts.
3. As directed by the concerned court, the cases shall be called out and appearance of persons recorded.
4. Every participant shall adhere to the courtesies and protocols as are followed in the physical courts. The Presiding Officers of the courts shall be addressed as Your Lordship or Your Honour or Sir/Madam. Officers of the court will be a
REQUEST FORM FOR VIDEO LINKAGE
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 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 Video Linkage:
10. Any other matter to be stated:
I have read and understood the provisions of the Electronic Video Linkage Rules for Courts (Kerala) 2021. I undertake to remain bound by the same to the extent applicable to me. I agree to pay the costs as mentioned in Rule 12 of the Rules or as directed by the Court.
Date:
Name and Signature of the Applicant
For
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
