Can Section 183 BNSS Proceedings Be Conducted Via Video Conference?

In the digital age, the Indian judiciary has increasingly embraced technology, especially post-pandemic. A common query from legal practitioners and litigants is: sec 183 bnss canbe done though video conference? This question touches on whether statements or examinations under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – the successor to the CrPC – can be recorded or conducted virtually.

While Section 183 BNSS itself, which deals with recording statements by police or magistrates (similar to CrPC provisions), does not explicitly mention video conferencing, judicial precedents, Supreme Court directions, and High Court rules affirm its permissibility. This blog post breaks down the legal framework, key guidelines, and practical examples. Note: This is general information based on available judicial materials and not specific legal advice. Consult a qualified lawyer for your case.

Understanding Section 183 of BNSS

Section 183 BNSS empowers authorities to record statements from witnesses or victims, often in sensitive cases like those under POCSO or other crimes. For instance, in a case involving a child victim, the statement of victim girl recorded under Section 183 of BNSS Act, 2023 was referenced to establish facts 2025 Supreme(Online)(Kar) 36541. Similarly, eyewitness statements under this section have been pivotal in investigations 2025 Supreme(Online)(Cal) 6631.

The provision emphasizes accurate documentation, but it remains silent on the mode – physical or virtual. This gap is bridged by broader judicial policies on technology adoption.

Legal Framework: No Explicit Bar, Judicial Endorsement

Section 183 BNSS does not prohibit video conferencing, and courts have filled this void through guidelines. The Supreme Court has issued comprehensive directions for video and hybrid hearings, stating that proceedings conducted via video conference shall be treated as judicial proceedings with all applicable courtesies and protocols 2023 0 Supreme(SC) 1049. These include infrastructure setup, training, and SOPs for witness examinations.

High Courts echo this. The Madras High Court Rules explicitly permit proceedings may be conducted through Video-Conferencing, including fixing schedules, appointing coordinators, enabling public participation, and ensuring authentication of deposition and documents 2023 0 Supreme(Mad) 3233. This covers evidence recording, making virtual modes valid subject to protocols.

Supreme Court and High Court Directions

The Supreme Court's guidelines in 2023 0 Supreme(SC) 1049 mandate High Courts to facilitate video conferencing for all stages, including examination of witnesses. In a notable order, witnesses, including overseas ones, appeared via video conference, with the Court holding such evidence valid in criminal trials 2024 0 Supreme(P&H) 1240.

Practically, matters are routinely heard via video: The matter was heard through 'Video Conference' 2021 0 Supreme(Mad) 1339, and counsel appeared physically/through video conference

Frenzy Commercial Pvt. Ltd. & Ors. VS

Integration with Evidence Recording Under BNSS

Video conferencing aligns with BNSS procedures. In POCSO cases, victim statements under Section 183 BNSS have been recorded and relied upon, often in contexts where virtual modes aid accessibility 2025 Supreme(Online)(Kar) 36541. Courts recognize electronic means for evidence, provided identity verification, recording, and authentication protocols are followed 2023 0 Supreme(SC) 1049 2023 0 Supreme(Mad) 3233.

For overseas or distant witnesses, it's particularly useful: the Supreme Court has also recognized the utility of video conferencing for recording evidence, including overseas witnesses 2024 0 Supreme(P&H) 1240. No statutory bar exists under Section 183 or related Evidence Act provisions 2025 0 Supreme(SC) 1569.

Key Protocols for Virtual Proceedings

To ensure credibility:- Identity Verification: Mandatory checks before starting.- Recording: Full sessions recorded with timestamps.- Security: Secure platforms to prevent tampering.- Public Access: Where feasible, hybrid modes allow observation 2023 0 Supreme(Mad) 3233.

These SOPs make virtual Section 183 BNSS proceedings as binding as physical ones 2023 0 Supreme(SC) 1049.

Case Examples Demonstrating Practice

Real-world applications abound:- In a sexual assault case, the victim's Section 183 BNSS statement indicated key facts, underscoring its role even amid virtual hearings 2025 Supreme(Online)(Kar) 36541.- NCLT proceedings under related sections featured appearances through video conference

Frenzy Commercial Pvt. Ltd. & Ors. VS

In a Kerala case on phone tapping, BNSS applicability was discussed in virtual contexts, emphasizing procedural adherence 2025 Supreme(Online)(Ker) 38702. Bail under BNSS Section 187(3) was granted after virtual arguments, prioritizing liberty 2025 Supreme(Online)(Ker) 20982.

These illustrate that courts conduct Section 183-related matters virtually without issue, especially for practicality.

Limitations and Judicial Discretion

While permissible, limitations apply:- Technological Feasibility: Not all courts have infrastructure.- Case Sensitivity: Complex evidence may require physical presence.- Statutory Compliance: Must follow Evidence Act presumptions on custody, though virtual modes are authenticated 2023 0 Supreme(Mad) 3233.

Courts exercise discretion; no blanket prohibition exists 2023 0 Supreme(SC) 1049.

Recommendations for Practitioners

• Leverage Guidelines: Cite Supreme Court SOPs 2023 0 Supreme(SC) 1049 and High Court rules 2023 0 Supreme(Mad) 3233 in applications.
• Prepare Protocols: Ensure witnesses are briefed on VC etiquette.
• Infrastructure: Advocate for better tech in remote areas.
• Overseas Witnesses: Ideal for Section 183 statements 2024 0 Supreme(P&H) 1240.

Conclusion and Key Takeaways

Section 183 BNSS proceedings can generally be conducted via video conference, backed by Supreme Court directions 2023 0 Supreme(SC) 1049, Madras High Court rules 2023 0 Supreme(Mad) 3233, and widespread practice 2024 0 Supreme(P&H) 1240. This modern approach enhances access to justice while upholding integrity.

Key Takeaways:- No explicit prohibition; judicial guidelines endorse VC.- Protocols ensure authenticity equivalent to physical modes.- Useful for victims, overseas witnesses, and efficiency.- Always adhere to SOPs for admissibility.

Stay updated on evolving e-courts rules. For tailored advice, reach out to a legal expert.

References:1. Supreme Court Directions 2023 0 Supreme(SC) 10492. Madras High Court Rules 2023 0 Supreme(Mad) 32333. Witness VC Orders 2024 0 Supreme(P&H) 12404. Other cases: 2025 Supreme(Online)(Kar) 36541,

Frenzy Commercial Pvt. Ltd. & Ors. VS