Bar Council of India Objects to Delhi LG’s Notification Allowing Remote Police Testimony

 

The Bar Council of India (BCI) has strongly opposed a recent notification issued by the Delhi Lieutenant Governor (LG) permitting police officials to record their evidence via video conferencing from designated police stations. The BCI warned that such a move threatens the rights of the accused and undermines the integrity of trial proceedings.

BCI’s Concerns on Fair Trial and Judicial Integrity

In a letter addressed to the Delhi LG, the BCI emphasized that while technology can aid in expediting trials, evidence of police officials must be recorded in their physical presence before the court. The Council highlighted three key concerns:

• The risk to a fair trial because police stations are controlled environments.

• The difficulty in conducting effective cross-examination through electronic means.

• Reduced judicial oversight when testimony happens remotely.

“The physical presence of witnesses in court is indispensable to preserve the fairness and transparency of criminal trials,” the BCI stated.

Lack of Consultation and Wider Bar Opposition

The BCI also expressed displeasure at not being consulted prior to the notification’s issuance, despite its statutory role under the Advocates Act, 1961.

The notification, issued under Section 265 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), designates 226 police stations in Delhi as venues for police officials to depose via video conferencing. However, the BCI and several bar associations — including the Supreme Court Bar Association, Delhi High Court Bar Association, and the Coordination Committee of District Courts Bar Associations — have protested the move.

BCI Demands Immediate Withdrawal and Stakeholder Consultations

The BCI has urged the immediate withdrawal of the notification and called for consultations involving the Bar, Judiciary, and other stakeholders before implementing such significant changes to criminal procedure.