Live Streaming Court Proceedings in India

By : Neha Dhyani

Updated : Apr 29, 2022, 9:52

On the historic day of 28th May 2021, Draft Model Rules for Live Streaming Court Proceedings in India was issued by the Hon. Supreme Court of India. The courts then were functioning online due to the Covid-19 outbreak. The rules sought to create a digital infrastructure and lay down guidelines to facilitate seamless streaming of court proceedings in the live mode with the option to record the same.

History of Live Streaming Court Proceedings in India

The Swapnil Tripathi vs. Supreme Court of India case formed the basis for allowing the Live Streaming Court Proceedings in India. The apex court opined that for upholding the right to access justice (guaranteed by the Constitution's Article 21 related to the protection of life and personal liberty), court proceedings ought to be streamed live. This was because the congregation in the courts was disallowed as a precautionary measure of the Covid-19 prevention protocol. The model rules come under the purview of the National Policy and Action Plan for implementing Information and Communication Technology. The rules are applicable for proceedings in High and lower courts and tribunals.

Origin of Live Streaming Court Proceedings in India

India's Chief Justice Sri NV Ramana conducted the formal launching of India's live streaming court proceedings in the Gujarat High Court on 17th July 2021. Until then, pilot live streaming was practised in the Gujarat court on an experimental basis. Justices Shri MR Shah and Shri DY Chandrachud had also graced the occasion.

Interesting Facts about Live Streaming Court Proceedings in India

For the smooth Live Streaming Court Proceedings in India, the apex court has mandated the following -

  • Installation of 5 cameras in the courtroom angled towards the judge, the accused, the witnesses, the deponents, and the advocates.
  • Creation of DCR (Dedicated Control Room) within the court complex for uninterrupted live streaming, recording and transcribing of court proceedings.
  • Prevention of public streaming of unsuitable and unparliamentary content.
  • Appointment of experts with technical know-how for enabling the process.
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Live Streaming Court Proceedings in India - Prevention of Abuse

The Supreme court had appreciated that certain sensitive, personal, classified, and confidential information related to the cases could not be made public. Hence, Live Streaming Court Proceedings in India have been barred for the following matters -

  • Sexual offences
  • Matrimony
  • Indian Penal Code's Section 376 related proceedings
  • Cases related to 2015's Juvenile Justice Act and POSCO
  • Gender driven violence committed against females
  • Cases whose live streaming can endanger justice administration by putting witnesses' lives at risk
  • 1973's Code of Criminal Procedure's Section 327 and 1908's Code of Civil Procedure's Section 153 B
  • Matters that can flare up communal tensions or enmity between communities and can jeopardize law and order (the bench has to determine if a case falls under this criterion)
  • Evidence recording as well as cross-examining of witnesses by advocates
  • Any communication that can be deemed privileged between advocates and parties represented by them
  • A case in which the Chief Justice or bench has passed a specific directive barring live streaming of specific proceedings

Previously, the public relied on the media to learn about court proceedings. During transmission by media agents, improper context settings at times caused the wrong filtration of information, leading to misinterpretation of observations by the Bench or questions asked. This opportunity was capitalized by vested interests to tarnish the image of the judiciary. Live Streaming Court Proceedings in India put an end to this problem. Increased public scrutiny can, however, put judges under more stress.

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FAQs on Live Streaming Court Proceedings in India

Q 1. When did Live Streaming Court Proceedings in India start?

The Live Streaming Court Proceedings in India were started by the Chief Justice of India, NV Ramana, who formally flagged off the live streaming in Gujarat High Court on 17th July 2021.

Q2. Our Live Streaming Court Proceedings in India allowed for all cases?

No, to prevent live-streaming abuse, certain case proceedings cannot be streamed live like those related to sexual offences.

Q 3. How many cameras are to be installed for Live Streaming Court Proceedings in India?

5 cameras are to be installed for Live Streaming Court Proceedings in India.

Q 4. Who should the cameras for Live Streaming Court Proceedings in India be directed at?

Cameras should be angled toward the judge, the accused, the witnesses, the deponents, and the advocates for the Live Streaming Court Proceedings in India.

Q 5. Under which Constitutional Article does the Live Streaming Court Proceedings in India come?

The Live Streaming Court Proceedings in India come under Article 21 of the constitution, which guarantees the right to access justice.