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Published 12:19 IST, September 15th 2024

How Video Examination Under New Laws be a Gamechanger | Insights From Sr. Adv. & ASG SV Raju

Sr. Adv. SV Raju explained how the legal framework is constantly evolving and how these laws address the changing needs of society.

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SV Raju | Image: Republic

New Delhi: While speaking to Republic Media Network at the 5th edition of the Ram Jethmalani Lecture Series, Senior Advocate and Additional Solicitor General SV Raju, a prominent figure in India’s top courts and a representative of the Union government in many cases, introduced the new reforms brought by the three new laws, marking a significant step in the right direction. Sr. Adv. SV Raju explained how the legal framework is constantly evolving and how these laws address the changing needs of society.

One of the key aims of the new laws is to prevent judicial delays. Senior Advocate SV Raju asserted, “As the saying goes, 'Delay of justice is the denial of justice.” The laws include provisions to reduce these delays, such as urgent orders from the court for cases requiring immediate attention.

One of the new changes that will prove to be a game-changer is the introduction of video examinations and electronic modes. The use of video examinations for witnesses and complainants prevents delays and reduces the inconvenience of physical appearances in court, especially when individuals are based in different cities. SV Raju provided an example illustrating that this change is beneficial for complainants who might reside in Mumbai but need to appear in a Delhi court. The system becomes more efficient through video testimony, saving time, expenses, and other related costs.

"Examination of complainants and witnesses in an electronic way not only prevents delays but is also very helpful if a complainant is staying in Bombay and is required to depose in Delhi. It causes inconvenience, expenditure, and loss of time. Therefore, to avoid all that, the new law says to examine them by video. This will help shorten delays,” he added.

He further explained that police inefficiencies, such as delays in serving summons and executing them, have long been a challenge in the legal system. These inefficiencies often result in significant delays that obstruct the timely judgment of cases, contributing to the backlog in courts. The new laws address this issue by introducing provisions that allow for the electronic filing of police reports, complaints, and other legal documents. This shift to a digital system is expected to optimize processes and make the legal system more efficient.

With the adoption of electronic filing, the legal process is expected to become faster and more transparent. Police officers and court officials will no longer have to rely solely on paper-based documentation, which causes delays, errors, and logistical challenges. Instead, reports and complaints can be submitted electronically, significantly reducing the time required to process them.

Furthermore, under the new law, courts will now be able to receive and process documents, including charge sheets, in electronic format. This eliminates the need for physical copies, which previously required manual handling and approvals, often adding to the delay. The introduction of digital documentation also means that courts can maintain better records, and avoid misplacement of crucial documents, and decision-making processes. 

This transition to electronic modes is expected to reduce bureaucratic delays, improve the efficiency of the judicial system, and ensure that justice is delivered more swiftly.

"Police reports, which were previously only in paper and writing, are now dispensed with. Provisions have been made for electronic formats, including pen drives and soft copies," he said.

He also emphasized that delays in the justice process can violate Article 21 of the Constitution, which guarantees the right to life and liberty. These new provisions, including electronic evidence recording, are seen as a response to this issue. Hence, reforms like electronic complaints and video examinations can be significant game-changers in preventing delays in court according to  Sr. Adv. SV Raju. 

Updated 12:30 IST, September 15th 2024

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