Amid strong opposition from the legal fraternity, the Delhi Police has issued a clarification on the recently notified mechanism permitting police witnesses to depose via video conferencing from police stations.
In an order signed by Special Commissioner (Crime) Devesh Chandra Srivastava, the Police clarified that only formal police witnesses may be examined through electronic means, while material witnesses will continue to be examined in person until further deliberations with stakeholders are concluded.
The order further noted that while the new system under the Bharatiya Nagarik Suraksha Sanhita, 2023 aims to expedite trials and reduce delays, the credibility and sanctity of evidence must remain intact. It also allowed room for judicial discretion, stating, “In case the defence counsel requests physical examination of any police witness, the same may be considered by the Presiding Judge on merits".
Last month, the Delhi Lieutenant Governor invoked the second proviso to Section 265(3) BNSS, designating all 226 police stations in the national capital as places from where police officials could depose before courts via video conferencing.
The move, however, met with stiff resistance from multiple bar bodies, including the Supreme Court Bar Association, Supreme Court Advocates-on-Record Association, Delhi High Court Bar Association, and various District Bar Associations. They contended that allowing police officials to testify from police stations undermines the principle of a fair trial.
Following the protests, the Delhi Police assured that the notification would remain in abeyance until discussions are held between representatives of the Bar and the Union Home Ministry. Meanwhile, a PIL challenging the notification is scheduled to be heard by the Delhi High Court next week.
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