DHCBA Condemns Delhi LG Notification Allowing Recording Of Police Officials' Evidence From Police Stations

The Delhi High Court Bar Association (DHCBA) has condemned a notification issued by the Delhi Lieutenant Governor (LG) VK Saxena declaring video conferencing rooms in police stations as designated places for recording of evidence.

The DHCBA has passed a resolution on August 22 saying that the notification issued on August 13 must be withdrawn as it is against the basic tenets of justice and the principle of fair trial.

It further adds that implementation of the LG notification will jeopardise the trial process and adversely impact the outcome of trials.

“The Executive Committee of the Delhi High Court Bar Association unanimously and strongly condemns the notification dated 13.08.2025, issued by the Lieutenant Governor of National Capital Territory of Delhi, declaring the video conference rooms in police stations as "Designated Places" for the purpose of recording of evidence of police personnel / officers through Video Conferencing,” the resolution said.

On August 21, the Coordination Committee of all district court bar associations in the national capital resolved to go on a two day strike- August 22 and 23, as a protest against the notification.

The Coordination Committee had sent a representation to the LG, Home Minister, Delhi Law Minister, Delhi Chief Minister and Delhi Home Minister, raising “strong objections” against the notification.

The notification states that the 226 police stations in the national capital were “designated” as places from where the police officials can depose before the Courts through video-conferencing mechanism and present their evidence.

Second proviso to Section 265(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) allows witnesses to be examined by audio-video electronic means at a designated place notified by the State Government.

Section 308 of the BNSS states all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused.

It adds that when the personal attendance of the accused is dispensed with, the process can be undertaken in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government.