Following Bar Protests, Delhi Police Clarifies That Material Police Witnesses Will Be Examined Physically In Court

Following protests by the Bar in the national capital, the Delhi Police has clarified that only formal police witnesses may will be examined through video conferencing from police stations.

The Delhi Police has said that the examination of material police witnesses may continue to be conducted in physical mode, pending further consultations among various stakeholders.

"This would ensure that while the objective of expediting proceedings and reducing delays is met, the sanctity and efficacy of examination of crucial witnesses is also maintained. Further, in the event of any request from the defense counsel for examination of a police witness, in physical mode, the same may be considered by the learned Presiding Judge on merits.,” an order issued today by the Delhi Police said.

The order has been signed by the Special Commissioner of Delhi Police, Crime Devesh Chandra Srivastava.

It has been added that the arrangement will facilitate a smooth and balanced implementation of the newly introduced provisions for virtual examination of witnesses in Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Last month, the Delhi LG had issued a notification as per the second proviso to section 265(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for witnesses to be examined by “audio-video electronic means” at a designated place notified by the state government.

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.

All bar bodies in the national capital, including the Supreme Court Bar Association, Supreme Court Advocates-on-Record Association, Delhi High Court Bar Association and the District Bar Associations, voiced their protests against the LG's notification, saying that it will impact fair trial. Allowing police witnesses to testify from police stations will vitiate the fairness of the process, the lawyers' associations stated.

Following that, the Delhi Police stated that the notification will be put on hold til lthe Union Home Minister met the representatives of the bar associations for an open discussion.

A PIL has been filed in the Delhi High Court against the LG's notification which will be heard next week.

Click here to read the Police Statement.