Counsel Entitled To Physically Accompany Party To Remote Point While Giving Evidence Via Video Conferencing:...
Here’s a detailed explanation:
📌 Context: Evidence via Video Conferencing
With the expansion of video conferencing in trials (as per Sections 273, 273A CrPC and recent amendments), witnesses and parties can give evidence from remote locations.
A question arises: Can a lawyer/counsel physically accompany the witness/party to the remote location while recording their testimony?
⚖️ Legal Position
Right of Party to Legal Assistance
Every accused or party has the right to be defended by a counsel during the recording of evidence.
This right is protected under Article 21 of the Constitution (Right to a fair trial) and Sections 303 & 304 CrPC.
Physical Presence of Counsel
Courts have clarified that counsel can physically accompany a party or witness to the remote point where video evidence is being recorded.
This ensures:
The party receives proper legal advice during questioning.
The counsel can raise objections immediately if irregularities occur.
The integrity and fairness of the testimony are preserved.
Limits
Counsel must not interfere with the recording or influence the testimony improperly.
Their presence is to assist and safeguard the legal rights, not to direct the evidence.
📚 Key Case Laws
Supreme Court in State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601
Although primarily about trial procedures, the Court emphasized the right of the accused to have legal assistance at all stages, including recording of evidence.
High Courts – Recent Rulings on VC Evidence
Punjab & Haryana HC and Delhi HC have clarified that:
If a witness is giving evidence via video from a remote location, their lawyer can accompany them.
The court should provide necessary arrangements for the counsel to raise objections and advise the party in real-time.
Objective
To ensure fairness, prevent coercion, and maintain the legal sanctity of remote proceedings.
🔑 Practical Implications
If a witness/accused is at a remote location:
They are entitled to legal representation physically present.
Counsel can observe the proceedings and provide advice.
Any attempt to deny the counsel’s presence may be challenged as violation of fair trial rights.
✅ Takeaway:
The right to legal representation extends to remote evidence recording. Counsel can physically accompany the party to ensure their rights are protected, objections are raised timely, and the trial process remains fair.
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