JAMMU, APRIL 24: Governor N. N. Vohra has promulgated “The
Code of Criminal Procedure (Amendment) Ordinance, 2018”. The provisions
of the existing Code of Criminal Procedure, Samvat 1989, inter-alia, provide
that all proceedings in a criminal trial are required to be taken in presence
of the accused which would result in prolonged trial
due to non-production of accused for one
or other reason.
The Code of Criminal Procedure, 1973 (Central Act),
which is applicable to the whole of India except the State of Jammu and
Kashmir, has been amended by the Code of Criminal Procedure (Amendment) Act,
2008 (Central Act No.5 of 2009) wherein Section 161, 164, 163 and 275 have been
amended to provide for recording of evidence through video electronic means
(Video Conferencing).
To introduce the use of Video Conference in
the State, as an admissible method/means for securing the
presence of accused in criminal trials, variousprovisions
of Code of Criminal Procedure, (Samvat 1989) corresponding
to the amended provisions of Central Law, viz sections 167(2), 342, 353, 360,
364, 540-A are required to be amended. The introduction
of the concept of securing the accused through Video Conference from the Jails
as an alternative means would help in the speedy disposal of criminal trials,
besides being cost effective and
helping in preventing law and order situations in certain cases.
The amendment in the Central Act has rendered the
recording of evidence through electronic video linkage to be legally permissible.
It is considered as a valid practice in other States of the country as well.
In J&K, the operationalisation of video conferencing facilities in jails is being done in a phased manner. Under
e-Courts Mission Mode Project, Video Conferencing facility has been provided in
all twelve (12) jails in the State and also to the 12 District Court Complexes.
The facility will also be extended to all the Court Complexes in the State in due course of time.
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