New Delhi
The Delhi High Court underscored the significance of adopting modern technology for virtual participation in criminal trials, provided it doesn’t compromise the trial’s fairness, according to Justice Swarana Kanta Sharma. Justice Sharma, addressing a case involving a 75-year-old man facing a rape charge, emphasized that courts should be open to considering accused individuals’ requests for virtual participation when it doesn’t undermine trial fairness. The elderly accused had challenged a trial court’s order, which required him to attend proceedings either physically or virtually based on his health, along with submitting medical documents when appearing virtually. The accused argued that due to his age and health, it was impractical to attend every hearing in person. He also argued that the requirement for a fresh medical certificate for every virtual appearance contradicted Delhi High Court and district court rules. Justice Sharma referred to a June office order from the Delhi High Court, allowing parties to appear virtually or through hybrid mode without prior requests, specifically for cases involving sexual offenses. The court clarified that the order applied to the accused, who faced Section 376 charges under the Indian Penal Code, and that courts could still direct physical appearances when necessary, providing reasons for such decisions. Justice Sharma granted relief to the elderly accused, allowing discretion when physical presence was unnecessary for a speedy trial. The court set aside the order’s directions on physical or virtual presence, directing the accused to appear virtually for every hearing, with physical attendance by his counsel. The accused was instructed not to seek adjournments except in unavoidable circumstances and not to provide a medical certificate for each hearing.
