MADURAI: It will be a death of the witness box, the ubiquitous wooden structure one would see in Indian courts and cinema. It will not be even the ‘designated’ locations from where one could depose and get their statements recorded by trial courts.Madras high court has virtually freed witnesses from all procedural shackles, as it has ushered in a depose-from-anywhere regime.Through a recent administrative order — Madras High Court Video Conferencing Rules, 2026 — dated Aug 12, the court has allowed witnesses before trial courts to depose through video conferencing from an appropriate location, including their home or workplace, if the court permits it.Normally, witness evidence can continue to be recorded from designated places such as an office of the superintendent of police or govt hospitals. In exceptional circumstances such as illness, hardship, delay or expense, the witnesses can present evidence from wherever they are located. Lok adalat and jail adalat proceedings may also be held through videoconferencing.Public servants, police officers and expert witnesses can also depose from appropriate locations without appearing at a designated place. In criminal proceedings, however, the advocate concerned or party should confirm location, willingness and availability of facilities. Identity should be verified through valid proof, which may be furnished electronically or shown on camera if directed by the court.The courts rules introduced in 2020 allowed videoconferencing in ‘justifiable circumstances’, including pandemics, safety concerns or inability to appear physically. Applications required an affidavit stating those circumstances and remote site details. If permitted, coordinators were appointed at the court and remote sites to facilitate proceedings and verify identity.But the 2026 rules allow videoconferencing at all stages of judicial or disciplinary proceedings, including hearings, evidence, witness or accused examination and appeals. No formal application shall ordinarily be required, particularly for hybrid hearings or advocate appearances. However, coordinators can be directed to verify if doubts arise for the judge or if identity is disputed. Practitioners said the change could help child abuse survivors who otherwise face the accused during examination or cross-examination.“Some VC facilities at SP office, Child Welfare Committee, collectorate offices and district courts lack infrastructure and privacy,” said psychologist M Divya. The new rules also permit dummy names, face-masking, pixelation, avatar masking and electronic distortion of voice to protect victims and witnesses.Retired police inspector R Sakthivel said the changes could reduce trial duration and save police time. “Many stations earmark one officer for court appearances and VC use could cut prisoner transport costs.”However, human rights activist and advocate D Karvendan said an accused participating from prison with police present could feel intimidated and affect a free and fair trial. “The rules require safeguards for fairness and opportunity to consult an advocate,” he said.Apart from human witnesses, documents may be shown through screen-sharing or secure electronic means, according to the 2026 rules. Remote-site exhibits, however, should be certified by the coordinator and despatched to court, preferably within three days.
