In response to widespread protests from the legal fraternity in the national capital, the Delhi Police has issued a clarification limiting the use of video conferencing (VC) for witness examinations under the new criminal laws. According to an order dated September 5, 2025, signed by Special Commissioner of Police (Crime) Devesh Chandra Srivastava, only formal police witnesses will be examined via VC from police stations, while the examination of material police witnesses will proceed in physical mode until further consultations with stakeholders are completed.
The order emphasizes a balanced approach to implementing the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which allow for audio-video electronic means in recording evidence. It states: “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.” This provision aims to safeguard the fairness of trials by addressing concerns over potential biases or inefficiencies in virtual testimonies for key witnesses.
The clarification follows a controversial notification issued last month by the Lieutenant Governor of Delhi, under the second proviso to Section 265(3) of the BNSS, designating all 226 police stations in Delhi as sites for police officials to provide evidence through VC. The move was intended to streamline court proceedings but drew sharp criticism from bar associations, including the Supreme Court Bar Association, Supreme Court Advocates-on-Record Association, Delhi High Court Bar Association, and various district bar associations. They argued that allowing police witnesses to testify from stations could compromise the integrity of trials, potentially leading to undue influence or lack of accountability.
In light of the backlash, the Delhi Police announced that the notification would be held in abeyance until the Union Home Ministry engages in discussions with bar representatives. Meanwhile, a Public Interest Litigation (PIL) challenging the LG’s notification is scheduled for hearing in the Delhi High Court next week, where the legal community seeks to ensure that virtual examinations do not undermine the principles of fair trial.
This development highlights ongoing tensions between procedural efficiency under the new laws and the need to preserve judicial sanctity, with stakeholders advocating for a hybrid model that prioritizes physical presence for critical testimonies.
Lawcutor 