The Bar Council of India (BCI) has formally objected to a recent notification by the Lieutenant Governor of Delhi’s office that permits police officials to record their evidence from designated police stations through video conferencing. In a letter dated August 25, 2025, the BCI has demanded the immediate withdrawal of the said notification, arguing it “would significantly compromise the rights of the accused and the integrity of trial proceedings.”
The letter, addressed to the Lieutenant Governor of Delhi, expresses “serious concern” over the notification issued on August 13, 2025. While acknowledging the goal of expeditious trials and the benefits of technology, the BCI firmly stated that “evidence can only be recorded in the court in the physical presence of the witness.”
The Council, the apex statutory body for lawyers, outlined several key objections to the new rule, emphasizing its potential to undermine fundamental legal principles.
Grounds for Objection
The BCI raised three primary arguments against the measure:
- Violation of Fair Trial Principles: The letter asserts that the physical presence of a witness in court is a “cornerstone” of the right to a fair trial. The BCI contended that when a witness testifies from a police station, a space controlled by the investigating agency, it “can undermine the credibility and spontaneity of their testimony.”
- Impediment to Effective Cross-Examination: The Council highlighted that effective cross-examination is “vital for uncovering the truth.” It argued that conducting this process via video conference makes it difficult to properly question a witness, confront them with documents, or observe their demeanor and body language, which are often crucial for assessing credibility. “A witness’s demeanour tells a lot,” the letter stated.
- Diminished Judicial Control: By moving testimony outside the physical courtroom, the notification diminishes a judge’s control over the proceedings, creating a “risk of procedural mistakes.”
Lack of Consultation
The BCI also expressed its surprise and disappointment that it, as a “major stakeholder in the justice system,” was not consulted before the notification was issued. The letter stressed that while the Council is committed to technological progress, “such significant changes to our criminal procedure should only be made after a collaborative discussion involving the Bar, the Judiciary, and other key stakeholders.”
The letter was signed by BCI Chairman and Senior Advocate Manan Kumar Mishra and Co-Chairman Ved Prakash Sharma. The Council has urged the Lieutenant Governor to withdraw the notification to ensure all police evidence is recorded with the physical presence of the officials in court, thereby balancing the goals of efficiency and fairness.
