In a landmark decision, the Punjab and Haryana High Court has permitted a US-based witness to testify via WhatsApp video call, setting a significant precedent for the use of modern communication tools in court proceedings. The Court, led by Justice Anoop Chitkara, ruled in favor of recording witness statements through WhatsApp video call, in light of the practical challenges faced by the witness in appearing physically at the Indian Embassy in the US.
Background of the Case
The case arose from an FIR filed on May 2, 2018, at Police Station Sadar Nawanshahar, under Sections 452, 324, and 109 of the Indian Penal Code. The petitioner, Kulvir Ram @ Mati, is facing trial in this case. During the proceedings, the prosecution sought to record the statements of two witnesses, Sunita Rani and Jaspal, both of whom reside in the United States.
Initially, the trial court directed that the witnesses’ statements be recorded via video conferencing at the Indian Embassy, as per the established video conferencing rules. However, due to difficulties faced by the witnesses in reaching the embassy, they requested that their statements be recorded via WhatsApp video call instead. On September 4, 2024, the trial court granted this request, prompting the accused to challenge the order before the High Court.
Key Legal Issues
The main legal issues revolved around the use of WhatsApp for recording witness testimonies and concerns regarding the security and authenticity of the process:
1. Use of WhatsApp for Testimony: The petitioner argued that allowing witnesses to testify via WhatsApp compromised the integrity of the proceedings. The counsel for the accused, Mr. Vansh Chawla, contended that the witnesses should appear before the Indian Embassy to ensure their identity and avoid the risk of impersonation.
2. Impersonation and Tutoring: The petitioner’s lawyer expressed concerns that WhatsApp video calls could enable impersonation or allow witnesses to be coached, arguing that the official process, which requires testimony to be recorded in the presence of embassy officials, should not be bypassed.
3. Exceptional Circumstances: The prosecution, represented by Ms. Swati Batra, Deputy Advocate General (DAG), Punjab, argued that the witnesses were facing logistical difficulties in traveling to the Indian Embassy and that exceptional circumstances under the video conferencing rules justified the use of alternative methods such as WhatsApp.
Court’s Ruling and Observations
In a detailed order, Justice Anoop Chitkara dismissed the petitioner’s concerns, allowing the witnesses to testify via WhatsApp. The Court referred to Rule 8.15 of the Video Conferencing Rules, which permits remote video conferencing in cases where it is impractical for a witness to travel due to illness, physical infirmity, or undue delay or expense. The Court noted that the witnesses’ inability to reach the Indian Embassy constituted such an exceptional circumstance.
The Court remarked:
“The only interest of any witness is to help in the cause of justice, and in return, it would be highly unfair if the Court puts such witnesses to unnecessary difficulties, expenditure, or inconvenience when the witnesses themselves have expressed their desire to appear through the ordinary course of video conference and not through the embassy.”
Justice Chitkara also emphasized that technological tools like WhatsApp, with their end-to-end encryption, are secure enough to be used in legal proceedings. He further instructed that during the video conference, the camera should cover a wide view of the room to ensure that the witness is not coached or under duress.
Security Measures
The High Court made specific provisions to safeguard the integrity of the testimony process. The identity of the witnesses will be verified through their WhatsApp number or email ID, and the entire video conferencing session must follow the guidelines already in place for such proceedings. The Court also mandated that the room where the testimony is recorded should be fully visible on camera to ensure transparency.
The case has now been disposed of, and the trial will proceed with the witness statements being recorded as ordered by the trial court.
Case Reference: CRM-M No. 40097 of 2024 (O&M), decided on October 4, 2024.
Counsels Involved:
– Mr. Vansh Chawla, Advocate for the petitioner.
– Ms. Swati Batra, Deputy Advocate General (DAG), Punjab, for the State.
