This Article is written by Sanjana Kesarwani of Pt. Som Chandra Dwivedi Vidhi Mahavidyalaya pursuing BA LLB , 5th year during her internship at Ledroit India.
Keywords:
Video conferencing , virtual hearing, confidentiality, Technology in judiciary,fairness in virtual hearing,access to justice using technology.
List of topics covered:
- Abstract
- Introduction
- Challenges of virtual hearing
- Ways to overcome challenges
- Reports and relevant case laws
Abstract:
The concept of virtual hearings has emerged as a significant judicial reform in the Indian legal system, particularly after the COVID-19 pandemic. The Supreme Court, through its Suo Motu Writ (Civil) No. 5 of 2020, legally recognized video-conferencing as a valid mode of court proceedings, emphasizing that “access to justice” should not be hindered by physical limitations. Virtual hearings introduce an efficient, cost-effective, and flexible method of adjudication by reducing travel, enabling participation from remote locations, and ensuring quicker disposal of urgent matters. They also support environmental and administrative benefits by reducing crowding in court premises and optimizing judicial time.
However, the shift to virtual courts also poses challenges. Technical issues such as unstable internet connectivity, inadequate digital infrastructure, and unequal access for economically weaker sections create a digital divide. Concerns regarding data privacy, confidentiality, courtroom decorum, and difficulties in evaluating witness credibility via video remain critical. While virtual hearings are suitable for procedural, non-contested, and short matters, certain stages of trial—especially evidence recording and cross-examination—may still require physical presence.
The judicial consensus suggests that virtual hearings should complement, not replace, traditional courts. A hybrid model—combining physical and virtual formats—appears to be the most balanced approach to achieving efficiency without compromising fairness or due process.
INTRODUCTION:
The usage of Virtual conferencing, virtual hearings in the judicial system was started during the COVID-19. There were pendency of cases, and everyone needed an immediate remedy. In order to resolve other problems , the Indian judiciary adapted Technology, in order to do Justice.
My first experience of virtual hearing was quite exciting as I have never seen how it actually happens.Recently, I have joined a judicial internship under justice Siddharth Varma, who is Justice of Allahabad high court. During my court visit, I saw many lawyers asking for video conferencing and the Lordship allowed to do so. Basically, lawyers were asking their seniors to be virtually present in the courts and argue the case as they were not well acquainted with the facts of the case or may be due to some other reason.Example a advocate comes in front of dice and ask the lordship to listen in virtual mode in the screen and the advocate in the screen is in other place let say delhi. But the challenging part was that there was buffering and sometimes the voice was breaking from the side of the court or sometimes from the side of the lawyer. Also, due to buffering, the Buffering happens while judges give orders and the advocate, who is on the other side, may not get the orders at that point.This was a wastage of court hours as no one would repeat again and again.So that was a lacuna in this video hearing. So maybe this could be resolved by having one person in the court premises . But again , the implementation of video conferencing would not be able to be applied completely.Hence I was happy to see the virtually hearing but not satisfied as advocates due to the glitch was ultimately seeking the another date in future to be present physically as per their schedule so this was causing delay in disposing the case. Ultimately the purpose of virtual hearing was defeating the speedy disposal of cases. Pendency is delayed.
Indian tribunals are increasingly becoming techno-savvy, especially with the implementation of the e-Courts Mission Mode Project and the Supreme Court’s push for virtual hearings. Most tribunals, such as the NCLT, NCLAT, ITAT, CAT, Consumer Commissions, and APTEL, now support video-conferencing, e-filing, digital cause lists, and electronic document management systems. Several benches, notably NCLAT and ITAT, operate as paperless tribunals, enabling digital case records and avoiding physical files. The availability of online case status, tracking, and virtual courtrooms has reduced costs, travel, and delays, enhancing access to justice.
However, challenges exist. There is variation in digital infrastructure across different tribunal benches, uneven internet connectivity, and the need for digital literacy training for advocates and staff. Despite these limitations, tribunals are moving steadily toward becoming fully digital adjudication platforms.
Justice DY Chandrachud has been continuously since 2020, asking all the high courts to be techno savvy in order to do justice and give justice in speedy manner. After COVID-19 e.filing , that is , electronic filing of cases has been increased , and virtual hearings also have been started by the judges.
CHALLENGES OF VIRTUAL HEARING:
- Technical and Infrastructure issues: Adequate availability of devices are essential. There must be stable internet connectivity.Adequate, the 12 bandwidth, etc, which are essential for a soothing Video conference and hearing. Audio video lag , power failures , poor network may interrupt the proceeding , hence , it should be ensured that there is a stable Infrastructure and technology to combat all those issues.
- Digital divide: So the basic problem in rural or remote areas is that there is lack of access to digital tools or the internet, hence litigants face problems in that. So this creates inequality in access to justice. Hence, this should be ensured that in rural areas, there must be a stable internet connection.
- Lack of technological literacy: So many lawyers , litigants and even court staff are unfamiliar with digital platforms . So this virtual hearing or virtual conferencing is not completely implemented. It affects the smooth functioning of the virtual proceedings.
- Confidentiality and data security concerns:Risk of data breaches, hacking, and unauthorized recording.
Platforms are not always secure enough for sensitive judicial matters.
- Evidentiary Challenges: Difficult to examine witnesses effectively through video.Issues with authenticity of digital documents and screen-sharing evidence.
- Difficulty in Maintaining Court Decorum and Discipline: Participants may join from informal places (homes, offices), reducing seriousness.Hard for judges to ensure that witness testimony is not being influenced off-screen.
- Lack of Emotional and Physical Cues:Body language, demeanor, and non-verbal communication are harder to assess online.Affects evaluation of credibility of witnesses and arguments.
- Limited Access for Poor, Illiterate, or Technologically Weaker Sections:Marginalized litigants may depend on legal aid clinics or public systems not always available.
- Issues in Lawyer–Client Interaction: Confidential consultation during hearing becomes difficult.Client may not understand proceedings without real-time guidance.
- Infrastructure and Cost Burden on Courts:Requires investment in technology, training, cybersecurity, and digital record management.
Ways to Overcome Challenges of Virtual Hearings in Courts:
- Strengthening Digital Infrastructure:Government investment in high-speed internet and uninterrupted power supply in courts.Dedicated video-conferencing rooms in court complexes for lawyers/litigants without devices.
- Reducing the Digital Divide:Setting up e-seva centres, e-courts kiosks, and legal aid helpdesks in rural districts.Providing subsidised or free access to VC facilities for poor litigants.
- Capacity Building and Training:Regular training programs for judges, lawyers, court staff, and police.Inclusion of basic digital skills and e-court functioning in law school curriculum.
- Ensuring Data Privacy and Cybersecurity:Use of secure court-authorized platforms instead of public video apps.Strong security measures: encryption, restricted access, no unauthorized recording.
- Improving Evidentiary Processes:Adoption of digital signatures, e-affidavits, e-filing, authenticated document upload.Use of tools like screen sharing, timestamping, and digital chain-of-custody.
- Maintaining Court Decorum:Mandatory virtual court etiquettes: Dress code,Muting rules,Proper background and no disturbance and Ensuring witness examination takes place under supervision without external influence.
Like in my experience of virtual hearing the advocate was in Apex court and he was doing that virtual hearing on his phone. So this was unprofessional. Even if you may not be present in court premises then you should arrange your schedule likewise and be on call in the proper manner.
- Enhancing Lawyer–Client Confidentiality: Allow “virtual breakout rooms” or private chat sessions for consultation during proceedings.
- Adoption of Hybrid System:Combining traditional physical courts with virtual hearings.Virtual mode can be used for:Bail matters,Procedural hearings or Urgent cases.
- Standardisation and Uniform Rules:Clear SOPs (Standard Operating Procedures) for virtual hearings across all courts.National guidelines for digital case management to avoid confusion.
However the ministry of law and justice has been given some guidelines to be implemented in courts in order to do soothing virtual hearings.
Reports and relevant case laws:
An Action Taken Report on the various observations and recommendations of the 103rd interim report of the Department related Parliamentary Standing Committee has been furnished to the Rajya Sabha Secretariat on 16.12.2020. The same is under consideration before the Parliamentary Standing Committee.
Virtual hearing of cases helps to have easy access to justice. Following are some of the advantages of virtual hearing:
- The lawyers and litigants can appear before the court from any location (far-flung areas as well) of their choice.
- There is considerable saving of time and money thus helping under privileged litigants.
- The lawyers can attend hearings at multiple locations at short notice.
- Production of witnesses becomes easy as they can be at their own safe locations.
- Movement of under trial prisoners can be done very economically and conveniently.
This information was given by the Union Minister of Law & Justice, Shri Kiren Rijiju in a written reply in Rajya Sabha.
The very first guideline for virtual hearing was given by the apex court during the time of covid in 2020 so that due to pandemic the work of judiciary didn’t stop.
In SUO MOTU WRIT (CIVIL) NO.5/2020 ,the court has given the guidance for virtual hearing. It is a case which gave a foundation order that gave legal validity to hearings by video-conferencing and issued interim guidelines for VC hearings during the pandemic.
In 2023 the Supreme Court directed that no High Court should refuse access to video-conferencing; emphasised judicial use of technology and standardisation of VC/hybrid hearings.This gave a binding effect as no high court can refuse for virtual hearings.
Recently the Kerala High court has allowed cross examination of witnesses via video conferencing and it was done successfully.
Alex C Joseph v. State of Kerala (2024 SCC OnLine Ker 7541)(https://www.scconline.com/blog/post/2025/01/08/kerala-hc-allows-remote-cross-examination-video-conferencing/)
The Kerala High Court allowed cross-examination of witnesses via video-conferencing (remote point) provided certain safeguards are in place.It held that while virtual cross-examination isn’t an automatic right, denying reasonable requests may impede the right to counsel of choice and access to justice.
Facts:
The petitioner, Alex C. Joseph, was facing a criminal trial and filed an application requesting that the cross-examination of witnesses be permitted through video-conferencing, because one of the accused/witnesses was residing outside India and was unable to be physically present in court. The trial court rejected the request, stating that personal appearance was necessary during cross-examination.
Issue:
Whether the right to cross-examine a witness includes the right to request remote cross-examination through virtual mode (video-conferencing), and whether a trial court can deny such a request without valid justification.
Held:
The Kerala High Court allowed cross-examination through video-conferencing, setting aside the trial court’s order. The Court held that:
“Virtual cross-examination cannot be denied merely because it is not conventional.”
While virtual cross-examination is not an absolute right, the court must consider whether refusal will obstruct access to justice and cause hardship to the accused or witness.
The High Court emphasised that modern courts must adapt: “Technology is to improve justice delivery, not to obstruct it.”
The High Court of Delhi has High Court Rules for Video Conferencing (Notification dated 1 Jun 2020) given the detailed procedural rules for conducting VC hearings in the Delhi High Court and subordinate courts.
Conclusion:
Virtual hearings have transformed the traditional functioning of courts by making justice more accessible, efficient, and technology-driven. The Supreme Court’s suo motu order (2020) and subsequent judicial pronouncements have confirmed that video-conferencing is a legally valid mode of hearing and not merely an emergency substitute. Virtual courts reduce cost, travel, delay, and enable participation of parties and lawyers from any geographical location, thereby promoting access to justice under Article 21 of the Constitution.
However, the system is not free from challenges. Issues such as lack of uniform infrastructure, digital divide, poor connectivity, difficulty in assessing witness credibility through a screen, and concerns about confidentiality and decorum indicate that virtual hearings cannot fully replace physical courts. The right to a fair trial, including effective cross-examination and the principle of audi alteram , must always be preserved.
Therefore, the way forward is a hybrid model — allowing both physical and virtual modes depending on the nature of the case. With proper guidelines, technological up-gradation, training, and inclusion efforts, virtual hearings can evolve into a permanent and effective component of the justice delivery system.
In essence, virtual hearings are not the future of courts — they are the present. The challenge lies not in accepting them, but in perfecting them.
REFERENCES:
SSC ONLINE
INDIAN KANOON
LIVE LAW
