In a first, Kerala High Court live streams court proceedings held via video conferencing. Any person could have watched the proceedings live through the ‘Zoom’ app. A bench comprising Justices A K Jayasankaran Nambiar and Shaji P Chaly presided over the proceedings from their respective homes.
This provision is enshrined in Section 273 of the Evidence Act that proceedings be recorded in the presence of the accused through video conferencing. The accused and his pleader can see the witness as clearly as if the witness was actually sitting before them. In fact the accused may be able to see the witness better than he may have been able to, if he had been sitting in the dock in a crowded courtroom. They can observe his or her demeanour. They can hear and rehear the deposition of the witness. The accused would be able to instruct his pleader immediately and thus cross-examination of the witness is as effective, if not better. The facility of play back would give an added advantage whilst cross-examining the witness. The witness can be confronted with documents or other material or statements in the same manner as if he/she was in Court. Thus, no prejudice, of whatsoever nature, is likely to be caused to the accused.