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Video Conferencing and the Law : An Analysis of a Landmark Judgement and its Consequences

By Rohan Menon

Published In

CrLJ 2004

The Supreme Court in a path breaking order issued in April 2003 decreed that evidence could now be recorded by means of video conferencing. This was the medico-legal case of State of Maharashtra v. Dr. Praful B. Desai, 2003 Cri LJ 2033 : AIR 2003 SC 2053 which dealt with a shocking incident of medical negligence. In this case the evidence of a doctor living in the United States of America was extremely crucial to the proceedings. Unfortunately, the doctor in question Mr. Ernest Greenberg was unwell and not willing to come to India to testify before the Court. He however indicated his assent to testify by means of video conferencing. Hitherto, this aspect was never considered by Indian Courts who chose to endorse a rather restrictive interpretation of the laws in question, viz. S. 273 of the Criminal Procedure Code (Cr.P.C.) and S. 3 of the Indian Evidence Act (1872). Advances in technology and the growth of the Internet have now meant that such issues have now attained prominence an ....

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