BCI Protests Delhi LG Notification Allowing Police to Depose from Stations via Video Conferencing

The Bar Council of India on Monday, 25 August 2025, expressed strong concern over a notification issued by the Lieutenant Governor of Delhi mandating that police witnesses depose from their respective police stations through video conferencing.

In a communication addressed to the Lieutenant Governor, the Bar Council warned that the move could undermine the rights of the accused and weaken the integrity of trial proceedings.

“Although we recognise the importance of expeditious trials and the benefits of technology in alleviating the burden on law enforcement, implementing this measure in its current form would significantly compromise the rights of the accused and the integrity of trial proceedings. Evidence can only be recorded in the court in the physical presence of the witness,” the communication added.

The BCI argued that the notification strikes at the heart of fair trial rights, noting that a crucial part of fairness is the physical presence of a witness in court. “When a witness testifies from a police station-a space controlled by the very same department that's investigating the case - it can undermine the credibility and spontaneity of their testimony,” the bar body added.

It further cautioned that effective cross-examination would be hampered in a virtual setting, as lawyers would struggle to confront witnesses with documents or observe their body language and demeanour.

“Effective cross-examination is vital for uncovering the truth. It's difficult to properly question a witness, identify and confront documents, or even note their expressions and body language over a video conference. A witness's demeanour tells a lot,” the BCI added

Raising another concern, the BCI added that shifting testimony outside the courtroom not only diminishes judicial control but also increases the risk of procedural errors.

The Bar Council also expressed disappointment that it had not been consulted before such a significant change was introduced. “We were surprised and disappointed that the Bar Council, a major stakeholder in the justice system, was not consulted. We are committed to technological progress, but such reforms must strike a balance between efficiency and fairness,” the Council said.

“This ensures that we find a balance between efficiency and fairness. We therefore request the immediate withdrawal of the said notification and ensure that all police officials' evidence is recorded with their physical presence in the court,” it added.

Concluding its communication, the BCI urged the immediate withdrawal of the notification and urged that police officials’ evidence continue to be recorded in person before the Court.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, and in continuation of an earlier notification dated July 17, 2024, the Lieutenant Governor of Delhi recently amended the schedule of designated video conferencing centres.

With this change, all police stations in Delhi have been formally declared as “designated places” for the deposition of police officers. This includes 179 territorial stations, as well as units of the Railways (8), Metro (16), Cyber (15), Crime (2), Special Cell (1), IGI Airport (2), Economic Offences Wing (1), Crimes Against Women (1), and Vigilance (1). The measure now allows police officers to give testimony from their respective stations through video conferencing, rather than appearing physically in court.

The measure now allows police officers to give testimony from their respective stations through video conferencing, rather than appearing physically in court.

The LG's notification stated, “In exercise of the powers conferred by the second proviso to sub-section (3) of Section 265, read with the second proviso to sub-section (2) of Section 266 and Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), and S.O. 2506(E) dated 28 June 2024 issued by the Ministry of Home Affairs, Government of India, and further in continuation of this Government’s notification issued vide No. F.9/71/2024/Home(G)/2053-2071 dated 17 July 2024, the Lt. Governor, Delhi, hereby amends the Schedule appended to the aforesaid Notification".

The second proviso to Section 265(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides that the examination of a witness can be conducted through audio-video electronic means, but only at a designated place notified by the State Government.

Further, Section 308 of the BNSS, 2023 mandates that all evidence in a trial or proceeding must be recorded in the presence of the accused or, if the accused’s personal attendance is dispensed with, in the presence of their legal representative. The LG's notification made clear that “the amendment came into force with immediate effect

The Coordination Committee of All District Courts Bar Associations of Delhi unanimously decided to abstain completely from work today in all District Courts of Delhi, in protest against what it termed as an arbitrary notification dated 13 August 2025 issued by the Lieutenant Governor of Delhi.

The Coordination Committee also acknowledged the resolutions of the Delhi High Court Bar Association as well as the Supreme Court Bar Association, both showing solidarity with this cause. Recently, the Executive Committee of the Delhi High Court Bar Association condemned the notification.

Recently, the Executive Committee of the Delhi High Court Bar Association condemned the notification. “The Executive Committee of the Delhi High Court Bar Association is of the firm view that the said notification ought to be withdrawn as it is against the basic tenets of justice and the principle of fair trial. Its implementation will jeopardise the trial process and adversely impact the outcome of such trials,” the Delhi High Court Bar Association said.

The Supreme Court Bar Association (SCBA) also strongly condemned the notification issued by the Lieutenant Governor.In a statement released by its President and Executive Committee, the SCBA described the move as “arbitrary, unlawful, and against the principles of natural justice". The Association warned that the measure not only undermines the sanctity of judicial proceedings but also compromises the fairness of the process.

Bar leaders claimed the notification undermines fair trial standards and warned of an indefinite agitation if their demands are not met.

The strike disrupted court functioning across the capital, with several proceedings adjourned. While urgent custody matters were heard, most trial hearings were deferred.

Representatives of the Coordination Committee of All District Bar Associations of Delhi defended the strike, citing concerns over the integrity of trials. Advocates argued that permitting police officers to depose virtually from police stations compromised transparency and created scope for external prompting of witnesses.

Communication: Bar Council of India

Date: 25 August 2025