DHCBA Demands Withdrawal of LG’s Order Allowing Police Testimony From Stations
The Delhi High Court Bar Association (DHCBA) has called for the withdrawal of the notification issued by the Lieutenant Governor of Delhi, declaring the video conference rooms in police stations as "Designated Places" for the purpose of recording the evidence of police personnel/officers through video conferencing.
In a resolution passed on August 22, the Association stated that the notification ought to be withdrawn, as it is against the basic tenets of justice and the principle of a fair trial. It further added that its implementation will jeopardise the trial process and adversely impact the outcome of such trials.
Expressing strong disapproval, the resolution said: “The Executive Committee of the Delhi High Court Bar Association unanimously and strongly condemns the notification dated 13.08.2025, issued by the Lieutenant Governor of the National Capital Territory of Delhi, declaring the video conference rooms in police stations as ‘Designated Places’ for the purpose of recording the evidence of police personnel/officers through video conferencing.”
It is to be noted that Lawyers across Delhi district courts are abstaining from work as their protest continues against the Lieutenant Governor’s notification permitting police officers to depose via video conferencing from police stations.
Yesterday, the Bar Council of India expressed strong concern over a notification issued by the Lieutenant Governor of Delhi. In a communication addressed to the Lieutenant Governor, the BCI warned that the move could undermine the rights of the accused and weaken the integrity of trial proceedings. 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 August 13, 2025, 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 Supreme Court Bar Association (SCBA) has 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". It 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 has 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 have defended the strike, citing concerns over the integrity of trials. Advocates argue that permitting police officers to depose virtually from police stations compromised transparency and created scope for external prompting of witnesses.
Resolution: DHCBA
Date: August 26, 2025