The Bar Council of India (BCI), the statutory body regulating the legal profession under the Advocates Act, 1961, has strongly opposed a recent notification issued by the Government of the National Capital Territory (NCT) of Delhi. The notification, dated August 13, 2025, designates police stations in Delhi as authorized venues for police officials to record their evidence through video conferencing, instead of appearing physically in courts.
In a letter addressed to the Hon’ble Lieutenant Governor of Delhi, the BCI expressed “serious concern” over the move, warning that it threatens the fundamental principles of a fair trial and could compromise the rights of the accused. The letter, jointly signed by Ved Prakash Sharma (Co-Chairman, BCI) and Manan Kumar Mishra (Chairman, BCI; Senior Advocate, Supreme Court; Member of Parliament, Rajya Sabha), calls for the immediate withdrawal of the notification.
Concerns Raised by BCI
The BCI highlighted three major issues with the notification:
- Fair Trial Compromised: The Council emphasized that the physical presence of witnesses in court is a cornerstone of justice. Testifying from a police station—a space controlled by the investigating department—could undermine both the credibility and spontaneity of testimony.
- Ineffective Cross-Examination: According to the BCI, cross-examination is critical for uncovering truth. Video conferencing restricts lawyers from properly questioning witnesses, observing body language, or noting subtle expressions. “A witness’s demeanour tells a lot,” the letter stated.
- Erosion of Judicial Control: By moving testimonies outside the courtroom, judges lose direct control over the proceedings, increasing the risk of procedural lapses and mistakes.
Lack of Consultation with the Bar
Expressing disappointment, the BCI criticized the Delhi Government for issuing the notification without consulting key stakeholders such as the Bar Council, despite it being a major player in the justice delivery system.
“We firmly believe that such significant changes to our criminal procedure should only be made after a collaborative discussion involving the Bar, the Judiciary, and other stakeholders. This ensures a balance between efficiency and fairness,” the letter said.
Call for Withdrawal
While acknowledging the importance of expeditious trials and technological innovations in the justice system, the BCI insisted that technological reforms should not come at the cost of fairness and judicial integrity. It urged the government to withdraw the notification immediately and ensure that police officials record their evidence only in the physical presence of the court.
The Road Ahead
The BCI’s protest has reignited the debate on the use of technology in criminal trials. Supporters of the notification argue that video conferencing could reduce delays, ease police workload, and make the system more efficient. However, the BCI’s stance reflects broader concerns about safeguarding the rights of the accused, ensuring transparent trials, and maintaining judicial oversight.
The final decision now rests with the Delhi Government and possibly the judiciary, as legal challenges to the notification may soon emerge.
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