Supreme Court - Live Streaming And Recording Of Court Proceedings

• Published date: 03 August 2021
• Subject Matter: Litigation, Mediation & Arbitration, Court Procedure, Trials & Appeals & Compensation
• Law Firm: S.S. Rana & Co. Advocates
• Author: S.S. Rana & Co. Advocates

Draft Model Rules on Live Streaming and Recording of Court Proceedings

The Supreme Court of India has released the Draft Model Rules¹ (hereinafter referred to as 'Rules') for Live-Streaming and Recording of Court proceedings on May 28, 2021. These Rules have been released pursuant to the online functioning of Courts in the wake of the outbreak of the Covid-19 pandemic. Therefore, these Rules assist in the creation of infrastructure for smooth streaming and recording of live proceedings.

Key highlights of the Rules:

• The Rules mandate having five camera angles in the court room i.e., towards the Bench, the advocates, the accused and the witness/deponent;
• The Rules mandate the setting up of a Dedicated Control Room (DCR) in every Court complex. The DCR would ensure that the proceedings are live-streamed, recorded and transcribed, and that nothing inappropriate and uncivil is streamed in the public domain;
• The Rules call for the appointment of technical experts to enable the live-streaming process;

Matters for which Live Streaming will not be done

-Matrimonial matters

-Cases regarding sexual offences

-Proceedings initiated under Section 376 of the Indian Penal Code, 1860

-Cases concerning gender-based violence against women

-Matters under the POCSO and Juvenile Justice Act, 2015.

-In camera proceedings as under Section 327 of the Code of Criminal Procedure, 1973 or Section 153 B of the Code of Civil Procedure, 1908.

-Where the live-streaming would be against the administration of justice. For this, the reasons of the Bench have to be recorded in writing.

-Cases which may provoke enmity amongst communities and could result in a breach of law and order, according to the bench.

-Recording of evidence and cross-examination

-Privileged communication between parties and their advocated

-Any other matter in which the bench or the Chief Justice has given a specific direction.

• The Rules mandate that the parties are to be duly informed that the proceedings are being live-streamed, and any objections to the same are to be raised by filling of Forms under the schedules Schedule I and II appended to these Rules contains a form which has to be filled by the party objecting to live-streaming of the proceedings. It contains details such as Dairy number, Cause Title Reasons for objection to the live-streaming to be mentioned, and the details of the applicant.
• The recordings of the proceedings will be archived and will be uploaded wholly or in part, on the Courts' website...