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Jun 5, 2020 · In the first week of May 2020, the Supreme Court issued a press release stating that ‘Virtual Courts Not Antithetical to Open Court System’. This is true in principle. Thereafter, in the second week of May, the Supreme Court devised an e-filing procedure as well as standard operating system, which is commendable and well structured.
- Introduction
- E-Court Mission Mode Project
- What Are Virtual Courts
- Definition of Court : A Matter of Debate
- Advantages and Benefits of Virtual Courts and Litigation
- Disadvantages and Challenges to Virtual Courts and Litigation
- Open Court Principle
- Data Security Issues
- Recommendations For Effective Working of Virtual Courts
- Conclusion
Although the COVID-19 pandemic created a situation of panic and chaos and caused huge harm to the economy of India, it provided an opportunity for the Indian Judicial system to reshape and develop itself. The technology-oriented methods were adopted by the contemporary litigation and court system. Due to the covid crisis and the social distancing n...
Based on the National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary, 2005, the conceptualization of the e-courts project happened. On 7 August 2013, the e-Courts National portal, that is, ecourts.gov.inwas launched. The information about case status, case filed, case registered a...
The plaint and other related documents, for example, vakalatnama, are filed in a virtual court including the written submission. In a virtual Court, video conferencing and teleconferencing is used to hear all the arguments of the Court proceedings. The submission of the evidence happens in digital format and the judgements on the cases are given by...
The central question of whether the Court is a place or is it a service became a matter of debate. If we consider the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973, none of them provides a clear definition of the term ‘Court’. However, the term ‘Court’ is a justice administering place if we take the legal glossary of the legisl...
The Indian judiciary was forced by the COVID-19 pandemic to adopt technology-oriented methods in order to continue its function of administering justice. The virtual transformation of the Indian legal system will make it more effective and advanced. Adoption of new techniques in order to improve and speed up the process of providing justice to the ...
Although there are several benefits provided by the virtual Courts, the success of Court proceedings that happens through video conferencing is based on the assumption that all the people of the country have equal access to fast internet and a properly functioning device. In addition to this, it rests on the assumption that all the Courts are enabl...
Virtual courts are a concern for some experts who consider that such courts can become a threat to the constitutionality of Court Proceedings and the importance of Rule of law, a part of the basic structure of the constitution can be undermined by these courts. The hearings that are conducted virtually are not in line with the spirit of the Open Co...
In the crisis of the pandemic, all the lawyers, judges and clients are in the search of a proper balance between safe staging and hearing of the cases. In order to prevent the movement of prisoners in between the Court and prison, virtual courts were established. Virtual Courts raise concerns regarding the confidentiality of the discussions that ha...
Lawyers, especially in the small centres, do not have the basic knowledge of Information technology. Delhi Bar Council shared this opinion on behalf of those lawyers who were not able to utilise the video conferencing service due to a lack of technical knowledge. In response to a letter by the Chief Justice of India, Indian Bar Councilstated the sa...
The weak quality of the internet access, power cuts, obsolete and poor audio systems, failure in the participation of multiple parties and failure to create links at the agreed time affects interpreters and vulnerable witnesses. Although the access divide is created through the virtual courts, the E-Seva Kendras can be useful in bridging this divid...
- Rachit Garg
Apr 12, 2020 · The Supreme Court has detailed the measures to ensure continuity of administration of justice during the COVID-19 pandemic. IT infrastructure is being installed to aid the proceedings that will take place in the virtual presence of the clients and their legal representatives.
Part of the e-courts phase 3, the Supreme Court is expected to connect all the e-courts systems with Integrated Criminal Justice System (ICJS), Crime and Criminal Tracking Networks and System...
Jan 24, 2022 · A committee of seven Supreme Court Judges led by Justice N.V. Ramana decided not to revert to the concept of physical hearing and follow the system of virtual courts as it eliminates the risk due to physical presence of the litigants and lawyers in the process of adjudication.
May 4, 2020 · Recognizing the significant role played by the new-age Virtual Court Room System during the difficult times of the COVID-19 pandemic, the Supreme Court has stated that the practice of...
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Are virtual courts antithetical to open court system?
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Oct 17, 2023 · While a litigant can access court documents, including orders and judgements, online, lawyers can opt for virtual hearings and cut down on the time required to move from one court to another.
