How to use video conferencing for court hearings under BNSS

Your day in court, from your desk

You are a 20-year-old law student assisting a senior, or perhaps you are helping a family member with a property dispute. The court is 300 km away in a different district, and the local bus strike just ruined your travel plans. In the past, this would mean a missed hearing, a frustrated judge, and a potential 'ex-parte' order against you. Today, as long as you have a stable Wi-Fi connection and a basic smartphone or laptop, you can appear in court without leaving your room. However, a virtual courtroom is not a casual Zoom hangout. If you don't know the protocol—like how to name yourself correctly in the 'waiting room' or when to unmute—you could face a 'contempt of court' warning. This guide shows you how to use the system properly, using the Gauhati High Court's self-learning tools as a gold standard.

What the law actually says

Virtual courts are no longer an 'emergency measure'; they are a permanent feature of the Indian judicial system. The transition from the old Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has cemented the role of technology.

Section 530 of the BNSS specifically mandates that all trials, inquiries, and proceedings—including the examination of witnesses—may be held in electronic mode. This includes video conferencing. This means appearing via video is a recognized legal method, not a favour granted by the court.

Furthermore, the Supreme Court of India, in the case of Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), and through various administrative orders, has pushed for the adoption of the 'Model Rules for Video Conferencing for Courts'. Most High Courts, including the Gauhati High Court, have notified their own specific rules based on this model. These rules define two key locations:

1. Court Point: The physical courtroom where the Judge is sitting.
2. Remote Point: The location where you (the litigant, witness, or lawyer) are joining from.

Under these rules, you have the right to request a virtual hearing, especially if you are a 'party-in-person' (representing yourself). The Gauhati High Court (ghconline.gov.in) has taken this a step further by providing 'Self-Learning Video Tutorials' to ensure that the digital divide doesn't prevent you from accessing justice. These tutorials explain the specific software interfaces (usually Cisco Webex or Jitsi) used by the Indian judiciary.

If you are dealing with a criminal matter, remember that how to file an FIR is the first step, but the subsequent trial can now happen almost entirely online under the BNSS framework. Even for transparency issues, you might file an RTI online to get the VC links if they aren't publicly listed, though most courts now publish them in their daily 'Cause Lists'.

Step-by-step playbook

1. Find your case on the Cause List

Before you can join a hearing, you need to know when it is happening and which 'bench' or judge is hearing it.

• What to do: Visit the official website of the relevant High Court or District Court. Look for the 'Daily Cause List' section.
• What to look for: Search for your case number or the names of the parties. Note down the 'Item Number'. This number is your 'roll call' in court. If your item number is 45, do not expect to be heard at 10:30 AM; the court follows the sequence.
• Timeline: Cause lists are usually uploaded the evening before the hearing date.

2. Watch the Gauhati High Court Tutorial

Even if your case is in Delhi or Mumbai, the Gauhati High Court’s self-learning tutorial is the best resource for understanding the technical UI.

• What to do: Go to the Gauhati High Court official portal and navigate to the 'Video Conferencing' or 'Tutorials' tab.
• What to learn: Pay close attention to the 'Mute/Unmute' icons, the 'Raise Hand' feature, and the 'Share Screen' button. The tutorial shows exactly what the judge sees on their screen versus what you see.

3. Request the VC Link

Not all courts post their VC links publicly to prevent 'Zoom-bombing'.

• The Process: If the link isn't on the Cause List, you must email the 'Court Master' or the 'System Administrator' of that specific court.
• What to send: Your email must include the Case Number, Party Names, Item Number, and your mobile number. Mention that you are appearing as a 'Party-in-Person' or an authorized representative.
• Timeline: Send this request at least 24 hours before the hearing.

4. Set up your 'Remote Point'

Your environment at home is now a temporary extension of the courtroom.

• Hardware: Use a laptop or PC if possible. Phones are a last resort because incoming calls can disconnect your video session.
• Background: Use a plain, neutral wall. Avoid sitting in front of a window (it makes you look like a dark silhouette).
• Internet: Ensure you have at least 2 Mbps upload/download speed. If your Wi-Fi is shaky, use a mobile hotspot as a backup.

5. Join with the correct Naming Convention

This is where most young people fail. If you join as 'iPhone 13' or 'CoolGuy2005', the Court Master will likely kick you out or ignore you.

• The Format: Change your display name before hitting 'Join'. Use: Item No_Your Name_Petitioner/Respondent.
• Example: Item 24_Aarav Sharma_Petitioner.
• Timeline: Join the link at least 15 minutes before the court starts (usually 10:30 AM). You will be placed in a 'Virtual Waiting Room'.

6. Observe Courtroom Decorum

When the judge 'admits' you into the main session, your camera should be ON, but your microphone must be OFF.

• Dress Code: While you aren't required to wear a lawyer's gown, you must dress formally. A collared shirt or a sober kurta is mandatory. Avoid t-shirts or hoodies.
• Speaking: Only unmute when your item number is called. Address the judge as 'Your Honour' or 'My Lord/Laday' (though 'Sir/Ma'am' is increasingly accepted in lower courts).
• Presenting Evidence: If you need to show a document, use the 'Share Screen' function. Ensure the document is a PDF and clearly legible. If you are reporting a digital crime, you might refer to the Cyber Crime reporting portal for evidence you've already logged.

7. What to do if the tech fails

If your screen freezes or the audio cuts out:

• Immediate Action: Do not panic. Try to rejoin immediately.
• Backup: If you cannot rejoin, call the 'Helpline Number' listed on the court's VC page or email the Court Master immediately with the subject line 'URGENT: Technical Glitch - Case No [Your Case No]'.
• The Law's Protection: The VC rules generally state that if a party is disconnected due to technical reasons beyond their control, the court should not pass adverse orders. However, you must document the failure (take a screenshot of the error message).

For more on how to navigate the Indian legal system as a young citizen, you can browse all civic-action guides.

Where it usually breaks

Even with Section 530 of the BNSS backing you, the "system" can be glitchy. Here is where things usually go south and how you can fix them:

1. The "Physical Only" Pushback: You might call the court office, and a staff member tells you, "Sir/Ma'am, you have to come in person, we don't do VC for this matter."

   • The Fix: Don't argue. Politely cite Section 530 of the BNSS and the Model Rules for Video Conferencing adopted by your High Court. File a formal "Application for Video Conferencing" (see template below) at least 48 hours in advance. Once it is on the record, the Judge—not the clerk—decides.

2. The Missing Link: The Cause List is out, but there is no meeting ID or password.

   • The Fix: Check the website of your specific High Court or District Court. Many courts (like the Delhi High Court or Gauhati High Court) have a dedicated "VC Links" tab that stays the same for each courtroom (e.g., Court Room 12 always uses the same link). If it’s not there, email the Court Master or the Registrar immediately. You can find these emails on the 'Contact Us' or 'Telephone Directory' section of the court's portal.

3. The "Waiting Room" Limbo: You’ve joined, but you’ve been in the "Waiting Room" for two hours. You start wondering if they forgot you.

   • The Fix: Do not leave the meeting. Courts often take up "Pass Over" matters or urgent "Mentionings" first. Keep your microphone muted and camera off, but keep your eyes on the screen. If the court moves to the next item number and skips yours, use the "Raise Hand" feature or type a very brief, polite message in the chat: "Item No. [Your Number], [Your Name], present and waiting, My Lord/Ladyship."

4. Hardware & Bandwidth Betrayal: Your Wi-Fi dies or your mic stops working just as the Judge calls your name.

   • The Fix: Always have a backup. Keep your phone’s 5G hotspot ready. If the audio fails, immediately call the Court Point Coordinator (their number is often listed on the VC instruction sheet on the court website). If you can't reach them, send an email to the Registrar within 10 minutes explaining the technical failure so they don't mark you as "Absent."

Templates / script

1. Application for Video Conferencing (To be filed in Court)

Copy and adapt this text. File it via the e-filing portal or at the physical filing counter.

BEFORE THE HON’BLE COURT OF [Name of the Judge/Court] AT [Location] Case No: ________ of 202__

In the matter of: [Your Name/Party Name] ...Petitioner/Applicant VERSUS [Opposite Party Name] ...Respondent

APPLICATION ON BEHALF OF THE APPLICANT SEEKING PERMISSION TO APPEAR THROUGH VIDEO CONFERENCING

MOST RESPECTFULLY SHEWETH:

1. That the above-titled matter is listed for hearing before this Hon’ble Court on [Date].
2. That the Applicant is a [Student/Resident of X City] and is currently located at [Your Location], which is approximately [Number] km away from this Hon’ble Court.
3. That in view of Section 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides for the use of electronic mode for all trials and proceedings, the Applicant seeks to appear via Video Conferencing.
4. That the Applicant has the necessary infrastructure at the "Remote Point" to ensure a smooth hearing as per the Model Rules for Video Conferencing.

PRAYER: In view of the above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the Applicant to appear and represent their case through Video Conferencing on [Date] and subsequent dates of hearing.

Date: [Current Date] Place: [Your City] [Your Name & Signature]

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2. Script for the Hearing (When you are called)

When the Judge calls your Item Number, turn on your camera and unmute.

You: "Good morning/afternoon, My Lord/Ladyship. I am [Your Name], the [Petitioner/Respondent] in-person. Am I audible and visible?" Judge: "Yes. Proceed." You: (Keep it brief) "This matter pertains to [1-sentence summary of your case]. I have filed the relevant documents at page [Number] of the paper book. I request this Hon'ble Court to consider..."

If you need to request a future VC date: You: "My Lord/Ladyship, given that I am joining from [City], I request that for the next date of hearing as well, I may be permitted to join via electronic mode as per Section 530 BNSS."

FAQs

1. Is there a fee for appearing via Video Conferencing?

Generally, no. Appearing via VC from your own home or office is free of cost. However, if you use a "Video Conferencing Point" set up by the government (like at a District Legal Services Authority office or a Common Service Centre), there might be a nominal administrative fee (usually ₹50–₹100) as per the state's specific VC rules. Verify this on your High Court’s "Rules" notification.

2. Can I join the hearing from my smartphone?

Yes, you can. Apps like Cisco Webex and Jitsi work on Android and iOS. However, it is highly recommended to use a laptop. Why? Because you might need to look at documents or the "Chat" box while speaking. If you must use a phone, use a tripod or lean it against a stable surface. Holding your phone in your hand makes the video shaky and looks unprofessional to a Judge.

3. What is the dress code for a virtual hearing?

You don't need a lawyer’s black robe, but you must look "sober." For men, a plain white shirt and trousers; for women, a formal suit or saree. Avoid bright colours, t-shirts, or hoodies. The Supreme Court has previously noted that the decorum of a virtual court is the same as a physical one. Joining from a bed or a noisy cafe can lead to a "Contempt of Court" warning.

4. What if the Judge refuses to hear me online?

Under Section 530 of the BNSS, the use of electronic mode is now a standard provision. However, the Judge has the discretion to insist on physical presence if the case involves complex evidence or if there are identity verification issues. If refused, ask the Judge to record the reason for refusal in the "Order Sheet." This helps if you need to challenge the order later in a higher court.

5. Can I record the VC proceedings on my phone?

No. Never. Recording court proceedings without express written permission from the Court is a serious offence and can lead to immediate Contempt of Court proceedings under the Contempt of Courts Act, 1971. Most VC platforms used by courts have recording disabled for participants. Even a screen recording or a screenshot can get you into legal trouble.

6. How do I "sign" documents if I am appearing virtually?

Most courts now accept e-signatures or scanned copies of physically signed affidavits through their e-filing portals (like efiling.ecourts.gov.in). Ensure your documents are uploaded at least 2-3 days before the hearing. During the VC, the Judge will refer to the "Electronic Case Folder" on their screen. Mention the "Page Number" of the PDF to help the Judge find your document quickly.