Karnataka HC: Court can frame charge and record statement U/S 164 of CRPC through video conferencing in Covid19

The Video Conferencing Rules (in short ‘Video

Conferencing Rules’), framed by this Court, a copy of which is

annexed to the petition, lay down the procedure for recording of

evidence by Video Conferencing. Rule 8 contemplates the

examination of persons including the witnesses through Video

Conferencing. Rule 11 indicates that in certain circumstances,

even for remand, an accused can be produced before the

learned Magistrate through Video Conferencing. Rule 11.2

specifically permits recording of statement under Section 164 of

Cr.P.C read with Rule 5 of Chapter 5 of Karnataka Criminal

Rules of Practice 1968 (in short ‘the Rules of Practice’) by Video

Conferencing. Rule 11.2 specifically permits recording of a

statement of the accused under Section 313 through Video

Conferencing. Thus, at the time of framing of charge and at the

time of recording of plea, the presence of the accused before

the Court can be procured through Video Conferencing. By

procuring the presence of the accused through Video

Conferencing in case of Sessions triable cases and in case of

warrant triable cases, the charge can be read over and

explained to the accused and his plea can be recorded. Rule 5

of the Video Conferencing Rules will apply for recording of the

evidence by Video Conferencing. If the accused is in Judicial

Custody, Video Conferencing facility can be provided at the

prison and in such case, the remote point coordinator within the

meaning of Rule 5.3 will be the Jail Superintendent or the officer

in-charge of the prison. In case the accused is on bail, any fit or

proper person will have to be appointed as the coordinator to

ensure that proceedings are conducted in a fair, impartial and

independent manner.

8. Though there is no specific provision in Cr.P.C to that

effect, there is a practice followed by various Courts of taking

the signature of the accused on the plea. If by way of abundant

precaution, the learned Judges desire that the signature of the

accused is necessary on the plea, in case of accused in judicial

custody, a copy of the charge framed and plea recorded

thereon can be send by e-mail to the coordinator who will be an

officer of the concerned prison. He can be directed to down

load the same, take print and obtain the signature of the

accused in his presence and send it to the Court. In case of an

accused on bail, the coordinator can be directed to follow the

same procedure. While recording the plea, the Judicial Officer

will be well advised to record a statement of the accused that

the Judge was clearly audible and visible to him while the

charge was read over and explained to him and while his plea

was recorded.

IN THE HIGH COURT OF KARNATAKA

W.P. No. 7338/2020

Decided On: 19.06.2020

 High Court of Karnataka  Vs.  The State of Karnataka

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka, C.J. and S. Vishwajith Shetty, 
Read full judgment here: Click here

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