Bharatiya Nagarik Suraksha Sanhita, 2023
Section 530
Trial and proceedings to be held in electronic mode
All trials, inquires and proceedings under this Sanhita, including—
(i) issuance, service and execution of summons and warrant;
(ii) examination of complainant and witnesses;
(iii) recording of evidence in inquiries and trials; and
(iv) all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.
Why this exists
This is a new provision introduced with the Bharatiya Nagarik Suraksha Sanhita, 2023, reflecting lessons learned from the COVID-19 pandemic, when courts had to rely heavily on video-conferencing to keep the justice system running. By expressly authorising electronic and audio-video modes for summons, witness examination, evidence recording, and even appeals, the law modernises criminal procedure, reduces the need for physical travel to court, and can speed up case handling, especially benefiting witnesses, undertrials, and remote litigants.
Common misconceptions
- Myth: Electronic proceedings mean the trial is less formal or less valid than an in-person one.
Fact: Proceedings conducted electronically under this section carry the same legal validity as physical proceedings; only the mode of conducting them changes, not their legal effect.