Govt offices, banks and hospitals notified to facilitate virtual witness statements

All government and semi-government offices in Maharashtra, including public hospitals and nationalised bank branches, have been notified as 'designated places', where witnesses in criminal cases can record their statements virtually, officials said.

The move is aimed at delivering speedy justice, they said.

Witnesses will also be able to attend online court proceedings from these designated places, a senior home department official told PTI.

Last year, the Indian Penal Code (IPC) was replaced by the Bharatiya Nyaya Sanhita (BNS), the Code of Criminal Procedure (CrPC) by the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Indian Evidence Act by Bharatiya Sakshya Adhiniyam (BSA).

Considering the changes in the system, which expects speedy justice for the victims, the Maharashtra government is preparing the infrastructure to fulfill the needs of the time.

While undergoing changes, the state government has taken steps to adopt modern technology in the criminal justice system, the official said.

Many times, when a witness staying in a village is unable to reach the court in time or the witness is unavailable, the judge gives the next date for hearing, he noted.

Such things can be avoided in the near future by the use of technology, and the instances of giving the next date for the hearing can easily be avoided, the official said, adding that it will help the victim get justice in a time-bound manner.

Considering the situation, the witnesses involved in any criminal case, who are not able to attend the court hearings physically, can depose through video conferencing (VC) facility, which has been created at the "designated places", he said.

In the new setting, not only the witnesses, but the accused persons, who are on bail, and the police officials will also be able to record their statements through VC from these designated places, he said.

As per sections 265 (3), 266 (2) and 308 of BNSS, the examination of a witness may be done by audio-video electronic means at the designated place to be notified by the state government.

Accordingly, the government has notified all departments, semi-government, government-aided bodies, offices, municipalities, corporations, commissions, tribunals, institutions, all government or aided medical colleges, public health centres and hospitals as "designated places", the official said.

All offices, which come under the Director General of Police, police training institute, police academy, forensic science lab, offices under the state excise commissioner and legal services authorities, consumer courts, charity commissioner offices, residential commissioner's office, public prosecutor's office, and New Maharashtra Sadan are also included in the list of designated places.

These also include all branches of the nationalised banks, all Zilla Parishad offices in the state, district child welfare committees, and offices of the women and child development department, the official said.

The state home department issued the notification to this effect in June, he said.

Almost all the government offices across the state have been designated to record the statement of witnesses, and there won't be any chance that a person is unable to remain present as a witness before the court, the official said.

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In the future, this can be taken ahead to the upper courts as well, so that the concept of next date, due to unavailability of a witness, will end, he said.

The government is creating the infrastructure, which will help witnesses to record their statements in the presence of the designated authority, he said, adding that there will be adequate internet supply, video conference facility and a cabin to sit at all such places.