This document outlines the national policy for implementing electronic courts (e-courts) in India. It discusses the formation of the E-Committee to develop the policy. The key objectives are to streamline court activities, reduce case pendency, increase transparency, and provide legal resources to judges. The policy will be implemented in three phases over five years with NIC as the implementing agency. Modules like case filing, orders, and judgments will be digitized. Complications and guidelines for training, technology, and software are also discussed.

1. Presentation by: B.A.LL.B. 2nd year (Div. A, C & D)
Date: 28th September 2016
Time: 1 PM to 4 PM
Venue: New Law College, Pune (4th and 5th floor)
Examiners: Dean & Principal, Professors, Research Scholars

2. NATIONAL POLICY OF E-COURT
SUBMITTED BY:
 AMAN LODHA
ANISHA AGARWAL
ANKUSH MANGAL
 KISHAN SINGH RATHORE
GAURAV MODWILL
SANSKRITI TYAGI

3. The CJI made a proposal for constitution of “E-
COMMITTEE”, which was approved by the union
cabinet in 2004.
In 2005 the committee presented a report on straight
plan for implementation of ICT in Indian judiciary to
the CJI, with a vision to transform Indian judiciary by
ICT enablement of courts

4.  To help judicial administrations of the courts in
streamlining their day-to-day activities.
 To assist judicial administration in reducing the
pendency of cases.
 To provide transparency of information to the
litigants.
 To provide access to legal and judicial databases to the
judges.

5. National Informatics Center ( NIC ) is the
implementing agency of eCourts project.
 Key functions such as case filing, allocation, registration,
case work-flow, orders and judgments will be ICT
enabled. Causelists, case-status, orders, and judgments
will be made available on the web and made accessible to
litigants, advocates and general public.
 The key modules in eCourts project includes Laptops
and Laser Printers, training to Judges and court staffs,
Internet connectivity to the Judges, Connectivity at the
court complexes, Videoconferencing, site preparation,
Hardware, Networking, Application Software, Technical
manpower, Upgradation of the ICT Infrastructure etc.

6.  The project has been devised following the report
submitted by the E-committee on national policy
& technology in the Indian judiciary. The project
will be implemented in 3 phases spread over a
period of 5 years at a cost of Rs.854 crores.
 Site preparation under eCourts project covers
building of ICT room consists of Computer Server
Room ( CSR ) and Judicial Service Center ( JSC ).

7.  In criminal proceedings, ss230-234 of the Code of
Criminal Procedure (Cr PC) 1973 specify the procedure of
collecting evidence and the Court has the power to compel
the witness to appear before it to give evidence.
 In civil matters, the witnesses are summoned to appear
before the court and adduce evidence under the provisions
of s30, Order XVI and Order XVIII of the Code of Civil
Procedure (CPC) 1908.
 amendment in the Evidence Act and insertion of ss65A
and 65B, a special provision as to evidence relating to
electronic record and admissibility of electronic records
had been introduced

8.  Video conferencing has been used in several cases where
the witness has been unable to attend the court
proceedings, for instance in Alcatel India Ltd v Koshika
Telecom Ltd & ors [2004] the Court allowed the witness to
give evidence through video conferencing, as the witness
was unhealthy.
 The courts have on several occasions also resorted to using
this technology, based on compelling facts and
circumstances.
 For instance, examination of a victim who had been
sexually exploited and/or was suffering from post-
traumatic stress disorder was allowed to be done via video
conferencing.

9.  In the case of Bodala Murali Krishna v Smt Badola
Prathima [2007], the Andhra Pradesh High Court
similarly allowed diposition of a USA resident witness
via video conferencing. The Court was of the view that
there should not be any plausible objection for
resorting to video conferencing in civil cases as long as
the necessary facilities along with assured accuracy co-
exist.

10. Phase 1 describes the initiation of the ICT
implementation in the judicial system.

11. •Involves analysis of existing ICT setup in judicial systems.
•Study of various processes performed in the system.
•E- committee will perform benchmarking and identification.
•After this, Hardware and Softwares required are installed.
 Preparation of dedicated Website
•Website contains details of various structures of courts in the
country.
• Contains entry form modules, Report forms, statistical
information.
• High end server to house the centralized judicial database.

12. •Warehousing all the critical data related to functioning of courts.
•Feeding the pendencies, filing, nature and age of cases.
•Creation of automated reports through state specific software's.
Providing of laptops to judicial officer
•Laptops with latest technology.
•Foster a culture of use of ICT for decision making.
•Each judge would be given a unique User ID and password.
•Use of digital signatures for orders and judgments.
•Excess to an email address with an extension “ @indianjudiciay.in”.

13. • Three different sites are planned namely, Large size( 200 sq. ft
approx),Medium size(150 sq. ft approx) Small size(100 sq, ft appox).
• Each room will have one server, 3-4 user clients, printer scanner
etc.
• Broadband connectivity of 256kbps through BSNL.
 Video Conferencing
• The supreme court in State of Maharashtra v Dr. Praful B
Desai, has given its approval for the video conferencing.
• Facility in 100 countries in the first phase.
• Conferencing between prison and court.
• Face to Face interaction.

14.  Creation of ICT Infrastructure for additional courts to be created
during the project period as per the direction of the Supreme
Court in All India Judges Association v Union of India,
(2002) 4 SCC 247, pr. 25 Rs. 120 crores.
 Provisioning of video conferencing facility between under trail
prisoners and magistrate with video monitoring Rs. 60 crores
 Installation of Wireless Internet facility system in the Supreme
Court and High Court complex Rs. 1.5 crore
 Infrastructure upgradation for centralized facility Rs. 3.5 crores
 Manpower and training Rs. 15 crores
 Up-gradation of Centralized facility Rs. 5 crores
 Digital Archive of record room and library Management system
Rs. 20 crores
 TOTAL Rs. 225 crores

15.  Use of advanced ICT tools, intensive training,
warehousing and mining tool customization to
crystallize change management, Biometric facilities.
Gateway interface with other agencies Rs. 70 crores.
 Upgradation of centralized facility Rs. 4 crores.
 Digital Archive of record room and Digital Library
Management system Rs. 100 crores.
 Total Rs. 174 crores.

16.  An officer would have to be deputed, either from
India or from the consulate/embassy in the country
where the evidence is being recorded, who would
remain present and who will ensure that there is no
other person in the room where the witness is
sitting while the evidence is being recorded7.
 Fixing the time for recording evidence is always
the duty of the officer who has been deputed to
record evidence
 The witness would be examined during working
hours of Indian courts. A plea of any inconvenience
on account of the time difference between India and
another country would not be allowed

17.  The respondent and their counsel would have to make
it convenient to attend at the time fixed by the
officer concerned. If they do not attend, the
Magistrate would take action as provided in law, to
compel attendance
 Before action of the witness under audio-video
link starts, the witness would have to file an
affidavit/undertaking duly verified before a
judge/magistrate/notary that the person shown as
witness is the same person as who is going to depose
with a copy of such affidavit to the other side

18. There are certain complications due to which the
functions and modules of e-court are not
practiced, some guidelines can help solve these
issues:

19. Practical Guidelines
Training of judicial officers

20. Good Internet Speed
Technical Help

21. Updated
software

22. • Information Available
• Easy Access
• Data Keeping
• Better Court
Management

23.  Lack of Techno legal
expertise
 Chances of Hacking
 Complicated Process
 High Cost

31.  Establishment of E-courts can bring transparency and
accountability in judicial system
 E-courts can also help in dealing with long pending
cases in India
 E-court procedure would make the court proceeding
more simple and easy to access so that people can get
in touch to judiciary and its proceedings far more
easily