Draft law proposed by law commission for use of IT in trials
Earlier, the government passed another law, ‘Use of Information Technology by Courts Act 2020,’ to keep the courts functional during the Covid pandemic
The Law Commission recommended enacting a new law named the 'Use of Information Technology for Testimony and Trial Procedure Act' with a provision for the virtual deposition of witnesses from anywhere in the country or even from abroad.
The commission sent the draft law to the law ministry Thursday, Justice Khairul Haque, the Law Commission chairman told TBS.
Earlier, the government passed another law, 'Use of Information Technology by Courts Act 2020,' to keep the courts functional during the Covid pandemic.
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In that law, there were instructions for the trial, testimony, cross examination and announcement of verdicts using technology. But it was not detailed. The new draft law has detailed rules which would be applicable for all court cases, a law commission source said.
Law Commission Secretary Atwar Rahman (District and Sessions Judge) told TBS that major witnesses like medical doctors performing tests of victims, or investigation officers (IOs) of many important criminal cases including rape, are often unable to be present physically in court, which keeps the trial procedure hanging for years.
"If the law is enacted, this problem will be solved. Doctors or IOs will be able to take part in the trial process from anywhere in the country by video conference. The witness must inform the court prior to the deposition by audio-video communication so that the court can take measures accordingly," he said.
