Thursday, November 20, 2025

The Use of Electronic Communication and Audio-Video Electronic Means for District Courts of Bihar Rules, 2025 notified: Patna High Court

On November 18, 2025, the 19-page long The Use of Electronic Communication and Audio-Video Electronic Means for the District Courts of Bihar Rules, 2025 with its 28 clauses and two Schedules have been notified in the E-gazette in exercise of the powers conferred by Article 227 of the Constitution of India, and all other enabling sections of the BNSS, audio-video electronic communication for District Courts including sub-divisional courts. Patna High Court notified the Rules, which has been published in the Extra-ordinary edition of the Bihar Gazette. Schedule II has "Request Form for Video Conference".

Clause 28 of the new Rules states the Rules for Video Conferencing for Courts, 2020 has been repealed. But notwithstanding the repeal, provisions of Rules for Video Conferencing for Courts 2020, shall apply to actions and proceedings commenced before these rules came into force.All notifications/orders published/issued under the Rules for Video Conferencing for Courts, 2020, to the extent they are not repugnant to these rules, shall be deemed to have been made or issued under these rules.  

The Rules apply to the district courts including sub-divisional courts of the State of Bihar and to all judicial, departmental and mediation proceedings in pending cases. They have come into force from the date of the publication in the Official Gazette.

The object and reason of the new Rules is to to avoid delay in judicial proceeding due to non-availability of parties, advocates, witnesses and accused physically, it is expedient to formalise and enable use of electronic communication and other audio-video electronic means for the purpose of conducting trial, inquiry and proceeding under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Sections 54, 63, 64, 70, 71, 94, 154, 183, 187, 193, 209, 227, 230, 231, 251, 254, 262, 265, 266, 308, 310, 316, 336, 355, 356, 392, and 530 of BNSS recongnises use of audio-video electronic means and other forms of electronic communication for different proceedings. 

Section 530 of the BNSS provides that all trials, inquires and proceedings under the BNSS, including examination of complainant and witnesses, recording of evidence in inquiries and trials and 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.

Notably, there is no restriction on civil courts in using video conferencing facilities in conducting trial. The District Judiciary in the State of Bihar has been using video conferencing facilities for conducting inquiries and trials in civil as well as criminal proceedings. 

In a letter dated November 18, 2025 addressed to The Superintendent,  Secretariat Press, Gulzarbagh, Patna and E-Gazette Cell, Finance Department, Bihar, Patna, Pradeep Kumar Malik, Registrar General, Patna High Court has made an urgent "request to send at least 100 (hundred) copies of the published Gazette to this Hon'ble Court. Please treat it as urgent." A copy of the letter and the notification has been forwarded to the Registrar (IT)-cum-C.P.C.; the Deputy Registrar (IT) ($) and S.O., I/c, Computer Cell for information and needful action.


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