Previous statements of witnesses must be electronically transmitted to them in virtual appearance: SC

New Delhi, Nov 17 (PTI) The Supreme Court on Monday directed the trial courts to facilitate the electronic transmission of the witnesses' previous statements to them in all proceedings where they are examined via video conferencing.

A bench of Justices Vikram Nath and Sandeep Mehta passed the directive noting a procedural irregularity which has arisen in a criminal case.

The top court said in this age of advancement of technology, instances are galore where the evidence of witnesses is being recorded over video conferencing.

The apex court said in such circumstances, none of the parties should be put to a disadvantage merely because the witness is not in attendance before the court, and the document/previous statement in writing with which such witness is sought to be confronted, cannot be shown/put to him.

"We hereby clarify and direct that in every case where, it is proposed to record the statement of a witness over video conferencing and any previous written statement of such witness or a matter in writing is available and the party concerned is desirous of confronting the witness with such previous statement/matter in writing, the trial Court shall ensure that a copy of the statement/document is transmitted to the witness through electronic transmission mode," the bench said.

The top court's direction came in a case where the defence was unable to effectively cross-examine the sole eyewitness, who was testifying from Canada via video link, because the trial court could not show her the document containing her prior inconsistent statement. PTI PKS KVK KVK