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Informative

Delhi High Court on Examination of Witnesses Through Videoconferencing.

Update / Judgement Date

18 Nov 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

3 min read

Criminal LawOther Legal Matters
Delhi High Court on Examination of Witnesses Through Videoconferencing.
WCP News Bulletin
Headnote:

The Delhi High Court allowed the petitioners to examine their witnesses through videoconferencing in accordance with the Delhi High Court Rules for Video Conferencing, 2021. The court clarified that orders impugned in these petitions, which had declined the request for videoconferencing, are set aside. The court also directed the trial court to ensure that outstanding costs imposed on the petitioners are paid within one week, in line with the law under Section 35B CPC as elaborated by the Supreme Court in Manohar Singh v. D.S. Sharma (2009).


Background:
  1. The petitioners had sought to examine their witnesses through videoconferencing, which was declined by the trial court.
  2. The petitions challenged those orders.
  3. Earlier, a stay of the impugned orders had been granted by the predecessor bench on 08 February 2023, referring to the Delhi High Court Rules for Video Conferencing, 2021.
  4. Adjournment was sought by petitioners’ counsel citing a personal emergency, which was opposed by respondents’ counsel.


Court’s Observations:
  1. The respondents consented to the setting aside of the impugned orders in the interest of expeditious disposal of the main proceedings.
  2. Examination of witnesses through videoconferencing is permitted strictly in accordance with the Delhi High Court Rules for Video Conferencing, 2021.
  3. Outstanding costs imposed on petitioners by the trial court remain unpaid. The trial court is directed to ensure that these costs are paid within one week, following the guidance of the Supreme Court in Manohar Singh v. D.S. Sharma.


Legal Provisions Discussed:
  1. Delhi High Court Rules for Video Conferencing, 2021 – Procedure for examination of witnesses through videoconferencing.
  2. Section 35B, Civil Procedure Code, 1908 – Court’s power to impose and recover costs.
  3. Manohar Singh v. D.S. Sharma, Civil Appeal 7554-7555/2009 – Supreme Court interpretation of Section 35B CPC regarding costs.


Decision:
  1. Orders impugned in CM(M) 103/2023, 104/2023, 196/2023 & 197/2023 are set aside.
  2. Petitioners’ witnesses may be examined through videoconferencing as per the 2021 Rules.
  3. Trial court directed to ensure outstanding costs are paid within one week.
  4. All petitions and accompanying applications are disposed of.


Significance:
  1. Confirms the Delhi High Court’s commitment to enabling video conferencing for witness examination, promoting efficiency and flexibility in proceedings.
  2. Reinforces the responsibility of petitioners to comply with costs imposed under Section 35B CPC.
  3. Provides a procedural precedent for balancing court convenience and parties’ rights during hearings requiring remote participation.


Citation: 2025:DEL:CM(M)103/2023

Cases:

Neelu Chawla v. State of NCT of Delhi & Ors. (CM(M) 103/2023 & 104/2023)

Ranju Sayall v. State of NCT of Delhi & Ors. (CM(M) 196/2023 & 197/2023)

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Justice Girish Kathpalia

Date of Decision: 19 November 2025