In Brief

During the COVID-19 pandemic, the Supreme Court issued directions under Article 142 of the Constitution to enable courts to function while maintaining social distancing. The Court recognized that 'evidence' includes electronic evidence and that video conferencing can be used to record evidence. It authorized the Supreme Court and all High Courts to adopt video conferencing and virtual court technologies while ensuring adequate safeguards: evidence recording requires mutual consent of parties, facilities must be provided to those without means, and presiding officers may restrict entry where necessary. These directions were intended to preserve access to justice while protecting public health and remain operative until further orders.

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