Court Allows Video Conferencing for Cross-Examination of Rape Survivor to Ease Logistical Challenges
In a significant move aimed at ensuring justice without causing undue hardship to victims of heinous crimes, the Delhi High Court has directed a trial court to facilitate the cross-examination of a rape survivor via video conferencing. The judgment, delivered by Justice Manoj Jain on February 19, 2026, underscores the importance of adopting a sympathetic approach towards survivors of sexual assault, particularly when their physical presence in court poses logistical challenges.
The case involves a survivor of a heinous crime who has been unable to complete her cross-examination due to personal constraints. Despite making multiple appearances, her cross-examination remained incomplete, leading to the issuance of bailable warrants by the trial court when she failed to appear on December 6, 2024. The petitioner, represented by counsel, cited late receipt of summons, travel challenges from her village in Jharkhand, and her responsibility towards her minor children as reasons for her non-appearance.
In response to a petition seeking the recall of the bailable warrants and a request for video conferencing, the High Court recalled the order dated February 13, 2025, that issued the warrants. Justice Jain emphasized the relevance of the Electronic Evidence and Video Conferencing Rules, 2025, which permit video conferencing as a viable option for court proceedings.
The court directed the trial court to consider the petitioner's circumstances sympathetically and explore the feasibility of conducting the cross-examination through video conferencing. If physical appearance is deemed necessary, the trial court must provide reasons and ensure that the state makes adequate travel arrangements for the victim.
The judgment highlights the judicial system's evolving approach towards accommodating the needs of crime survivors, ensuring that justice is not only served but also accessible and considerate of victims' circumstances.
The next hearing before the trial court is scheduled for March 2, 2026, with instructions to conclude the cross-examination without unnecessary delays, whether conducted physically or through video conferencing.
Bottom Line:
In cases involving survivors of heinous crimes like rape/sexual assault, courts must adopt a sympathetic approach, ensuring flexibility in their appearance, including the use of video conferencing under the Electronic Evidence and Video Conferencing Rules, 2025, to facilitate their testimony.
Statutory provision(s): Electronic Evidence and Video Conferencing Rules, 2025
XXXX v. State of Delhi NCT, (Delhi) : Law Finder Doc id # 2856619
