The expediting of criminal proceedings is a problem for many other countries as well as India. Delays in these instances may have detrimental long-term implications, such as a reduction in the credibility of the witnesses and prolonged emotional suffering for all parties. India is quickly addressing these issues and modernizing its legal system by utilizing innovative technologies such as automated witness summons.
Problems in Delayed Trials
The issues are as follows-
- Indian courts frequently have a backlog of cases, which causes lengthy delays before trials can start.
- Criminal trials move slowly because of lengthy procedures, frequent adjournments, and administrative obstacles.
- The frequent lack of witnesses whether because of logistical difficulties, fear, or other factors is one of the main causes of trial delays.
- Crucial evidence may deteriorate or lose credibility as cases stretch on, making it more difficult to prove the truth.
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What is Digital Witness Summoning?
Digital witness summoning has been created to help with some of the problems associated with witness absenteeism and delays in criminal proceedings. By employing online platforms and communication tools, this approach speeds the process of calling witnesses and their testimony.
- Through email, SMS, or a dedicated app, witnesses are digitally informed of the day and time of their court appearance.
- Witnesses can provide remote testimony by way of video conferencing in the moment or by pre-recording their remarks.
- Encrypted reliable platforms ensure the reliability and security of personal information and witness testimony.
- It makes it simpler for witnesses to testify in court who might have logistical challenges or geographical limitations.
Advantages
- Digital witness summoning reduces scheduling problems and delays eliminates the need for witnesses to travel to the courthouse, and speeds up the trial process.
- In situations involving potentially dangerous persons, witnesses may feel safer testifying when they are not there with the accused.
- Digital platforms can provide witnesses with information and guidance so they can strategically arrange their testimony.
- Less paperwork, streamlined procedures, and electronic scheduling can all benefit court workers and improve case management.
- If the witnesses are not required to travel as much, the court staff and each witness may save money.
Judicial Pronouncement
- The Court in Vijendra Singh Sikarwar v State of Madhya Pradesh case gave an important decision that focused on the use of digital witness summoning for prompt criminal speedy trials.
- The Madhya Pradesh High Court acknowledged the benefits of this unique method, which includes expedited procedures, enhanced safety of the witness, and reduced administrative burdens. This ruling provided a remedy for the issues caused by protracted criminal procedures and marked a remarkable turning point in the modernization of the justice system of the state.
Way Forward
- Madhya Pradesh has to make additional investments in sound technology infrastructure so that trustworthy and secure digital platforms may be used to call witnesses.
- The state’s legal system has to be upgraded to handle digital witness summons, addressing concerns regarding the admissibility of evidence and fairness in the procedure. The appropriate legislation may need to be changed as a result of this.
- Comply with the guidelines provided in the regulations controlling data protection and put into place strict data security procedures to safeguard witnesses confidentially and sensitive information.
- You need to give witnesses, attorneys, and others sufficient information and training on how to use internet platforms carefully.
- Start pilot projects in several Madhya Pradesh courts to determine the efficacy of summons using the digital witness approach in various instances and collect data for its improvement.
Conclusion
The criminal justice system in India has a lot to gain by initiating digital witness summoning. By addressing the issues in connection with the absence of witnesses and delays in trial, this initiative can expedite or speed up criminal proceedings, reduce administrative burdens, and enhance first-hand justice. But for it to be implemented successfully, a concentrated effort is needed, one that takes into account legal adjustments, technology improvements, data privacy protection measures, and substantial education and training. India can use the ability of digital witness summons to ensure that criminal proceedings are expedited, impartial, and effective for all of its citizens with the correct plan and investment.
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