nearest
smooth
‘Americans with Disabilities Act: Accessibility Standards’
(U.S. Access Board)
[“ADA Accessibility Standards”]. See also: Harmonised Guidelines 2021, section 4.13.3.
e-Committee of Supreme Court of India, ‘Model Rules for Video Conferencing for Courts’ (2020)
[“Model Video Conferencing Rules”]
e-Committee of Supreme Court of India, ‘Model Rules for Live Streaming and Recording of Court Proceedings’ (2020)
[“Model Live Streaming Rules”]
NCMS (2012).
‘ADA Accessibility in the Courtroom’ (Lift-U)
[“ADA Courtroom Accessibility”]
Narcotic Drugs and Psychotropic Substances Act (1985), s 36.
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (1989), s 16.
National Investigation Agency Act (2008), s 11.
Commercial Courts Act (2015), s 3.
Juvenile Justice (Care and Protection of Children) Act (2015), s 4.
Family Courts Act (1984), s 3.
The Protection of Children from Sexual Offences (POCSO) Act (2012), s 2(d). [“POCSO Act”]
POCSO Act, s 38.
S. 26
Additional provisions regarding statement to be recorded
1. The Magistrate or the police officer, as the case may be, shall record the statement as spoken by the child in the presence of the parents of the child or any other person in whom the child has trust or confidence. 2. Wherever necessary, the Magistrate or the police officer, as the case may be, may take the assistance of a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, while recording the statement of the child. 3. The Magistrate or the police officer, as the case may be, may, in the case of a child having a mental or physical disability, seek the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed, to record the statement of the child. 4. Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the statement of the child is also recorded by audio-video electronic means.
Adequate space must be provided for the presence of the parents of the child or any other support persons such as a translator, interpreter, special educator or any other expert / person familiar with the child’s manner of communication. Provision must be made for seating and other amenities for all such support persons, to enable recording of evidence. Audio-visual facilities and other digital means of recording evidence must be provided.
S. 28
Designation of Special Courts
1. For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each District, a Court of Session to be a Special Court to try the offences under the Act.
The Special Court must be a comfortable, non-intimidating space where the child victim may be able to give their statement and hearings may be conducted in a sensitive manner.
S. 33
Procedure and powers of Special Court
4. The Special Court shall create a child-friendly atmosphere by allowing a family member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the Court. 7. The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial. Explanation.--For the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed.
Principles for child-friendly and trauma informed design have been outlined below. For further details, please refer to
Section 2.3.A.
Adequate provisions must be made for masking details relating to the child victim. For further details, please refer to
Annexure 3.
S. 36
Child not to see Accused at the time of testifying
1. The Special Court shall ensure that the child is not exposed in any way to the Accused at the time of recording of the evidence, while at the same time ensuring that the Accused is in a position to hear the statement of the child and communicate with his Advocate. 2. For the purposes of sub-section (1), the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device.
The Special Court must have provisions for single-visibility mirrors, curtains, or any other such separative device, to ensure that the child victim does not come into contact with the Accused at the time of giving testimony. The Special Court, the POCSO waiting area for the child victims, and the separate waiting area for the Accused must be equipped with video-conferencing facilities.
S. 37
Trials to be conducted in camera
The Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence.
Provisions must be made for masking the identity of the child and for ensuring digital privacy.
S. 39
Guidelines for child to take assistance of experts, etc.
Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child.
Adequate space and amenities must be provided for the use of non-governmental organisations, professionals, experts or any other support persons present at the stage of trial before the Special Court.
Civil cases
Criminal cases
Cases under special legislations such as the Protection of Children from Sexual Offences (POCSO) Act (2012), Family Courts Act (1984), Motor Vehicles Act (1988), Narcotic Drugs and Psychotropic Substances (NDPS) Act (1985), etc.
Multipurpose Courtrooms:
Typical Courtrooms which would be used for both civil and criminal cases.
Speciality Courtrooms:
Specially-designed Courtrooms catering to the specific requirements of special legislations such as POCSO, NDPS, etc.
Objectives
Ensure accessibility for diverse users
including Persons with Disabilities, the elderly, expectant mothers, children, etc. through the incorporation of universal design in the Courtroom;
Design the Courtroom to
ensure accessibility for all
by not having any level difference between spaces such as the dais, witness box, etc.;
Ensure flexibility in the design
of the Courtroom for future expansion depending on the future needs;
Ensure that the Courtroom has a
safe and efficient layout with adequate space for all users
to perform their specific roles, which includes the provision of separate access points for the Judges, Advocates & parties, and the Accused (in criminal cases);
Protect the witnesses and victims from confrontation
with the Accused, as well as other forms of intimidation;
Adopt adequate security and fire safety mechanisms
such as sprinklers, etc., and efficient operations & maintenance procedures;
Design the Courtroom layout to be efficient
for all stakeholders who are part of the ongoing proceedings, by ensuring they are clearly visible to each other at all times through the use of effective sightlines;
Design acoustics for the courtroom to ensure
speech privacy and speech intelligibility
, with sufficient acoustically absorptive materials and isolation; and
Enhance the efficiency of the Court processes
by integrating video conferencing facilities and other audio-visual equipment for online as well as hybrid proceedings, as required.
Users of the Courtroom
Judge
Advocates
Clerks
Stenographer
Interpreter
Police Inspector
Petitioner/plaintiff
Respondent/Accused
Witnesses
Government pleaders/Public prosecutors
Others associated with the case/general public
Adjacencies
Courtrooms must be in close proximity to staircases, lifts, and ramps to ensure easy movement for all stakeholders.
Courtrooms may be connected by dedicated staircases, lifts and ramps for Court staff and Advocates.
All Courtrooms must be in close proximity or have direct access to public waiting areas.
Each Courtroom must have direct access to the chambers of the Judge assigned to that particular Courtroom, or a Judges’ corridor leading to the chambers.
All Courtrooms must have direct access to the associated Shirestedar’s Room and the Pending Branch connected with them.
The Courtrooms must be in proximity or have access to a multi-person office space for the Court clerks to store their personal belongings and additional files/documents, etc., as required, beyond the time for which the Court is in session.
When multiple courtrooms are located on two sides of a corridor, the Courtroom entrance doors must not face each other directly, to ensure that adequate space and privacy is maintained.
Judges (restricted entry)
Parties, Advocates, Court staff, and the general public (secure entry)
Accused (secure entry)
A separate table and chair for the public prosecutor for criminal cases;
Seating for the lawyers arguing the case;
Seating for interpreters/sign language interpreters and other support persons;
Seating for the parties; and
Seating for the general public and other users.
Adequate floor to ceiling concealed storage shelves for storing files and referral books, as required; and
Space on the lawyers’ desks for storing books and files.
(i) Desktop, Laptop, mobile devices with internet connectivity and printer
(ii) Device ensuring uninterrupted power supply;
(iii) Camera;
(iv) Microphones and speakers;
(v) Display unit;
(vi) Document visualizer;
(vii) Provision of a firewall;
(viii) Adequate seating arrangements ensuring privacy;
(ix) Adequate lighting; and
(x) Availability of a quiet and secure space.
Desktops, laptops and mobile devices with internet connectivity and printer;
Device ensuring uninterrupted power supply;
Cameras;
Microphones and speakers;
Display units;
Document visualizer; and
Provision of a firewall.
Judges (including space for two Judges, in the Courtroom of the Principal District Judge);
Bench clerk;
Stenographer; and
Other technical support persons, if necessary.
Design Considerations for All Courtrooms
Segregated, secure and accessible entrances for the Courtroom must be provided in the following manner:
The Courtroom must be clearly marked out with adequate signage and must be easily locatable for all users, especially parties or witnesses who may be unfamiliar with the Court Complex.
The name of the Judge assigned to that Court must be properly displayed outside the Courtroom.
The entrance of the Courtroom must have adequate security and a digital display screen which continuously updates case progress as per the causelist.
The Courtroom must have adequate, comfortable and ergonomic seating for all stakeholders, including the following:
Seating arrangements must be designed to optimise Courtroom dynamics, promoting orderly proceedings and respectful interaction, minimising distractions and disruptions.
In such cases where multiple parties are involved, space should be provide to accommodate the multiple parties and their Advocates.
Additionally, space must be effectively utilised for storing relevant documents, which also takes into account the following:
The flooring and walls of the Courtroom must be made of durable non-slip materials which require very little or no regular maintenance.
The Courtroom must be designed to achieve optimum acoustic ambience inside, and sufficient isolation between adjacent areas to avoid noise intrusion. For further details on acoustics, please refer to
Annexure 5
Clear floor or ground space for turning of wheelchairs must additionally include accessible knee and toe clearance under the tables in the Courtroom.
A clear knee space of about
750 mm
width,
680 mm
height above the finished floor level or ground and
480 mm
depth must be provided under any table. For a wheelchair user the width must be at least
900 mm
A clear toe space of
230 mm
above the finished floor level or ground and
150 mm
deep must be provided under any table.
The Courtroom must be well-equipped with updated technology for video-conferencing, display of case progress, dashboards, etc., as required.
All positions within the Courtroom must be designed to ensure optimal viewing of fixed and mobile display technology.
The Supreme Court prescribed Model Rules for Video Conferencing for Courts in April 2020.
The following specific design considerations for the Courtroom must be kept in mind to ensure compliance with the rules:
Table 3:
Design considerations arising from the Model Design considerations arising from the ModRules for Video Conferencing for Courts.
Additionally, the Supreme Court adopted Model Rules for Live Streaming and Recording of Court Proceedings in September 2022.
Table 4:
Design considerations arising from the Model Rules for Live Streaming and Recording of Court Proceedings.
Dais
The dais facilitates direct entry of the Judge into the Courtroom, as it is linked to the entrance to the Judge’s chamber.
The dais must be designed to ensure that the Judges have optimum sightlines to all parts of the room.
The dais must be at a height of
450 mm
from the finished floor level. The clear height of the room above the dais must also take into account obstructing beams, etc.
Ramp access must be provided, where space permits, with colour contrast on steps.
The dais must have a minimum width of
vacant space for unhindered movement.
The dais must accommodate a
1500 mm
turning meter for a wheelchair.
Upon the dais, adequate seating must be provided for the following, with sufficient space for movement towards the sides and the rear of the dais:
The dais must accommodate the requisite technological facilities, including provision for a power outlet, computer LAN outlet, and video conferencing facilities.
The placement of furniture and wires on the dais must not obstruct the movement of the Judges and the users.
Witness Box and Accused Box
Within the Courtroom, space must be provided near the dais for a separate witness box (to be used at the time of deposition by the witness, in civil and criminal cases) and an enclosed Accused box (to be used by the Accused and accompanying police/security personnel in criminal cases).
These boxes must be provided at the finished floor level, to avoid additional levels inside the Courtroom.
The witness box must comfortably accommodate a seating for the witness and a support person (if required), with consideration of a turning diameter of
The Accused box must be provided with a bench capable of seating at least 3 persons.
In such cases, where the boxes are raised, the elevation must not be more than
200 mm
from the finished floor level, with the provision of a ramp with
1:12
ramp ratio or platform lifts to ensure accessibility for diverse user groups.
Evidence Desk
A desk for showcasing physical evidence must be positioned in a secure area, where access can be controlled and restricted to authorised personnel only. The desk must be visible to all parties involved in the legal proceedings, including the Judges, Advocates, parties, witnesses, and the Accused. Hence, the evidence desk must be near the Judges zone where it is easily visible, but not easily accessible to unauthorised individuals as shown below in
Figures 36 and 39
Adequate security measures must be provided to guard the evidence being displayed. The evidence desk must be provided with adequate seating for security personnel to control access to it. Further, surveillance cameras must be used to help control access.
Technology such as monitors or screens must be used to ensure that all parties are able to view the evidence without physically handling sensitive materials.
Seating for Public Prosecutor, Translators, etc.
Seating may be provided near the evidence desk for specialised individuals assisting the Court in different proceedings, allowing them to provide real-time assistance to the Court and other users during proceedings.
In case of Criminal Courts, specific space must be apportioned for the Public Prosecutors/Special Public Prosecutor in close proximity to the Accused Box to facilitate easy communication.
In such cases where specialised support persons need to be engaged, space must be provided for such translators, interpreters, sign language interpreters, etc., while ensuring that they are in the sightlines of all the stakeholders within the Courtroom.
Judges:
Space must be provided on the dais for at least two Judges to sit comfortably.
Court Staff:
Space must be provided for stenographers and Court clerks on either side of the Judge; and
Adequate space must be provided for the staff overseeing and controlling access to the evidence being presented during the proceedings.
Advocates, Parties, and Witnesses, and Support Persons:
Space must be provided for Advocates, from the middle of the room towards the dais, to come forward and present their arguments when their cases are being heard, including a dedicated space for government pleaders and public prosecutors;
Space must be provided for the parties to be seated near their Advocates when their cases are being heard;
Adequate accessible space must be provided for witnesses in a separate enclosed witness box to one side of the room near the dais; and
Space must be designated for translators / interpreters and other support persons near the witness box.
Accused Persons:
Adequate accessible space must be provided for the Accused, in a separate enclosed box to the other side of the room, opposite the witness box; and
Adequate accessible space must be designated for the police inspectors and accompanying security personnel near the Accused box.
General Public:
Adequate seating must be provided for others connected with the case and members of the public, towards the back of the Courtroom.
Specific Design Considerations
The PDJ Courtroom must have segregated entrances for the Judge, lawyers, parties, and the Accused.
Adequate seating facilities must be provided as follows:
Ramps, including portable ramps if required, must be provided at all instances of raised floor levels including the witness box, Accused box, and the access to the dais from the Courtroom and from the Judge’s chamber.
Enclosed, compact storage space must be provided towards the back of the dais and wherever else feasible within the Courtroom..
The Courtroom must be equipped with adequate technology for video-conferencing, mics, and case display monitors.
The Family Courts Act provides for specific design considerations which must be kept in mind for designing Family Courts:
Table 5:
Design considerations arising from the Family Courts Act (1984).
Additionally, provision should be made for a Family Visitation Room for the convenience of the parties. These rooms must provide a safe, private, and appropriate space for children to engage in visits with their family members. For further details about a child-friendly waiting area, refer to
Sections 2.2.A.
and
2.2.B.
The POCSO Act provides for specific design considerations which must be kept in mind for designing POCSO Courts:
Table 6:
Design considerations arising from the POCSO Act (2012).
The space must be designed with larger doors and windows (with necessary safety measures) to prevent the child feeling confined within the space.
The Courtroom must be located in a segregated section of the Court Complex, with separate pathways and facilities such as exclusive lifts.For further details, please refer to Vulnerable Witness Deposition Centres in
Section 2.3.
Provision must be made for movable chairs within the Courtroom. This ensures that everyone involved, including the child victim, feels comfortable and appropriately placed during the legal proceedings.
Wherever possible, level differences between the chairs used by the Judicial Officer, Advocates, and the child victim must be avoided or minimal. Efforts should be made in the design of the Courtroom to prevent any perceived hierarchy and physical distinctions that might contribute to the child victim feeling intimidated or inferior. It helps to create a more welcoming and less imposing atmosphere, allowing the child to feel more comfortable and empowered to participate in legal proceedings.
Adequate acoustical materials must be used in the ceiling and wall to ensure the Courtroom does not get too loud. Maintaining an optimal acoustic environment fosters a sense of comfort and calmness, reducing stress and anxiety in the child victim. For further details on acoustics, please refer to
Annexure 5.
Dedicated seating space within the Courtroom must additionally be provided for the Special Public Prosecutor, family members or for other Support Persons accompanying the victim in close proximity to them. Provision should be made for seating of such support persons with the Courtroom.
Additional Facilities with the POCSO Court
A separate child-friendly waiting area must be provided. The waiting area must also be designed to be an open space with adequate natural lighting to ensure that the child does not feel confined within the space. For further details, please refer to
Section 2.2.B.
Facilities such as a counselling/psychiatrist room must be made available for the dedicated use of the users of the special Courts
Separate and accessible facilities for toilets, drinking water, pantry, etc., must be provided. For further details, please refer to
Section 3.1.
Children often cope with stress through play. The Courtroom must be adjacent to a green space such as playgrounds, seating areas, and age-appropriate amenities, considering the diverse needs and interests of children to ensure that they engage in recreational activities, fostering a sense of normalcy and providing a positive distraction from the Courtroom environment. This would further provide a relaxed setting, offering support and comfort before or after the legal proceedings.
Specific Principles of trauma-informed design considerations for vulnerable child witnesses must be followed while designing all spaces within the POCSO Court. For further details, please refer to
PART C - THE HANDBOOK
ORGANIZATION AND DESIGN OF SPACES OF THE COURT COMPLEX
2.1.
Courtrooms
In a District Court Complex, each Judge requires a separate Courtroom. The size and design of each type of Courtroom varies according to the functions and activities that the Courtroom seeks to accommodate. These functions are largely determined by the types of cases that the Court hears:
At the District Court level, Judges are vested with both civil and criminal jurisdiction. Therefore, a Courtroom may be designed to accommodate both civil and criminal cases to be heard by a Judge, with separate Courtrooms being designed to accommodate Judges vested with special jurisdiction.
This Handbook thus envisages two categories of Courtrooms:
A. Multipurpose Courtrooms
I. Courtroom Type-A (“PDJ Courtroom”)
The Court of the Principal District & Sessions Judge (“PDJ”) in each Court Complex is the highest Court in that District. The PDJ exercises both civil and criminal jurisdiction and is tasked with judicial and administrative control over the District Court Complex. The PDJ Courtroom is typically the largest Courtroom in the Complex, as the PDJ may hear cases brought directly before their Court in accordance with subject matter & pecuniary jurisdiction requirements as well as appeals in cases from other Judges in the District Court Complex. The PDJ may additionally be vested with special jurisdiction in some instances (eg: jurisdiction over cases under the Narcotic Drugs and Psychotropic Substances Act (1985)).
The NCMS recommends that the typical Courtroom size must be at least
9.0 m x 16.0 m
. However, for the PDJ Courtroom, the size must be a minimum of
11.0 m x 10.0 m
to accommodate all of these functions.
II. Courtroom Type-B (Other Judges)
At the District Court level, the following Judges also exercise jurisdiction over civil and criminal matters and report to the PDJ of that Court Complex, as shown below.
The NCMS recommends that the typical Courtroom size for these Judges must be at least
7.0 m x 10.0 m
. However, the size must be a minimum of
11.0 m x 9.5 m
to accommodate all of the Court’s functions.
The Courtrooms for the other Judges at the District Court Complex must follow the same design considerations as that of the PDJ Courtroom.
B. Special Courtrooms
Certain legislations such as the Narcotic Drugs and Psychotropic Substances (NDPS) Act (1985),
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989),
National Investigation Agency (NIA) Act (2008),
the Commercial Courts Act (2015),
the Juvenile Justice (Care and Protection of Children) Act (2015)
, etc., designate certain Courts as “Special Courts'', to ensure dedicated resources and speedy trial for offences under these Acts. Special Courts are often set up at, or in close proximity to, the District Court Complex.
While the overall design considerations outlined above in
Section 2.1
would have to be followed for Special Courts as well, in some instances additional infrastructural requirements would have to be considered, based on the aims of the Act for which the Special Court has been established. For the purposes of the Handbook, two such Special Courts with distinct infrastructural requirements have been identified, as these Special Courts are often established in the same premises as the District Court Complex.
I. Courtroom Type-C (Family Court)
The Family Courts Act (1984) mandates dedicated Family Courts to be set up in every state.
Family Courts deal with disputes pertaining to marriage, family matters, and other connected issues.
They may ideally be located within an integrated District Court Complex, for the convenience and ease of movement of litigants and lawyers.
II. Courtroom Type-D (POCSO Court)
The Protection of Children from Sexual Offences (“POCSO”) Act (2012) mandates the creation of Special Courts to try offences under the Act, for a speedy trial to ensure meaningful access to justice keeping in mind the best interests of the child. The POCSO Courtroom must be designed keeping in mind the psychological needs of the children who are the primary users of the space.
The POCSO Courtroom must be designed to be utilised by a range of users, as the POCSO Act applies to any person under the age of eighteen.
This includes infants, toddlers, children, and teenagers. Hence, the “child-friendly” design of the space has to cater to a diverse range of ages, socio-cultural backgrounds, abilities, etc., Adequate provisions should also be provided for other users of the POCSO Courtroom which would include nursing mothers, the elderly, other support persons, etc.
References
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(iv)
Subject to maintaining independence, impartiality and credibility of judicial proceedings, and subject to such directions as the High Court may issue, Courts may adopt such technological advances as may become available from time to time.
Relevant technology must be adopted in the Courtroom for the District Court proceedings from time to time.
The following equipment is recommended for conducting proceedings by video conferencing at the Court Point and at the Remote Point:
(i)
Desktop, Laptop, mobile devices with internet connectivity and printer
(ii)
Device ensuring uninterrupted power supply
(iii)
Camera;
(v)
Display unit;
(vi)
Document visualizer;
(vii)
Provision of a firewall;
(viii)
Adequate seating arrangements ensuring privacy;
(ix)
Adequate lighting; and
(x)
Availability of a quiet and secure space.
There shall be a Coordinator both at the Court Point and at the Remote Point from which any Required Person is to be examined or heard. However, Coordinator may be required at the Remote Point only when a witness or a person accused of an offence is to be examined.
Before the scheduled video conferencing date, the Coordinator at the Court Point shall ensure that the Coordinator at the Remote Point receives certified copies, printouts or a soft copy of the non-editable scanned copies of all or any part of the record of proceedings which may be required for recording statements or evidence, or for reference. However, these shall be permitted to be used by the Required Person only with the permission of the Court.
Whenever required the Court shall order the Coordinator at the Remote Point or at the Court Point to provide -
5.9.1
A translator in case the person to be examined is not conversant with the official language of the Court.
5.9.2
An expert in sign languages in case the person to be examined is impaired in speech and/or hearing.
5.9.3
An interpreter or a special educator, as the case may be, in case a person to be examined is differently abled, either temporarily or permanently
Space must be provided for a Coordinator during the proceedings.
The room must be equipped with adequate computers, printout systems, scanners and other necessary technological provisions.
Adequate space must be designated for all support persons including translators, sign language experts, interpreters, special educators, etc.
8.8.1
If digital signatures are available at both the concerned Court Point and Remote Point, the soft copy of the transcript digitally signed by the presiding Judge at the Court Point shall be sent by the official e-mail to the Remote Point where a print out of the same will be taken and signed by the person being examined. A scanned copy of the transcript digitally signed by the Coordinator at the Remote Point would be transmitted by official email of the Court Point. The hard copy of the signed transcript will be dispatched after the testimony is over, preferably within three days by the Coordinator at the Remote Point to the Court Point by recognised courier/registered speed post.
An audio-visual recording of the examination of person examined shall be preserved. An encrypted master copy with hash value shall be retained as a part of the record
The Court may, at the request of a person to be examined, or on its own motion, taking into account the best interests of the person to be examined, direct appropriate measures to protect the privacy of the person examined bearing in mind aspects such as age, gender, physical condition and recognized customs and practices.
Additional technological provisions including recording equipment, scanning equipment and equipment for reprography must be provided.
If the document is at the Court Point, by transmitting a copy or image of the document to the Remote Point electronically, including through a document visualizer;
Document visualizers must be provided and adequate space must be provided for its storage when not in use.
Cameras will be ordinarily installed in the Courtroom covering at least five angles; one towards the bench, the second and third towards the advocates engaged in the concerned matter, the fourth towards the accused (where applicable) and the fifth towards the deponent/witness, as required.
2.2.
If the Court has employed an electronic evidence presentation system, an additional feed shall be captured therefrom.
2.3.
A remote-control device shall be provided to the presiding judge on the bench to pause or stop the live streaming at any time.
2.4.
Advocates, witnesses, accused, or any other person permitted by the bench, shall use appropriate microphones while addressing the Court.
2.5.
In so far as a remote location is concerned, appropriate hardware will be deployed to the extent practicable, bearing in mind the provisions made in the aforementioned sub-rules.
2.6.
Where proceedings are conducted through weblinks, including video conferencing services, appropriate software and hardware will be employed, if necessary, to generate an integrated feed for live streaming.
Section No.
Section Title
Section Relevant Details
Design Considerations
S.3
General Principles Governing Video Conferencing
S.4
Facilities recommended for Video Conferencing
Technological equipments that must be provided in the Courtroom include:
Additional provisions must be made to ensure privacy during the proceedings including adequate seating, lighting, etc.
S.5
Preparatory Arrangements
S.8
Examination of Persons
S.9
Exhibiting or Showing Documents to Witness or Accused at a Remote Point
Cameras should be installed as directed in the Courtroom.
An electronic evidence presentation system may be made available in the Courtroom, with adequate feed linkage to the Direct Control Room (refer to
Section 2.5.C
The dais must contain provision to store a remote-control device.
Provision must be made for microphones at the lawyers’ seating area as well as at the witness box and accused box.
Portable microphones may be utilised, if needed.
For Courts in remote locations, appropriate hardware facilities should be made available. Refer to
PART D
of this Handbook
Appropriate hardware and software must be used as directed in the Courtroom.
S.2
Hardware - Placement & Control
Personnel positioned in the Court
In addition to the Court master and Court staff attached to the bench, technical expert(s) shall be appointed/deputed in each of the Court premises or designated venue to enable the live streaming of proceedings.
Adequate space must be designated for the technical expert during proceedings.
S.6
Counsellors, officers, and other employees of Family Court
The State Government shall, in consultation with the High Court, determine the number and categories of counsellors, officers and other employees required to assist a Family Court in the discharge of its functions and provide the Family Court with such counsellors, officers and other employees as it may think fit.
The Court Complex must have adequate space for administrative offices for counsellors, officers, and other employees, as well as other amenities, as ay be required under the Family Court Act.
S.11
Proceedings to be held in camera
In every suit or proceedings to which this Act applies, the proceedings may be held in camera if the Family Court so desires and shall be so held if either party so desires.
Provisions must be made for masking the identity of the litigants, and for ensuring digital privacy.
S.12
Assistance of medical and welfare experts
In every suit or proceedings, it shall be open to a Family Court to secure the services of a medical expert or such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purposes of assisting the Family Court in discharging the functions imposed by this Act.
Adequate space and amenities must be provided for consultation with medical and welfare experts, as may be required. Space may be allocated within the Courtroom for the medical and welfare experts, if necessary.
S.26
The Magistrate or the police officer, as the case may be, shall record the statement as spoken by the child in the presence of the parents of the child or any other person in whom the child has trust or confidence.
Adequate space must be provided for the presence of the parents of the child or any other support persons such as a translator, interpreter, special educator or any other expert/person familiar with the child’s manner of communication.
Wherever necessary, the Magistrate or the police officer, as the case may be, may take the assistance of a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, while recording the statement of the child.
Provision must be made for seating and other amenities for all such support persons, to enable recording of evidence(97).
The Magistrate or the police officer, as the case may be, may, in the case of a child having a mental or physical disability, seek the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed, to record the statement of the child.
Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the statement of the child is also recorded by audio-video electronic means.
Audio-visual facilities and other digital means of recording evidence must be provided.
S.28
For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each District, a Court of Session to be a Special Court to try the offences under the Act.
S.33
The Special Court shall create a child-friendly atmosphere by allowing a family member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the Court.
Principles for child-friendly and trauma informed design must be followed while designing all spaces within the Family Court. For further details, please refer to Section 2.3.A.
The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.
Explanation.--
For the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed.
Adequate provisions must be made for masking details relating to the child victim.
S.36
Child not to see accused at the time of testifying
The Special Court shall ensure that the child is not exposed in any way to the accused at the time of recording of the evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate.
For the purposes of sub-section (1), the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device.
The Special Court must have provisions for single-visibility mirrors, curtains, or any other such separative device, to ensure that the child victim does not come into contact with the accused at the time of giving testimony.
The Special Court, the POCSO waiting area for the child victims, and the separate waiting area for the accused must be equipped with video-conferencing facilities.
Additional security provisions must be adopted wherever necessary to ensure that the child does not see the accused at the time of testifying.
S.37
S.39
