Comprehensive Research Report on Streamlining Evidence Recording Procedures for Expeditious Trial
ABSTRACT
The criminal justice is based on the ideals of the Constitution i.e., to maintain law and order, protect the rights and safety of individuals, ensure a fair society, crime prevention & reduction, punish and rehabilitate those found guilty of committing crimes, and protect life and property from crime and criminality in general. The Indian Judiciary is well known for its prolonged litigations, entangled procedural delays and severe backlog crisis. As the world is changing at a faster pace, we also have to advance ourselves to cope with it. So, with the advancement of technologies, the world of laws also needs to be changed or developed, which will be beneficial to society. In this article, some of the reformative actions are recommended, which will ensure expeditious trials while upholding the fundamental right to speedy trials.
KEYWORDS: Testimony, Evidence, Documentation, Witness, Summon, Recording
INTRODUCTION
The Indian Judicial System has long been destroyed by prolonged litigations, entangled procedural delays and a severe backlog crisis. This tendency needs to be changed in order to bring reforms in Judiciary System. Although the High Courts have tried and provided guidelines in many cases to expedite the trials still the efforts made are less justifiable. They have to look for a new way for expeditious trial. As the world is changing at a faster pace, we also have to advance ourselves to cope with it. Gradually everything is developing, but the courts are still running on the older version. Therefore, the courts need a new world of law and trials to keep the judiciary updated with time.
Based on the thorough research conducted on the procedure adopted by courts for recording evidence of witnesses, several issues have been identified that contribute to delays in trials. These issues include the time-consuming process of translation and transcription, the lack of attention to witness demeanour, the reliance on paper-based documentation, delays in accessing witnesses, procedural inefficiencies, inadequate use of technology, and the absence of sufficient witness protection measures.
To address these issues and ensure expeditious trials while upholding the fundamental right to a speedy trial, some reformative actions are recommended, which are enumerated below:-
1. Digital Evidence Recording and Transcription: By introducing digital recording of witness testimonies to reduce the time spent on manual transcription and translation. By implementing voice recognition technology for real-time transcription, ensuring immediate availability of accurate transcripts. As with the introduction of technology in every other field, courts also need to digitalize their work. Every case, file, petition, and fact should be digitalized. This process will make the work easier and also no one can make misuse of it.
2. Standardization of Language: By promoting the use of English as the standard language for court proceedings to eliminate the need for translation in multilingual regions. By encouraging the use of regional languages in states where it is practical and efficient. The language of the court should be made simpler and unambiguous so that it can be understood by a layman. It must be made so simpler and easier that people can easily understand what message is being conveyed by the judgments of the Courts. It sometimes takes a very long time to understand the rules and regulations and to interpret them. So, it must be dealt with in simpler languages. It will also be easier for the citizens to understand the rules and regulations more clearly and vividly.
3. Video Recording of Testimonies: Mandatory video recording of witness testimonies to capture their demeanour, body language, and non-verbal cues, which are crucial for assessing credibility. Enable judges and legal professionals to review recorded testimonies during the trial for more informed decision-making.
4. Appointment of Judges: It is a well-known fact that there is a very less number of judges in India with respect to the population of India. This is the reason one can easily make an idea of why there are millions of pending cases. Thereby recruiting new judges, the problem can be solved to some extent.
5. Digital Documentation and Case Management: By shifting to a fully digital documentation system for evidence and case records, reducing paperwork and improving record accessibility. By implementing an efficient case management software that tracks trial progress and schedules, minimizing adjournments and unnecessary delays.
6. Efficient Witness Summons Management: By developing a system that efficiently notifies witnesses of their appearance dates and ensures their timely availability in court. By exploring the use of teleconferencing for witnesses who cannot be physically present.
7. Procedural Reforms: By conducting a comprehensive review of procedural rules and formalities to eliminate redundant steps and bottlenecks in the trial process. By considering the use of pre-trial hearings to resolve procedural issues before the trial begins.
8. Embrace Technology in Courtrooms: By investing in modern courtroom technology, such as video conferencing facilities and digital evidence presentation tools. By providing adequate training to legal professionals on the effective use of technology in the courtroom.
9. Strengthen Witness Protection Measures: By enacting or strengthening witness protection laws to ensure the safety and cooperation of witnesses, especially in sensitive cases. By establishing a robust witness protection program that addresses the needs of vulnerable witnesses.
AUTHOR’S ANALYSIS
There are several reasons for which the court proceeding is seen to be delayed. The reasons include the use of ambiguous words which are used in this modern time also, and during any case, the judges and lawyers have to spend a lot of time in interpreting the words and deriving its actual meaning. Besides this, the world is developing at faster pace but the world of Indian Laws is still using old-age laws and rules. With the increase in new and advanced technologies, the nature of crime is also changing gradually, in order to prohibit those crimes, the Judicial System should also develop itself. Though there is a risk associated with that also (cyber crimes). But if we work hard on that, it will be adequate and foolproof. The people are expected to be benefitted and it will also make the work easier and also no one can make misuse of it.
CONCLUSION
The digitalization of courts will definitely help in easy functioning and speedy trials, but there shall always be a risk of internet speed and cyber attacks. Maintaining the decorum of courts would not be that easy, but we have to work on that and make our system adequate and foolproof. But it is for sure that this will save a lot of time, resulting in speedy disposal. It is also essential that the successful implementation of these reforms requires collaboration among all the judiciary, legal professionals, and law enforcement agencies.
AUTHOR – Namrata Dube