Sir – I was going through the questions answered by you. I found a very useful piece of info. You had said, in response to a reader’s query, that giving statement by phone, skype, etc. is very much permissible. I have filed a consumer case for a forged loan. My lawyer is saying I need to be present during evidence stage to give evidence in court. Can I give the evidence through skype because I too work abroad?
You appear to be making a reference to my reply at the link Video Conferencing Option during police investigation. But, that reply was with regard to police investigation, referring to the amendment in the provisions of Section 161 of the Criminal Procedure Code, which lays down that:
“Provided that statement made under this sub-section may also be recorded by audio-video electronic means.”
I had thus referred to recording of a statement during investigation by police by audio-video electronic means. This, also, is only an enabling provision. The police should have this facility available with them.
However, what you are referring to is the statement before the consumer court. Nowadays, video-conferencing facility is available in many courts also. Sometimes, the statement of a witness during trial is recorded through video conferencing facility where it is not possible for the witness to remain present in court.
You’ll have to check whether the video-conferencing facility with relevant safeguards (as the guidelines require many safeguards to be in place for using this feature) is available in the consumer court concerned. If yes, you may make an application to that court for recording your statement by this facility. If the court agrees, you can give your statement through video-conferencing facility.
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