In Raj Kumar @ Bheema vs State of NCT of Delhi [2025 INSC 1322], the Supreme Court issued a binding directive that in all proceedings where a witness is examined via video conferencing, the trial court must ensure the electronic transmission of the witness’s prior statements to them.
The Supreme Court directed that in every case where it is proposed to record the statement of a witness over video conferencing, and any previous written statement of such witness or a matter in writing is available, and the party concerned is desirous of confronting the witness with such previous statement/matter in writing, the Trial Court shall ensure that a copy of the statement/document is transmitted to the witness through electronic transmission mode.
This ensures that the procedure provided under Section 147 and Section 148 of the Bharatiya Sakshya Adhiniyam (corresponding to Section 144 and Section 145 of the Evidence Act) is followed in letter and spirit, so as to safeguard the fairness and integrity of the trial.
This measure rectifies the procedural irregularity that placed the defence at a disadvantage. Previously, the defence was often unable to effectively cross-examine a witness because of the non-presentation of the document containing their prior inconsistent statement in the virtual setting.
