Expert Witness Testimony through Video Conferencing in India: Present Legal Status & Related Issues

Abstract

The integration of video conferencing (VC) into judicial proceedings has transformed the administration of justice in India, particularly following the COVID-19 pandemic. Expert witnesses, including forensic medicine specialists, medical practitioners, scientists, and technical professionals, often encounter practical difficulties in attending courts because of professional responsibilities, geographical constraints, financial burden, and administrative obligations. Recent legislative reforms and judicial pronouncements have strengthened the legal framework supporting testimony through video conferencing. To review the current legal status of expert witness testimony through video conferencing in India and evaluate its implications for forensic and medical expert evidence. A narrative review was undertaken of the statutory framework, judicial precedents, Supreme Court guidelines, High Court rules, and recent legislative developments governing expert testimony through video conferencing. Relevant provisions of the Bharatiya Sakshya Adhiniyam, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, landmark Supreme Court judgments, and the Delhi High Court Notification dated 4 July 2025 were examined to assess procedural safeguards, evidentiary validity, and practical implementation. The landmark decision in State of Maharashtra v. Dr. Praful B. Desai established that evidence recorded through video conferencing satisfies the legal requirement of witness presence and permits effective cross-examination. Subsequent statutory reforms, Supreme Court Model Rules, and High Court practice directions have institutionalized virtual testimony by prescribing safeguards relating to witness identification, oath administration, prevention of coaching, secure recording, and preservation of electronic records. Video conferencing significantly reduces delays, travel, costs, and disruption of essential medical and forensic services while enhancing judicial efficiency. However, challenges related to technological infrastructure, cybersecurity, witness authentication, and procedural uniformity remain. Video conferencing has evolved from an emergency measure into a legally recognized and increasingly indispensable mode of recording expert evidence in India. Strengthening digital infrastructure, ensuring uniform procedural standards across jurisdictions, and incorporating emerging technologies will further enhance the credibility, accessibility, and efficiency of expert witness testimony without compromising the principles of fair trial and evidentiary integrity.