Digital Courts & Virtual Hearings: Justice at a Click, But at What Cost?
This article is written by Anishka Pandey , a second-year student at the Faculty of Law, University of Lucknow. This article deals with the ongoing digital transformation of India’s justice system, propelled by legal reforms such as Section 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which mainstreams virtual courts, remote hearings, and the electronic recording of evidence. It examines how these changes have broadened access to justice, reduced delays, and enabled participation from previously marginalized groups. At the same time, the article highlights fresh challenges, cyber-security vulnerabilities, and threats to procedural fairness. Drawing on real incidents and current legislative provisions, the article argues that while digital courts hold immense promise, India’s justice system must adopt robust standards and ethical safeguards to ensure that the march toward technological innovation does not compromise the dignity and equity of legal proceedings.
Introduction
The last several years have witnessed a radical transformation in the way justice is delivered in India. The advent of digital courts, propelled by both technological advances and the disruptions of the pandemic, has enabled a seismic shift: parties, lawyers, and judges now increasingly interact in virtual spaces, with hearings, witness examination, and procedural filings conducted electronically. Nowhere is this more evident or legislatively entrenched than with the introduction of The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and its landmark provisions for handling remote, audio-visual, and digital evidence.
The Legislative Revolution: BNSS Provisions for Remote Proceedings
One of the most consequential elements of the BNSS is its formalization and normalization of electronic justice. Section 530 of BNSS specifically states:
“All trials, inquiries, and proceedings including examination of complainant and witnesses, recording of evidence in inquiries and trials… may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.”
Further, Section 176 allows for witness statements during investigation to be recorded by electronic means, and Section 185 provides that searches and seizures can be captured by audio-video devices. The law also enables electronic transmission of summons, warrants, and notices, removing logistical barriers that have long delayed justice delivery.
These changes have real, immediate, and dramatic effects: a witness who migrated for work no longer has to travel hundreds of kilometers to testify; vulnerable witnesses or children can give statements safely and securely from private locations; and accused persons, especially those in custody, can participate in proceedings without expensive or risky transport.
“Virtual hearing in session. Technology connects parties, lawyers, and judges in real time, often across continents.”
The Promise: Accessibility, Speed, and Modernization
Digital justice expands access by saving travel time and costs, reducing adjournments, and providing greater transparency through open links and recorded sessions. Rural litigants, the elderly, and persons with disabilities have found it easier to engage with courts. The ability to file documents electronically has unburdened clerks and reduced physical clutter and risk of file loss.
During the COVID-19 pandemic, the judiciary’s swift pivot to video-conferencing and virtual bench sittings was internationally lauded as a direct lifeline for justice in extraordinary times. Even today, hybrid proceedings have become the new normal in many courts.
E-filings have reduced paperwork and made case management more efficient, enabling speedier access to justice.
The Reality Check: The Digital Divide
But the digital revolution is not without exclusion. India’s digital divide, as reported by the Telecom Regulatory Authority of India (TRAI), indicates that rural households in India have a rate of only 29.3%. reliable internet, and even in cities, access can be patchy or expensive. Many litigants, particularly the poor, elderly, or less educated, still struggle with basic digital literacy. Language barriers persist, as court portals and virtual interfaces are often available only in English or Hindi.
This raises the risk of a “two-speed” justice system: the tech-savvy surge ahead, while others may miss hearings due to lack of device, data, or know-how, sometimes even having cases dismissed for non-appearance beyond their control.
For women, persons with disabilities, or marginalized communities, including those lacking safe, quiet spaces for confidential participation, barriers to full engagement and justice persist.
The Challenge of Decorum: Controversial Virtual Hearing Incidents
As courts went digital, so too did courtroom decorum come under threat. Infamous incidents have captured both public imagination and judicial concern:
- Gujarat High Court Washroom Incident: In 2025, Gujarat, a litigant, Samad Abdul Rehman Shah, recently attended a court hearing from his washroom; he was fined Rs 1 lakh for the inappropriate conduct after suo motu contempt proceedings were initiated. The court held that such conduct demeaned the dignity of judicial proceedings and set a dangerous precedent for disregard of courtroom etiquette.
- Advocate Caught Drinking Beer: Not long after, senior advocate Bhaskar Tanna appeared before a virtual Division Bench of the Gujarat High Court visibly drinking beer and speaking on the phone during live proceedings. The court found this behavior “outrageous and glaring,” immediately barring him from appearing virtually and initiating contempt action.
These episodes widely circulated in media underscore that virtual proceedings require not just technical but also regulatory safeguards. In-person courtrooms imbue a sense of gravity and respect; virtual ones risk casualness, disrespect, and, at their worst, contempt or misconduct never dreamt of in physical settings.
Despite the advantages, virtual courts have seen decorum breaches, ranging from informal dress to outright contemptuous acts.
Due Process Considerations and New Forms of Vulnerability
Virtual courts introduce new concerns for due process:
- Assessing Credibility: Judges and lawyers have noted the difficulty of gauging body language, eye contact, and genuineness over a screen. Cross-examinations may be less effective if physical separation emboldens witnesses to obfuscate or even receive unauthorized coaching.
- Privacy and Security: There are worries about “zoom bombing,” screen recordings being misused, and confidential client and witness information potentially being leaked.
- Participation for the Marginalized: Victims of domestic violence or minors may find it harder to provide candid testimony when joining from a home environment where the perpetrator is present.
The Road Ahead: A Balancing Act for the Digital Age
The digitalization of justice, as enabled by the BNSS, is here to stay. Its benefits, accessibility, speed, cost savings, and modernization are real and substantial. But these must be balanced with:
- Stricter Etiquette Enforcement: Judicial orders on minimum standards for attire, behavior, and setting during hearings. Some High Courts have begun issuing “virtual courtroom etiquette” codes.
- Closing the Digital Divide: Government and judiciary investment in free or subsidized access, rural e-court, multi-language support, and digital literacy workshops.
- Guarding Due Process: Innovations in virtual cross-examination, privacy guarantees, and support for vulnerable witnesses.
- Ongoing Adaptation: Continuous review of best practices, including hybrid models that blend in-person solemnity with digital convenience.
The ultimate promise of digital justice is not just speed or cost-saving, but fair, dignified, and equal access to justice for every citizen, regardless of geography, means, or technical prowess. The journey there is ongoing, and will test the imagination, resolve, and adaptability of the entire legal fraternity.