One of the main issues hindering the Indian state is the judicial branch's shortcomings. There are substantive concerns (like judges' intellectual capacity and judicial independence) and process engineering issues (like how to make courts function as more effective service production organizations) in the realm of legal system changes. Utilizing contemporary computer technology to lower failure rates and boost process productivity has generated a lot of attention.
Today, we are here defining 'virtual court' and associated words. We examine the use of technology in the justice system and discuss the different terms used for technology used in courts and more.
What is Virtual Court?
Currently, litigants have the option to electronically submit their plaints via e-Filing and pay any court fees or fines online at https://vcourts.gov. Through a variety of channels designed for service delivery, the litigant can also examine the case's status online. However, the litigant may need to appear in court in person or through an attorney for adjudication purposes. The idea behind a virtual court is to decide cases online without the need for a litigant or attorney to be present in person.
By decreasing foot traffic to courts, making effective use of available resources, and offering a convenient way to resolve minor conflicts, virtual courts aim to simplify the justice delivery system.
How it works?
Online Platform: Through the use of a virtual electronic platform, virtual courts provide online conversation, document submission, and case administration.
Electronic Communication: Electronic communication of orders, online hearings, and electronic document submission are all ways that litigants, attorneys, and the court can communicate.
Online Payments: Online payments can be made in respect to fines, court fees, and other.
Virtual Judge:The case can be presided over by a virtual judge via the virtual platform.
Benefits:
Increased accessibility: People who live in rural places who may find it difficult to get to court might benefit from virtual courts by having easier access to the legal system.
Reduced costs: Both the court and the litigants may save money by using online sessions.
Faster resolution: Since processes may be carried out more effectively in virtual courts, cases may be resolved more quickly.
What is E-Filing?
The e-Filing system is a comprehensive end-to-end solution designed for online filing of written statements, answers, plaints, and other case-related applications. Any High Court or District Court in the nation may hear issues pertaining to both civil and criminal matters. It is bilingual (in both English and the native tongue) to reach a larger audience of attorneys and litigants.
Benefits –
- Minimize the requirement for clients and advocates to meet in person;
- Eliminate the need for time, money, and travel;
- Automate the digitalization of case files; and
- Have a positive environmental impact by lowering the paper footprint.
Distinct Terminologies for Using Technologies in Courts
The use of technology in courts is referred to by a number of phrases, some of which are used in a confusing manner. We compile a list of words and meanings for this area based on the E-Courts Phase III Vision Document and Department of Justice materials.
Online Hearings
the procedure wherein both or one of the parties present online to perform court business via video conference. During the COVID-19 epidemic, online hearings were used extensively without any further judicial process digitization.
Digital Court
This court performs several procedures that are currently completed in person using a digital platform. These courts no longer require parties to present hard copies of their affidavits and petitions, nor do they require required in-person hearings. Online filing and payment systems are connected with these courts (E-Courts Vision Document-Phase III, p.10). This has actually meant a courtroom where court documents, including signed documents and tangible evidence, are gathered and kept in a tangible format.
The judge and all parties are then given access to these after they have been digitalized. Although these courts may hold hearings and record evidence online, they frequently opt to have in-person sessions. Additionally, they still demand that parties get actual summonses and that the court receive physical proof. The Delhi Courts have adopted this under the Digital Negotiable Instruments Act.
Paperless Courts
A paperless court uses a digital platform for all of its operations. These include creating the list of cases that will be heard that day, dictating and storing orders, and using a dashboard to provide case progress information. Hearings in these courts may be held in person. To create an electronic file for the judge, physical documents and supporting documentation are digitized. In a paperless court, digital records replace physical records as the primary means of internal court operations. A paperless court merely modifies the internal operations of the court, but a digital court concentrates on transforming the interactions between the litigant, attorneys, and judge into digital forms.
Virtual Courts
Parties will not be required to appear in person for any proceedings or procedures in a virtual court. Everything may be done online, including filing a case, delivering summonses, submitting evidence, and recording statements. These courts aim to radically reimagine the adjudication process, which sets them apart from the simple usage of video conferencing technology in courts.
Examples that are often referenced to demonstrate the advancements in technology in courts are the Digital Courts in Delhi and Kerala. These advancements fall under the categories of online hearings and digital courts, although they are not entirely virtual courts.
Use of Technology in the Justice System
Due to the COVID-19 epidemic, social separation has become the new normal, creating an unusual condition. As a result, courts across are forced to investigate technology-driven alternatives, such as electronically filing pleadings and holding hearings before judges by video conference, in order to minimize in-person interactions.
The Indian court system's efficiency and service will be greatly enhanced by the further integration of technology. More than 43 lakh cases are still waiting in 25 High Courts, creating a massive backlog of litigation in all courts. Currently, nearly 8 lakh of these instances are more than ten years old.
The main use of technology by the Indian court has been to post cause lists and orders online for litigants' convenience, but this has been done on a very small scale. The Supreme Court of India has ordered all courts to adopt video conferencing for court hearings in light of the epidemic.
The use of technology and strategies in online dispute resolution (ODR) can improve the effectiveness of current ADR procedures including mediation, arbitration, and negotiation. ODR has helped nations like Singapore, Australia, the United Kingdom, and the United States of America by lowering reliance, expanding access, and lowering prices.
At the moment, the majority of court records are kept in tangible form, either in files or registers. Physical papers have the drawback of being easily altered and deteriorated. Additionally, there are a lot of witness accounts, supporting documentation, and evidence statements.
It is best to maintain papers in an electronic format to make operations easier. Additionally, it reduces the amount of time needed to send the document from one institution to another. Instead of depending on their physical counterparts, judges and attorneys can easily consult electronic versions of pleadings and related papers. At the departmental level of the judiciary, electronic payment of court fees, filing fees, and other associated operations can greatly facilitate operating ease.
Priority one should be given to security and privacy, and a foolproof system should be built. A proactive strategy is required to reap the benefits of digitization, and courts nationwide must be more open to implementing technology for filing and other related procedures.
Conclusion
The way justice is administered in India might be revolutionized by the incorporation of technology into the legal system through digital platforms, e-filing, and virtual courts. These technology advancements have the potential to increase the effectiveness and reach of the legal system by lowering expenses, increasing accessibility, and speeding up case resolutions. Although there are still issues with security, privacy, and maintaining digital literacy, overall, the advantages exceed the drawbacks.
The growing backlog of cases will eventually be addressed by the ongoing development of electronic court records, online dispute resolution, and a completely digitalized infrastructure, which will make the legal system more efficient and available to everyone. Transparency, security, and privacy must be given top priority when Indian courts adopt these reforms in order to guarantee an equitable and efficient legal system in the digital era.