The document discusses the implementation of information and communication technology (ICT) in the Indian judiciary to modernize the legal system. It outlines several key components of developing "e-judiciary" including case information systems, digitization of records, e-courts, e-filing, and other e-services. The goals are to reduce paperwork, improve efficiency of case processing, enable online access to court documents and services, and address issues like pending backlogs and delays in the current system. While progress has been made in establishing the first paperless e-courts in India, the document acknowledges there is still work remaining to fully realize the vision of modernizing the judiciary through ICT.
3. INTRODUCTION:
E- Judiciary a step towards modernization in Indian legal system:
Indian legal system has a long history under different rulers and though it
underwent changes but the basic structure of it did not alter
significantly.
After independence the old system continued to a great extent under the
frame work of Constitution of India and Indian judiciary became a unified
pyramid structure.
The modern India has retained the said structure but the information and
communication technology has virtually paved a new line of thinking in
modernizing Indian judicial system.
An overall review of the development in administration of justice till now
achieved and the things to be achieved are going to be considered in the
light of artificial intelligence and its use in court processes.
4. Why we need e-Solutions in Court
The rapid accumulation & slow disposal rate of pending cases has increased
burden on our judicial system tremendously.
So far very little has been done inside the courtrooms to streamline overall
functioning and to provide assistance to the Judges.
Physical Record Management is extremely unwieldy, inefficient and
cumbersome.
Judges depend on case files, physical evidence & records.
Cases/Judges/Courts keep on changing during the course of judgment.
Witnesses and accused may change their statements and turn hostile.
Courts have to maintain sizable records in paper form, which is prone to
physical tempering & environmental degradation.
5. How ICT Implementation Planned :
Bringing up current IT Infrastructure to modern day technologies,
which includes Hardware Sourcing, Data Center and Web Server
Hosting setup.
Implementation of Integrated e-Filing, e-Courts and Case
Information Management System (CIMS)
Development of Court Website integrated online with e-Filing
ICT training to Judges, Registrars, Clerks, IT Admin and Support
Team
Support & Maintenance of the Software Application
7. Present and Future of Judiciary
Rapid accumulation & slow disposal rate Slow accumulation & rapid disposal rate
Physical carrying of Case File and evidences
to Courtroom.
No need to carry as they are available at click
of a mouse.
Files prone to tampering & environmental
degradation.
Tamper-proof records with information life
cycle support.
No Visual playback of the case Video records will help to Playback
No provision of sharing case information
online.
Different courts are able to share the
information online.
Required Case documents and evidences
are submitted manually in Court.
Through e-filing in e-Court concerned stake
holders can depose/upload the documents to
the case file from their own premises.
Case cannot proceed due to the non-
availability of accuse/witness on the
scheduled date.
Though video conference facility they may be
allowed to participate in proceedings from
remote locations.
Physical Transfer of case to other courts
cause long delays
No such effect. Files can be transferred across
Courts in seconds.
8. Main Components of E-Judiciary
Case Information System
Digitization
E-Courts
E-Filing
Various E Services
9. Case Information System
On the directions of Hon’ble e-Committee,
Supreme Court of India, NC CIS 3.0 has already
been implemented in all the Districts Courts.
It is a unique software for all the Courts in India
introduced to maintain uniformity between the
working of Courts in India.
10.
11. Digitization of Paper Records
Digitization of decided cases;
Indexation of such digitized records on key
parameters for easy retrieval;
Authentication of digitized records and
simultaneous weeding out of paper records; &
Digitization of current files and simultaneous
introduction of e-filing.
13. E-COURTS
Would entail that from presentation of a plaint
or petition till its disposal and archival, no
paper is used!
Since all the documents would be in digital
form, it would solve the problem of shortage of
storage space.
Since it would be a paperless and automated
court, it would reduce the burden on human
resources.
14. Digitization of decided cases;
Indexation of such digitized records on key
parameters for easy retrieval;
Authentication of digitized records and
simultaneous weeding out of paper records; &
Digitization of current files and simultaneous
introduction of e-filing.
ESSENTIALS FOR AN E-COURT
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15. Digital Authentication with physical signatures through
suitable bio-metric devices.
On-line payment of court fees, process fees etc.
Preparing e-case file using a portfolio format.
Integration of document management system (DMS) with
case management system (CMS).
ESSENTIALS FOR AN E-COURT
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16. Time Saving and efficiency:
Paperless courts would lead to increased
efficiency and would save time.
Audio-visual evidence:
Audio-visual evidence can easily be captured and
presented in the Court.
Main Benefits of E-Courts
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17. e-Hearing (Courtroom Technology):
Computer for judge with LCD touch-screen display
monitor-large enough for reading 2 pages at a time.
One computer each for the typist and reader.
Computer connection points for the lawyers.
Facility for video-conferencing and audio video-recording
of evidence and large LCD display panel.
E-Court Hearing
18. … e-hearing:
Connection to high speed LAN for accessing case files and
case management details located in servers.
The judge would, on the click of a button, have access to e-
case file.
The reader/court master relieved of the burden of lifting
heavy files and worrying about papers of different case files
being interchanged.
The advocates would bring their laptops and open up the
relevant case files while arguing.
E-Court Hearing
19. Orders and judgments would be typed by the Stenos on
their computers which can be accessed by the Judge over
the LAN and corrected without requiring any draft being
printed on paper.
The finalized orders/judgment would be signed by the
judge using his digital signature and would be added to
the relevant e-case files via the DMS and CMS.
E-Court Orders/ Judgments
20. Digitally signed copies of orders and judgments would be
uploaded instantly onto the court website for easy access
over the internet.
e-copies of entire e-case files would also be made available
on-line to the parties or authorized agents on nominal
payment.
Certified copies either in paper form or digital form would
be provided by the court registry.
E- Court Copies
21. Oral depositions would be recorded on audio-video devices
supplemented by digital transcription.
Evidence files to be authenticated by witnesses and judge
using digital signatures/bio-metric devices.
Facility for recording evidence via video-conferencing of
high-risk witnesses, child witnesses, old and infirm
witnesses.
e-evidence would also facilitates recording and maintaining
of multi - media clips etc.
E-Court Evidence
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24. On-line via internet from Home or Law
Office
e-kiosks in the court premises
Via other storage media – DVD-R
Via Pendrive
E-Filing
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25.
26. Service of summonses, notices, warrants through e-
mail via the internet.
E-mails could be send to the nearest post-office/
courier office and served on the recipient locally.
The digitally authenticated service report transmitted
to the court registry via e-mail.
Various other important E-Services
27. The court would provide dynamic cause lists over the
internet and mobile phones.
The e-cause lists would also be e-mailed to advocates.
Parties to be alerted of next dates via e-mails or SMS.
GPS enabled Camera Phones to the Process Servers for
effective service of Notice/Summons
Online status of Certified Copies as well as delivery of
Digitally Signed Certified Copies online
Various other important E-Services
28. Courts must be litigant-friendly.
There are three ways in which a litigant can directly obtain
information from the court:
-Via the facilitation centre in the court premises
-Via e-email
-Via Mobile Phone
-Via the website.
The website is the preferred mode of providing information.
E-Information
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29. E-Courts/E-Judiciary is a reality in India.
We have to prepare ourselves to face this challenge.
Our mindset has to change.
More transparency in functioning of Courts is need of the hour.
It will be a giant step towards clearing of backlog of cases.
Conclusion
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30.
31. INDIA’S FIRST PAPERLESS E-COURT AT DISTRICT LEVEL
E-Courts became a reality in India about 10 years ago when India’s first E-
Court at District level was inaugurated in Delhi.
Now Delhi District Courts have 12 functional e-Courts and 11 E-FIR Courts.