Haryana Chief Secretary Sh. Anurag Rastogi has issued comprehensive instructions directing public servants working in the state to utilize ‘audio-video electronic means’ for tendering evidence and appearing as witnesses in court proceedings. The directives align with the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which facilitates the examination of witnesses and the appearance of individuals in courts through modern audio-video technology.
To ensure effective implementation of this technology-driven initiative, Sh. Rastogi outlined several directives. In a letter to all Administrative Secretaries, Heads of Departments, Managing Directors, and Chief Administrators of Boards and Corporations, the Chief Secretary emphasized the strict adherence to these directives in both letter and spirit. Any laxity or non-compliance will be dealt with seriously.
Mandatory Use of Audio-Video Means
All dealing officers and officials of the Haryana Government are responsible for ensuring that their evidence or examination as witnesses in their official capacity is conducted through audio-video electronic means. Officers/officials must coordinate proactively with the court officer managing the video conferencing facility or the concerned Public Prosecutor to ensure smooth execution of their testimony.
Physical Appearance in Court
If a court mandates the physical presence of a government officer/official for tendering evidence, the individual must seek prior permission from their Head of Office, providing detailed reasons and justification for such an appearance. The Head of Office must assess the necessity of physical attendance and ensure permissions are not granted routinely or mechanically.
Unauthorized physical appearances without approval will result in the denial of Travel Allowance (TA) and Dearness Allowance (DA), and may invite disciplinary action under relevant service rules.
Successor Officers and Evidence
Under Section 336 of the BNSS, 2023, if a document or report prepared by a public servant is to be used as evidence, the successor officer holding the same post at the time of deposition may tender evidence on behalf of the original officer, if directed by the court. This too can be done via audio-video electronic means.