Dr. B. C. Roy Engineering College Interim Report

http://egov.engineeringwatch.
in/
campus gov
Linking eGov Projects to Engineering Campuses
INTERIM REPORT
Programme
NeGP MMP: eCourts
DR. B. C. ROY ENGINEERING COLLEGE
2013 -14
FOR
BY
campus gov
http://egov.engineeringwatch.in/
[1 / 17]-

INTRODUCTION

Before any Discussion about E-Courts we rst need t o familiarize ourselves with
Traditional Court process and the need for E-Court.sFirst of all, any court process
deals with involvement of human resource of severa llevels of the governing body.
Rening the term Human Resource in this context rw eef er to judges, lawyers,
police, victim, criminal / accused and also civilians. The court can deal with several
types of cases which may be Criminal or Civil in n ature. Though there are a lot of
variations, a very few common crimes are listed below.

Criminal Cases may include:
Financial Fraud
Bank Robbery
Counterfeiting
Kidnapping
Committing a crime on government property
Theft
Using unauthorized rearms

Civil Cases may include:
Suing for property damage
Issues regarding freedom of speech
Religious conicts

So it can said that a civil case is when two people t a kee each other to court, a
criminal case is when the city/state/federal government takes someone into court.

Now after this brief discussion regarding the basictraditional court process, we can
get further into the procedures and E-Court requirements and other issues.
campus gov
Interim Report on NeGP MMP: eCourts
Prepared by
eGov Campus: Dr. B. C. Roy Engineering College, Dur gapur

[2 / 17]-

HIERARCHY OF COURTS IN INDIA
Fig.1. shows the owchart depicting the hierarchy of courts in India. We can see
that Supreme Court is the highest priority court in India situated in Delhi. Next
come the High Courts, which are almost at every state of India, specically one High
Court per one state.
Most low level of courts is District Courts and Local/Regional Courts where the rst
ling of any case is taken into account.
HISTORY
The Indian judiciary comprises of nearly 15,000 courts situated in approximately
2,500 court complexes throughout the country. The total no. of pending cases in
these Courts as on 01.01.2005 was 2, 94, and 97,251.
In the Indian Judiciary, effort for computerization of some of its processes has been
going on since 1990. From 2001-03, 700 city courts in four metros were
computerized and during 2003-04, computerization of another 900 courts were
undertaken.
Need was felt to make the programme of ICT enablement of the Indian Judiciary
mission-critical. Under NeGP as a MMP, it is proposed to implement ICT in Indian
judiciary in three phases over a period of ve years. The project scope is to develop,
deliver, install and implement automated decision making and decision support
system in 700 courts of Delhi, Bombay, Kolkata & Chennai; 900 courts in the 29
capital city courts of states and UTs and 13000 district and subordinate courts.
The e-Courts project was conceptualized on the basis of the National Policy and
Action Plan for Implementation of information and communication technology (ICT)
in
campus gov
Prepared by

[3 / 17]-

Indian Judiciary 2005 submitted by e-Committee (Supreme Court of India),
with a vision to transform the Indian Judiciary by ICT enablement of Courts.
As on 31st January 2014, 13,227 district & subordinate have been computerized
in
the country. It is proposed to complete computerization of remaining Courts by
31st March, 2014. The basic infrastructure for ICT enablement consists of
various modules such as setting up of LAN and Hardware, deployment of Case
Information Software (CIS) application software, and establishment of WAN /
broadband connectivity.
MOST ESSENTIAL REQUIREMENTS
Managing the whole trial process of a court, when carried out electronically, deals
with the extensive use of secure networks and communication capabilities.
Most desirable management can be achieved if every layer of whole system of
governance can be assisted with same kind of technology and they must be
interconnected so as to provide transparency within governing sectors.
First of all there should exist a central database that will contain all the
necessary rules and as amendments occur they need to be updated every time.
The access to this database should be public, so as to maintain transparency of
governance.
Next there should exist a reference database that will contain all the references
lawyers use to carry out a trial. This database should be remotely available to all
the
courts and the regional changes in certain laws and reference should also be
attached within that. The update process of this database is critical as it will deal
with large amount of data which is of varied nature and proper authentication is
needed to successfully update it.
campus gov
Prepared by

[4 / 17]-

Finally all the people of the governing body should have access to high tech
terminals so as to always monitor the process of e-trial. There must exist a strong
communication channel when remote trials are carried out or else delay can
convey wrong information leading to wrong judgments.
After all these there exists the security aspect. The databases must be protected
from illegal use and as all levels of governance will have access to them so there
must exist some access constraints, where most of the levels will have a read-only
access so that the sensitive data within the databases is not manipulated leading
to serious disorder in the trial process and will eventually affect the governance.
Below there is a brief discussion about what inuence can technology can have
over the traditional court system.
The system application is broadly categorized in four major privileges areas
interlinked with courtroom operations. They are Judge, Administrator, Courtroom
staff (Steno, Almad, Reader, etc.) and other users (like Public prosecutor, lawyers).
Application features are made available as per there functions and dened roles
and responsibilities. Some of the major tasks of the entire workow are explained
below:
Digitization of Case les
A scanning room has been created inside the courtroom where case les are
brought rst. The case les are then scanned & digitized and uploaded in
encrypted form on centralized storage server so that authorized person can access
the case les through the software interface. In earlier system, bringing the case
les from store room take lots of efforts which can be saved now. Here authorized
user can access the case les from anywhere on a single click.
campus gov
Prepared by

[5 / 17]-

Paperless Deposition
The proceedings of court are completely paperless. The deposition is typed by steno
on computer and the draft deposition is visible to the Judge and to the lawyers on
their screen. Once the draft is approved, the deposition is then digitally signed by
Judge. This le is then uploaded & gets appended in to the case le.
Recording of court proceedings
The court proceedings can be recorded with multiple high quality PTZ camera
through interface provided to Judge. The recordings are also kept in encrypted form
on server. The user can access these recordings from the software interface which
makes the user (Judge) ashback easily that what happened last time in this case
and easily track the progress of the case.
Video conferencing
Using video conferencing any person can give his/her deposition from remote place.
He/she just needs a video conferencing setup either hardware or software based
with internet connection. Initially three hospitals, FSL, two police stations and jail
are connected to e- Court for video conferencing. Producing accused/witness every
time in court consumes enormous amount of resources (transportation cost,
security time and manpower etc) of the government, Using Video conferencing, they
can give their deposition from hospitals and jails.
Evidences capture
Technology provided imaging solutions for evidences and documents to court. The
images from police, hospitals reports etc. can be uploaded from camera or any other
imaging source. There is one visualizer to view & capture evidences and indexed
with the in court case records.
Provision for DVD writing
campus gov
Prepared by

[6 / 17]-

If any person (lawyer or concerned person) wants digital documents or videos of
case, there is provision of providing required data on a CD/DVD, instead of using
volatile storage devices.
Data sharing from remote location
The police, hospital staff and other civil places can remotely upload the documents
or view the documents.
Court live proceedings
The courts live proceedings can be seen on courts website by authorized person. If
any person (lawyer or concerned person) wants to see live proceedings, he/she has
to ll an online Registration form and after reviewing the application by
administrator, access can be given to person for the particular case.
ESSENTIAL REQUIREMENTS
The different layers of governance should be assisted by technically skilled people so
that no error occurs because of technical difculties.
Every level should be made aware in the basics of using any technology based on
computers which will help them to co-relate themselves during a trial in the court.
An e-ling system should be implemented which will allow any person to lodge a
complaint against any crime online instead of going to the police station as the rst
step. This will be a much faster way to make the police aware of any crime. Though
only ling a report online will not do, there must be a physical presence of both the
witness/person who lodges the complaint and the police ofcials at a later stage but
as an initial step the e-ling which the rst step of the e-court process is much more
effective.
campus gov
Prepared by

[7 / 17]-

Application software
This software is to be developed by NIC under the guidance of e-committee.NIC aims
at designing a unied software and schema so that this would help in integration of
the courts and easy transfer of cases between different courts.
Application software will be based on common data structures and functionality.
the commonly used platforms for developing these softwares are oracle php ,mysql
in the front end and PERL , PSP, ASP in the back end.
Technical manpower
Skilled professionals will be deployed at the courts to train the judges and the court
staffs and to maintain the ICT infrastructures such as printers, scanners LAN,
internet connectivity, communication devices, etc
Technical Basics Workshops
All the traditional Human Resource involved in the court process must be trained by
technically sound professionals so that they can be aware about the working and
functionality of any application software used in the trial process.This is must to
ensure that no human dened error happens during any court proceedings.Though
there are technical people's assistance throughout any court process, but it is
essential that every person involved should be made a tech savvy so as to keep a
constant and uid work-ow.
DESIREABLE REQUIREMENTS
After all the above discussions still there is a lot to be done when met with the
actual circumstances. Changing a entire traditional system suddenly with electronic
system will not be a feasible solution when all of the human resource belonging to
the traditional governance is unaware of the usage of the advanced technology and
campus gov
Prepared by

[8 / 17]-

they must either learn it completely or can work with the guidance of skilled
technical hands.
The security aspects are a major issue while maintaining the reference database and
knowledge base, advanced encryption must be implemented to protect the data from
being manipulated by external media. The traditional governance cannot provide
security to the digital system, rather they can help it to sustain and work effectively.
Finally it is sure that implementation of e-courts is effective and fast but both the
traditional and digital domains must merge and work collaboratively to successfully
run this service.
Computer Server rooms (CSR) Judicial Service Centers (JSC) would set up in all the
court complexes. All judicial ofcers would be provided with laptops. Digital
interconnectivity
would be established between all courts from the taluka level to the
apex court. The project also aims at creation of e-ling facility in the Supreme Court
& high courts. The rst phase also envisages development of comprehensive &
integrated Customized software application for the entire judicial system with
regional languages support.
It would be possible to provide ICT coverage of judicial process from ling to
execution level & also of all administrative activities and creation of information
gateways between courts, public agencies & departments. The project is expected to
lead to complete demystication of the adjudicatory process thereby ensuring
transparency, accountability & cost-effectiveness.
TRIALS AT A GLANCE
Fig.2. clearly depicts a court trial procedure in step by step manner. This particular
diagram specically focuses on a Criminal Trial, but as for any civil trial, most of it
campus gov
Prepared by

[9 / 17]-

is in a generalized way, so any civil trial will be up to some extent same as this as
shown.
eCOURTS CONCEPT CATEGORIZATION - MOST ESSENTIAL
Advocate
A person authorized to appear in a litigation on behalf of a party. An advocate
possesses a law degree and is enrolled with a Bar Council, as prescribed by the
Advocates Act, 1961. Advocates are the only class of persons legally entitled to
practice law. They provide legal advice.
Challan
It is the police report led under Section 173(2) of the Code of Criminal Procedure,
1973 after making investigation into the commission of an offence.
Cause List
List issued by the Registry of the matters to be heard by the court on any day. The
bench, courtroom number and the position of the matter are indicated.
The cause list may
take myriad forms: weekly list, advance list, supplementary list
and the daily list.
Cause Title
Title of the case giving the number of the case and the names of the parties.
Epistolary Jurisdiction
A term referring to change in the procedure of the courts allowing letters to be
treated as writ petitions.
Notication
campus gov
Prepared by

[10 / 17]-

Notice, information or announcement published in the ofcial gazette notifying, for
instance, the coming into effect of a changed law.
Registry
This is the administrative machinery of a Court which deals with the ling,
registering and listing of cases, issuing copies of orders and notices to parties,
maintaining and preserving records. The Registry is also responsible for the
maintenance and security of the court premises. It is headed by a Registrar General
or a Registrar.
eCOURTS CONCEPT CATEGORIZATION - ESSENTIAL
Admission
After a case is registered it is placed before the Court for its hearing, known as the
preliminary hearing. The Court considers whether the case should be proceeded
with by directing the respondents to show -cause why the petition should not be
admitted.
Adversarial Procedure
A way of adjudicating a dispute in which one party asserts a claim or a right, and
the other denies it. The dispute is usually resolved by the acceptance of one claim
and the rejection of the other, making the proceedings adversarial. This is
recognized in the Code of Criminal Procedure, 1973, the Indian Evidence Act, 1872
and the Code of Civil Procedure, 1908. See inquisitorial proceedings.
Afdavit
This is a sworn statement made by a party, in writing, made in the presence of an
oath commissioner or a notary public which is used either in support of applications
campus gov
Prepared by

[11 / 17]-

to the Court or as evidence in court proceedings. In writ jurisdiction, cases are
generally disposed of on the basis of afdavits.
Commission
A commission is appointed by a court to ascertain or investigate facts needed to
decide a case. A commission is usually given specic terms of reference. Members of
a commission have been chosen from amongst experts, academics, social
activists/workers, advocates, judges and others. Costs of the commission are
usually borne by the State. Such commissions have often been appointed in PILs.
Court Master
An ofcer of the court who occupies a seat just below the judges Dias and assists in
the conduct of proceedings.
Grounds
These are the reasons or justications in law, stated in a petition to a court, on the
basis of which reliefs are asked from the Court.
Inquisitorial Proceedings
Fact-nding proceedings, not necessarily involving disputing parties. The Court
investigates and ascertains the facts of a matter, for instance by appointing
Commissions, which are given specic terms of reference. Often faced with difculty
in getting all the information necessary to resolve the issues brought in PIL, the
Court has found this procedure to be convenient.
Interim Order
Any order by a court before a nal order is made.
Judicial Review
campus gov
Prepared by

[12 / 17]-

A term that describes the function of the judiciary being able to examine and
correct
the actions of all the organs of Statethe executive, the legislature and the
judiciary
itself. Judicial review is part of the basic structure of the Indian Constitution.
Junior Advocate
Any advocate, who wants to practice law, enrolls with a Bar Council and generally
begins work in the ofce of a practicing advocate.
Jurisdiction
This indicates the scope and extent of a courts powers. For instance, a court only
has territorial jurisdiction within the territory over which its powers extend.
Stay Order
A party ling a petition may require some immediate relief, even before the
respondents can be heard or a nal decision given. An application is led seeking
an interim order either to prevent the respondents from performing an action that
will affect the rights of the petitioner or to prevent an order from being carried out.
eCOURTS CONCEPT CATEGORIZATION - DESIRABLE
e-Reference
E-reference can be used as term to imply any reference which is stored
electronically that is required at the time of trial by the advocate or lawyer.
e-Files
E-les refers to the electronically stored les containing laws and rules which are
constantly updated over time and monitored for any amendments and these E-les
can be the main source of information regarding any court issue or trial process.
campus gov
Prepared by

[13 / 17]-

EXISTENCE OF E-COURT
In North-East India, under Gauhati High Court, Kamrup District court of Assam is
being considered as the pilot site under e-Courts project. The Site preparation work
including ICT room construction, deployment and installation of various Hardware
and Networking items including Touch screen Kiosk information systems,
implementation of CIS software are already done in various court complexes in
Kamrup district as well as in various district courts. Various objectives under e-
Courts project has already been attained in Kamrup district Judiciary. The Judges
and court staffs are being trained on various modules of e-Courts project. The
Judges are being provided with personal laptop, laser printer and internet
connectivity under the e-Courts project. The website for Kamrup District Judiciary
has already been hosted by the name www.kamrupjudiciary.gov.in and is being
fully functional. Daily causelists, judgments and various key informations are being
uploaded on daily basis. Kiosks Information Systems are being installed in various
court complexes under Kamrup district judiciary, which helps the litigants and
lawyers not only to search the case status using either case number and year or
petitioner/respondents name but also to check daily orders and judgments.
The major developments under e-Courts project are already being completed in
Kamrup District Judiciary and hence witnessing the work progress, on 27th
September 2011, Honble Chief Justice of Gauhati High Court, Mr. M. B. Lokur in
presence of the other Honble Judges of Gauhati High Court inaugurated the ICT
rooms, Kiosk Information Systems and the Kamrup District Judiciary website of
various court complexes under Kamrup district.
OUTCOME OF E-COURT
The entire existing les in Karkardooma e-Court have been digitized and a touch
campus gov
Prepared by

[14 / 17]-

screen has been installed on the dais of Judge. He can view any le of the e-Court in
digitized form by searching for the same date-wise, name-wise or Act/Section wise.
There is a provision of a document visualizer and any document can be projected on
the LCD Screens installed in the e-Court, so that the same are visible to the
accused, witnesses or the prosecutor in the same Court, as well as when they are
connected through Video-Conferencing. Other stakeholders of the case can have
access to e-Files using secure login and password. The overall impact of
establishment of e-Court will result in quick disposal of cases, ease of record
maintenance, reliability of the evidence recorded and to bring more transparency in
the functioning of the District Courts.
OTHER BENEFITS
Reduced paper work.
Ease of record maintenance i.e. Alow the judges to see e-les for review.
Can be used by judge, judicial fraternity to review the case.
Use as a backup by concern persons who have some doubt about the
authenticity of the documents.
Different courts will be able to share the information online.
Playback live proceedings for court audience.
Use of digital signature & encryption for integrity of documents.
Tool for Education & Training of judicial ofcers and courtroom personnel.
Doctors need not to cancel appointments for critical/emergency patients.
Court, Hospitals, FSL, Jail can simultaneously share their
presentations/documents and other information online in a secured mode.
Remote parties can depose through Video Conferencing facility using ISDN
and Broadband links in e-Court.
The documents of high secrecy which cannot be moved out of the department
but needs to be shared with other agencies can be directly presented and
campus gov
Prepared by

[15 / 17]-

discussed upon.
System will increase physical security of doctors by not visiting the court
thereby avoiding any physical presence in front of the accused or criminals.
Doctors can depose and give expert opinion in much more relaxed and
conducive environment.
System can be used for other medical benets other than the judicial matters.
Travel and other related cost will be saved.
Efcient Data management through the Application Software. The main
benets of proper Data management approach includes daily causelist and
court diary generation, periodical statements, automatic marking of cases,
year wise judge-wise casetype-wise pending case statements generation,
provisions are also made to generate automated summons, warrants and
notice generation all at the press of a single button.
CONCLUSION
This is a state-of-the-art technique for introducing ICT in Indian courts for digitally
preserving case les and visual information in chronological sequence. The design
will help our judicial system to streamline and accelerate their operation and case
disposal rate in secure and cost effective manner.
With the growth of Information and Communication technology in India, it is just a
matter of time how fast the e-Courts works will grow in Judiciary System in India.
But with the Judges and court staffs being serious and more concerned in todays
working environments, nothing seems to be impossible and the goal of the e-
Courts project could be attained soon.
Fast and fair trial has always been a long awaited dream for the citizens in India.
The experience of a person undergoing trial has never been pleasant so far. Hence
campus gov
Prepared by

[16 / 17]-

hoped that in the coming time, e-Courts will prove to be a landmark in the life of the
there is a need of ICT enablement of Indian Judiciary for trails to be quicker. It is
people and transform their anticipations into reality.

ILLUSTRATIONS

Fig.1. Flowchart depicting the hierarchy of courts in India

campus gov
Prepared by

[17 / 17]-

Fig.2. Court trial procedure

Dr. B. C. Roy Engineering College Interim Report

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Dr. B. C. Roy Engineering College Interim Report

Uploaded by

Copyright:

Available Formats

http://egov.engineeringwatch.

You might also like