1
Optimization of judicial time for aspects that need judicial application of mind
Judge time and bandwidth is a scarce resource. It must be spent on judicial functions. The new rules provide for a division of responsibilities - the judge is enabled to perform the actions that require judicial application of mind; whereas the court more broadly, including the court staff or the digital platform that powers the court, is enabled to perform ministerial and administrative responsibilities such as rescheduling of cases. Further, it is clarified that just because an action requires judicial application of mind, the judge is not prevented from using the digital platform for such actions, as long as the Magistrate is controlling the results.
2
The Court can use its Digital Platform as an agent to perform administrative functions
Aside from delegating certain non-judicial responsibilities to the court officers, the Court is also empowered to use technology to aid it in ministerial and rule-based aspects like scrutiny, listing, etc. The new rules prescribe that after the judges set up and transparently publish the standard rules for escalation of summons, rules for file scrutiny, and for scheduling of cases, the execution of these rules is a ministerial function that the court can oversee over periodic intervals. The Court can also use these systems to guide about the information that they must provide at the time of filing or responding to a case.
3
A case can be progressed asynchronously without a hearing
Today, a hearing is required to progress the case. A hearing requires synchronous availability and presence of the judge, parties, and their lawyers. Considerable time is spent in coordinating this schedule. However, many aspects of a case can be progressed without a hearing. They do not require synchronous presence, or even the presence of all these three court users. The new rules enable the court to take actions like reissuing summons, or rescheduling a case to a next date, etc., as soon as the need arises without the requirement of a hearing, and without necessitating synchronous presence of all these three users.
4
Additional certified true copies of documents like orders & judgments are not required
Before, when copies of documents were made physically on paper, you would require the court to physically stamp these documents to certify that the photocopies were accurate versions of the original. In a digitally-native court, the original version of the orders, judgments, and other information can be made available on the court system/ website, for the users to download. Additional methods of verification, like stamping by the court as true copies, would not be required for the court to consider these documents valid. This also means that parties need not pay additional copying or other fees for this purpose.
5
Provision of clear and structured communication to the users for clarity and transparency
For example, the new rules provide for summons to give clear guidance to parties, including information on the nature of the complaint, required documents, next steps, and timelines. Similarly, the rules provide guidance on aspects that an order must include, in order to provide clarity to the parties about next steps.
6
Multi-channel delivery of processes
Processes can be delivered both on physical and electronic addresses, increasing the likelihood of delivery and appearance of the accused.
7
Additional applications for aspects that are a matter of right, like bail in a bailable offence, are not required
Bail terms in offences like cheque dishonour cases are fairly standard, unless the case concerns special circumstances. In such cases, the judge needn’t wait for the accused to appear before the court to set bail terms, and can do so at the stage of summons itself. In this manner, within the first hearing, the accused can fulfil the bail terms or, in case of any special circumstances, request the court to modify the bail terms. In conclusion, the rules empower the judge to act on their own, without requiring the parties to initiate additional processes, thereby saving time and effort for all involved.
8
Additional applications for aspects like refund of bail amount, etc., are not required
Today, parties need to file an application for aspects like refund of bail amount. This is because the court operates in siloes - its various departments like accounts and courtroom do not exchange real time information with each other. In a digitally integrated, single-window court system, information can move seamlessly across internal departments, eliminating the need for formal applications to initiate processes that are purely administrative and internal to the court.
9
Additional attestation on documents like vakalatnama or affidavit is not needed
Today, such attestation plays the role of verifying the identity of the signatory. The Digital Platform permits such identity verification at the time of creation of the user account itself, removing the need for any additional attestation or document witnesses.
10
Multiple signatures on different documents submitted together not needed
Today, parties and advocates sign the complaint, affidavit, and vakalatnama separately. In a digital world, since these documents are submitted at one go, parties can affix a single sign on these documents to authenticate them. A separate signature for each of them does not add value.
11
The Court can sit beyond court hours at the request of the parties
In case the parties have to miss work to attend court, the rules allow them to request that their hearing be scheduled outside court hours.
12
Promote expeditious disposal of cases
The judge is empowered to decide as many aspects of the case as possible in a single hearing. For instance, the judge can grant bail, record the plea, and prepare a trial schedule on the same day. Similarly, the parties, their lawyers, and the judge can align on a trial schedule at the beginning of the case itself.
13
Same case number for the case from start to end, and interim applications do not take a separate case number
Earlier, giving interim applications distinct numbers may have assisted courts in identifying and listing them separately from the main matter. However, in a digital court system, such differentiation can be effectively managed through case metadata, making separate case numbering unnecessary. Multiple case numbers for aspects of the same matter make it difficult for the litigants and other users to track their cases. In addition, it may also lead to data inaccuracies, as one case can be recorded and counted more than once.
14
The court provides a minimum set of services to its users including a help desk, and a feedback system
This ensures that court users don’t feel lost in court processes and have support. This also enables the court to continuously improve itself on the basis of feedback from users.
15
Proactive updates from the court
Wherever possible, the court must provide proactive updates on case status, actions that the parties need to take, and fees that need to be paid, to the users.
16
Enable an ecosystem of actors
Rather than focus on developing all the solutions itself, the Court curates the right environment and infrastructure for solutions to emerge rapidly from the ecosystem to create a multiplier effect for change. For example, in a phased manner, the Court can enable third-party providers to integrate web-based or chat-based filing interfaces with the court filing system. Such an approach allows the judiciary to optimize its time and resources towards core judicial activities and minimise its efforts towards administrative and technology efforts, such as improving solution interfaces with users.
17
Transparency, and accountability using open data
The data collected in the system, as far as possible, is available on a public dashboard. This data is periodically reviewed by the Chief Judicial Magistrate, the Principal District Judge, and the High Court, to track the progress of cases, and improve the system.
18
Maintenance of records digitally, without the need to maintain multiple registers with overlapping data
Traditionally, courts relied on separate registers for fines, witnesses, and other administrative aspects, because physical record-keeping was the only means of ensuring accountability and institutional tracking. Much of the information recorded in these registers duplicates data already contained in the case file. In a digital system, such data can be automatically captured from electronic case records, organised in structured formats, and made accessible to relevant stakeholders through integrated dashboards, thereby reducing redundancy and improving accuracy.
19
Eliminate process fees
Today, process fees are charged every time the judge decides to issue or reissue the process. As per data, 30% cases at summons stages stay pending because of non-payment of this process fees. These rules do away with any additional process fees that the court charges for the issuance of processes. It also enables the court to charge any delivery fee that may be required for the processes at the time of filing itself, reducing the need to pay such delivery fees at multiple stages.
20
Eliminate court payments using physical stamps
Before, physical stamps were invented as a practical and secure way to verify and record payments to governments and institutions. Today, when users can make payments online, with a non-repudiable online record of transfer, the need to purchase, affix, and cancel physical stamps adds friction to the court process and is unnecessary.
21
Eliminate Roll Call
Today, courts in a day hear both (a) substantive aspects like evidence that required a hearing, and (b) other aspects like reissuance of summons that may not necessarily require a hearing. In addition, many cases would get adjourned. Therefore, the court would do a roll call in the morning to close the cases that are going to get adjourned and hear the cases that do not have a substantive aspect. After closing a majority of the cases like this, the court would take up hearings with substantive aspects at the end. In a people-centric court, where adjournments are not the norm, and the court can take up non-substantive matters like the reissuance of summons asynchronously, a roll call serves no purpose.