The Virtual Court Act, 2020

The Virtual Court Act, 2020 (Act No. 11 of 2020) represents a landmark development in the judicial system of Bangladesh, as it authorizes the judiciary to adopt modern information and communication technology (ICT) for conducting judicial proceedings. Under the framework of this Act, courts are empowered to ensure the virtual presence of parties, lawyers, and witnesses during trials, inquiries, hearings of applications or appeals, as well as while recording evidence, delivering arguments, or pronouncing orders and judgments.

In accordance with Section 5 of the Act, the Supreme Court of Bangladesh has issued Practice Directions for both the subordinate judiciary and the higher judiciary, thereby creating a uniform procedural framework for the effective operation of virtual courts. Another significant feature of this legislation is that it has been accorded overriding effect over all other procedural laws, ensuring that no conflict arises between traditional court procedures and the new system of virtual proceedings.

The enactment of this law was primarily driven by the extraordinary circumstances posed by the COVID-19 pandemic, during which physical court operations were severely restricted due to health and safety concerns. By enabling the use of technology, the Act ensured the uninterrupted administration of justice, safeguarding the constitutional right of access to justice even during a global crisis. This timely intervention highlighted the judiciary’s adaptability and commitment to innovation in the face of unprecedented challenges.

Beyond addressing the immediate needs of the pandemic, the Act also aligns with the long-term vision of establishing an E-judicial system in Bangladesh—a vision long discussed and proposed by legal experts, policymakers, and stakeholders. The integration of technology into the judicial process enhances efficiency, reduces delays, minimizes costs associated with physical appearances, and makes justice more accessible, particularly for litigants living in remote areas.

It is important to emphasize that the utility of the Virtual Court Act, 2020 is not confined solely to emergency situations like COVID-19. Even in normal circumstances, courts may invoke the provisions of this Act whenever deemed necessary for the efficient disposal of cases. For instance, virtual hearings can be particularly beneficial in cases involving long-distance witnesses, urgent interim orders, or situations where physical presence would otherwise cause unnecessary hardship.

In conclusion, the Virtual Court Act, 2020 is not only a timely legislative response to the challenges of a pandemic but also a forward-looking reform that paves the way for the modernization of Bangladesh’s judicial system. Its continued use, even in non-emergency contexts, would mark an important step toward building a technologically advanced, accessible, and efficient justice delivery system in the country.