In recent years, courts across Pakistan have increasingly adopted digital procedures to ensure access to justice, reduce delays, and accommodate parties who cannot physically appear before the court. One such development is Online Statement Recording in court, where parties or witnesses are permitted to give their statements through video conferencing.
To seek such permission, a litigant must file an Online Statement Recording Application before the concerned court. This article explains the concept, legal basis, procedure, and provides a practical Online Evidence Recording Application draft for ready reference.
Online Statement Recording in court refers to the process where a party, witness, or accused gives their statement before the court via video conferencing or other digital means instead of physical presence.
This facility is typically granted in situations such as:
The applicant resides in another city or country.
Medical conditions prevent physical appearance.
Security concerns exist.
Official or employment constraints restrict travel.
Emergency situations (pandemic, natural disaster, etc.).
Courts rely on procedural flexibility under the Code of Civil Procedure and the Code of Criminal Procedure, along with High Court rules and video conferencing guidelines, to allow such requests.
Pakistani courts recognize that evidence can be recorded through electronic means, provided procedural safeguards are followed.
Key legal principles include:
Courts have inherent powers to regulate their proceedings.
Video conferencing is considered valid legal presence.
Identity verification must be ensured.
Cross-examination must be facilitated without prejudice.
The Supreme Court and various High Courts have upheld the legality of recording evidence via video conferencing when proper procedures are followed.
An application may be filed when:
The witness is residing abroad.
The party is medically unfit to travel.
The distance between the court and residence is substantial.
The witness is a senior citizen.
Travel would cause excessive hardship or expense.
There is urgency in concluding evidence.
The usual procedure includes:
The application must clearly state:
Case details
Stage of proceedings
Reasons for seeking online recording
Legal grounds
Undertaking to cooperate
The application is filed in the same court where the case is pending.
The court may issue notice to the other side for objections.
The court considers:
Bona fide reasons
Prejudice to opposite party
Technical feasibility
If satisfied, the court allows online statement recording subject to conditions.
Courts generally impose safeguards such as:
Identity verification through ID proof.
Recording conducted in presence of authorized officer.
No coaching or external assistance during testimony.
Stable internet connectivity.
Proper recording and preservation of video record.
Below is a sample draft for practical use:
IN THE COURT OF ____________
Case No. _____ of 20__
A.B.
…Plaintiff/Complainant/Applicant
Versus
C.D.
…Defendant/Respondent
Most Respectfully Submitted:
That the above-mentioned matter is pending adjudication before this Hon’ble Court and is presently fixed for recording of evidence.
That the Applicant/Witness namely ____________ is currently residing at ____________, which is at a considerable distance from this Hon’ble Court.
That due to (mention reason: medical condition / employment constraints / residence abroad / senior citizenship / financial hardship), it is not feasible for the Applicant/Witness to appear physically before this Hon’ble Court.
That the Applicant undertakes to ensure proper identification of the deponent through valid identity proof at the time of recording of statement.
That the Applicant further undertakes to arrange a suitable and secure location with stable internet connectivity to facilitate smooth recording of evidence.
That allowing the present application will not cause any prejudice to the Respondent, as full opportunity for cross-examination shall be available.
That this Hon’ble Court has the power to permit recording of evidence through video conferencing in the interest of justice.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to:
a) Permit the recording of statement/evidence of the Applicant/Witness through video conferencing or online mode;
b) Pass such other order as this Hon’ble Court may deem fit and proper in the interest of justice.
Place:
Date:
Applicant
Through Counsel
Saves time and travel costs.
Speeds up disposal of cases.
Facilitates participation of overseas witnesses.
Reduces adjournments.
Ensures access to justice for elderly or disabled individuals.
The court may refuse online evidence recording if:
Identity verification is doubtful.
There is a risk of witness coaching.
Internet connectivity is unreliable.
The application is filed only to delay proceedings.
Serious factual disputes require physical presence.
Clearly state genuine reasons.
Attach supporting documents (medical certificate, passport copy, etc.).
Mention readiness for cross-examination.
Ensure proper technical arrangements.
Avoid vague or exaggerated claims.
An Online Statement Recording Application is an effective procedural tool that promotes convenience, efficiency, and accessibility in judicial proceedings. With courts increasingly embracing technology, Online Statement Recording in court has become a practical and legally accepted method of evidence collection.
By preparing a proper Online Evidence Recording Application draft, supported by valid reasons and necessary undertakings, litigants and witnesses can seek permission to record statements remotely without compromising fairness or procedural safeguards.
As the justice system continues to modernize, online evidence recording stands as a significant step toward faster and more inclusive adjudication.
_________ Vs _________ etc
(SUIT FOR DECLARATION ALONG-WITH CONSEQUENTIAL RELIEF)
Application for Recording of Applicant/Defendant’s Statement via Skype/WhatsApp Due to His Presence Abroad, for Verification of the Submitted Written Statement.
Respectfully Sheweth; That the above titled suit is pending adjudication before this honorable court and fixed for today. All the defendants have submitted their conceded written statements in favor of the plaintiff including defendant No. 2.That the Applicant/defendant No. 2 is currently residing in America and unable to attend the court.That the Applicant/defendant No. 2 has submitted his conceded written statement in favour of plaintiff but later on this honorable court passed an order for the appearance of the Applicant/defendant No. 2 either himself in person or through his special power of attorney holder for the purpose of verifying the submitted conceded written statement.That the Applicant/Defendant No. 2, in compliance with the order of this honorable court, wants to record his statement through Skype (id___)/Whatsapp (Num___) for verifying his submitted, conceded written statement in favour of the plaintiff. That the Applicant/Defendant No. 2 is unable to attend the court being out of country but wants to comply with the order of the court, hence this application.
PRAYER
In view of above circumstances it is most respectfully prayed that application in hand may kindly be accepted Applicant/Defendant No. 2 may kindly be allowed to recording of the statement via Skype/WhatsApp or any suitable online platform for verifying his submitted written statement in favour of plaintiff in the interest of justice.
Any other relief this honorable court deems fit may also very kindly be granted.
APPLICANT
Through
_____________________
Advocate High Court
Date: 0.0.20__
In Re:
(APPLICATION FOR RECORDING OF STATEMENT OF APPLICANT/DEFENDANT NO. 2 ON SKYPE /WHATSAPP, DUE TO HIS PRESENCE IN ABROAD, FOR VERIFICATION OF HIS SUBMITTED WRITTEN STATEMENT.)
AFFIDAVIT OF _______ son of __________
I, the above name deponent do hereby solemnly declare and affirm as under:-
DEPONENT
VERIFICATION:-
Verified, on oath at Lahore on this 0th day of March 20__, that the content of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed.
DEPONENT
