In May 2020, Bangladesh took a significant step towards modernizing its judicial system by enacting the Use of Information Technology by Court Act, 2020 (Act No. 11 of 2020). This legislation was introduced in response to the COVID-19 pandemic, which necessitated the suspension of physical court proceedings. The Act empowers courts to conduct hearings, trials and other judicial functions through virtual means, utilizing audio, video or other electronic devices.

LEGAL FRAMEWORK AND IMPLEMENTATION

The Act defines ‘virtual presence’ as participation in court proceedings via electronic means, allowing litigants, lawyers and witnesses to engage without being physically present in the courtroom. To facilitate this transition, the Supreme Court issued practice directions for the Appellate Division, High Court Division and subordinate courts, providing guidelines for conducting virtual hearings and ensuring the integrity of the judicial process .

Despite the Act’s provisions, challenges persist in its implementation. Issues such as inadequate infrastructure, limited digital literacy among court personnel, and concerns about data security have hindered the full realization of the Act’s potential. Furthermore, the absence of comprehensive legislation addressing digital evidence and remote testimony poses additional obstacles .

IMPACT ON ACCESS TO JUSTICE

The introduction of virtual courts has had a profound impact on access to justice in Bangladesh. During the initial phase of implementation, a significant number of bail applications were processed through virtual hearings, reducing the backlog of cases and alleviating congestion in physical courtrooms . This shift has been particularly beneficial for marginalized communities and individuals residing in remote areas, who previously faced significant barriers to accessing legal services.

Additionally, the digitization of court proceedings has led to increased transparency and efficiency within the judicial system. The establishment of platforms such as the ‘MyCourt’ app has enabled citizens to track case statuses, access court orders and receive notifications, thereby enhancing public trust in the judiciary .

FUTURE PROSPECTS

Looking ahead, the continued development of digital infrastructure and the expansion of virtual court capabilities are essential for the sustained success of the Act. Recommendations from legal experts and stakeholders emphasize the need for comprehensive training programs for judicial officers, the establishment of dedicated ICT departments within the judiciary and the integration of digital evidence protocols into existing legal frameworks .

Furthermore, the enactment of supplementary legislation, such as the proposed ‘Use of Information Technology for Testimony and Trial Procedure Act,’ could address existing gaps and provide a more robust legal foundation for virtual proceedings .

CONCLUSION

The Use of Information Technology by Court Act, 2020 represents a pivotal moment in Bangladesh’s journey towards a more accessible, efficient and transparent judicial system. While challenges remain, the progress made thus far underscores the potential of technology to transform the delivery of justice. With continued investment in infrastructure, training and legal reform, Bangladesh can build a judicial system that meets the needs of its citizens in the digital age.