Section 109: Witness may be examined through video conference

1) If it is not possible to produce before the court a witness required to be examined pursuant to this Chapter because of the witness being physically infirm or a child or for security reasons, the concerned party may, setting out that matter, make a petition to the court for the examination of such witness through video conference.

2) If the court makes an order for the examination of any specific witness through video conference, the witness shall be examined accordingly.

3) If a petition referred to in sub-section (1) is made and the reason set forth therein seems to be reasonable or the court makes an order pursuant to sub-section (2), the court may, notwithstanding anything contained elsewhere in this Act, examine such witness through video conference.

4) In making video conference pursuant to sub-section (3), the concerned party to the case may, with the permission of the court, appear before such conference room and examine, cross examine or re-examine the witness.

5) In examining a witness pursuant to sub-section (3), arrangement shall be made to record the matters expressed by such witness, and the court shall maintain records of the video conference.

6) The record of examination of a witness through video conference shall be maintained in the form referred to in Schedule 40.