In this article we talk about the impact of technology in the Indian legal system as we are moving towards modernization of India's Civil Procedure Code. As we know, CPC was enacted in the year 1908 which significantly faces challenges in adapting to the demand of today's time which is now being digitally connected world. In the latest developments, such e-filling and video conferences for hearing have changed civil procedures by giving more accessibility and credibility, which has lowered down the delays and have even given the scope of transparency.

Furthermore, this article also talked about the challenges which could be faced. By looking upon all the relevant topic and few cases this article has offered insight into how new technologies are coming over the civil justice in India and how effectively it would change in the Indian legal system.

Introduction
In the Indian judicial system, specifically the Civil Procedure Code of 1908, has been established over a century and since then it's been the base for civil litigation. But over the years it has been condemned for its inefficiencies, delays, and procedural complexities, however this was not designed for the fast paced, tech driven as we are living in the 21st century, because of which it demands some technological advancements. Digital tools being very helpful to make the legal system work smoothly, reduce backlogs, and make justice more accessible and transparent. This article will deal with some relevant CPC provisions, technological reforms, and some case laws that will showcase how it is transforming civil procedure in India.

New Technologies Introduced:

1. E-Filing of Cases: This helps lawyers file their documents online, saving time, reducing the need for physical visits to courts, minimizing errors, and decreasing paperwork and delays. Court records become more accessible to parties and the public. Both civil and criminal cases can be filed before high courts and district courts. Key benefits include:
   • Saving time, money, and transportation for lawyers and clients.
   • Eliminating the need for physical court appearances.
   • Limiting the duration of meetings.
   • Automatically recording case details for easy access by parties and the public.
   • Reducing paperwork, thereby lessening environmental impact.
   According to 2023 data, approximately 18,735 courts have been digitized, enabling case time tracking, e-filing, and hearings. Furthermore, 28 virtual courts operating in 21 states and Union Territories have processed over 5.08 crore cases and collected more than ₹561.09 crore in digital fines.
    
2. Electronic Summons and Notice: Summons and notices can now be sent via emails, WhatsApp, or messages, speeding up the notification process and avoiding delivery delays. The Supreme Court approved digital notice delivery, such as through WhatsApp and emails, particularly during the COVID-19 lockdown. Under Section 27 and Order V of the CPC, electronic service is accepted, reducing delays. In KSL Industries v. State of Maharashtra, the Bombay High Court stated that summons can be served electronically, including via email, to avoid delays due to unserved summons.
    
3. Video Conferencing for Hearing:
   this method also became more relevant during covid pandemic as it did ensure about the social distancing as it was a mandatory safety measure. It has allowed parties, lawyers, judges, witness etc. to be part of the case proceeding from different locations without physically present. It also reduces the travel expense and logistical burdens. There were few criteria's that was supposed to be followed by lawyers as well as parties to maintain the decorum like:
   
   1. Firstly, professional dress for both lawyers and clients at least the upper half which is clearly visible in the screen.
   2. Secondly, mandatory to mention your role name in the screen as it will be easier for judges to figure out whom they are talking to and to specify who are fighting for defendant or petitioner. This is same for client also to mention their name and whom they are like petitioner or defendant. By doing this it will be clear and will ensure that the proceedings go smoothly.
   3. Thirdly, login in early as when we are physically present, we do come early to prevent any kind of delay of legal system. Similarly, it will be beneficial for clients, judges as well as lawyers to be on time, so that if there is any kind of technical issue it would resolve till the time your case number comes.
   4. Fourthly, body language, it is equally beneficial to maintain proper body language while videoconferencing. You must make sure that during the conference you are not indulge in multitasking. And while the camera is on make sure your face is neutral as possible rather than touching your face or making faces.
    
4. E-Payment of Court Fees and Fines: E-payments have simplified fee and fine transactions, reducing long queues and increasing transparency. All payments are securely recorded, and an OTP provides additional security for financial transactions. Options include payment for court fees, judicial deposits, fines, penalties, and other charges.
    
5. Usage of Technology to Increase Accountability and Transparency: Made access to judgement and orders made by the court online and even increased the level of transparency also public has chance to monitor to go through judgement without any delay. In the case of Anuradha Bhasin v. Union of India (2020) the Supreme Court of India has even highlighted upon the significance of transparency and made easy for public to access information, hence proved the need for digitized records. Supreme court and even High Corts have stared live streaming to maintain transparency and public access to the court proceedings. This has reduced walk in of public unnecessary to courts, which has saved their time as well.
    

Challenges

1. Gaps in Digital Infrastructure: As we know that rural areas don't have much access to digital resources like internet, Wi-Fi etc. courts at rural areas often have less important infrastructure which makes difficult for them to file cases digitally or do video conferencing.
    
2. Knowledge of Digital Literacy: As stated, in rural areas not all judges and lawyers and even clients are not well versed with the usage of technology because of their background. This prevents them from digital literacy, and it will become problem in the effectiveness of digital means in the court.
    
3. Excessive Initial Price: Digitalization requires significant investment in training staff, judges, and lawyers, setting up secure systems, and keeping software updated, which incurs substantial costs.
    
4. Frequent Blackouts and Technical Glitches: Scrutiny nowadays, as most of the filing are taking place through e-filings because of which there will be too much load in the serve which might lead to crashing of the site. Even sometimes with video conferencing tools or digital records serve can be down because of overloading wall in.
    
5. Inconsistency in Policies Between Courts: In India, we have 29 states, and every state has its own approach to use technology which causes inconsistencies among the courts itself. This absence of uniformity will lead to confusion, mismanagement or inconsistency in hoe the reforms are put into effect and carried away.

Conclusion
Technology is improving in some parts and giving a shift in the Civil Procedure Code, improving ability, lowering the delays and even making more justice. Video conferencing for hearing, e-payments, e-fining of the case, given summons and notice through digital forms have given more flexibility and a power to speed up the judicial process by mentioning of long-standing challenges in legal system.

Nowadays, world have been so digitalized that are only dependent upon online surfing, AI's and what not, which has made life a more difficult because the upcoming generation are not really capable of given stress to their body and specially to their brains which will in future will affect their health. But introducing to these technologies has saved a lot of time of the judicial legal system, less of backlogs and more of justice.

References:

• e-Filing services for online filing of cases, plaints, written statements, replies, and various applications related to cases before any High Court or District Court of the country
• Faster civil trials in India through technology reforms and procedural innovations – The Leaflet
• Summons under Order 5, CPC 1908 | Explained
• KSL Industries v. State of Maharashtra, criminal writ petition no. 1228 of 2004 (KSL and Industries Ltd., (Formerly ... vs Mannalal Khandelwal and The State Of ... on 1 February 2005)
• eCourts ePay Brochure

Written By: Nishtha Jain, a third-year law student at Jindal Global Law School