You can execute POA in favour of family member for filing case against your brother
2) your personal presence would be necessary during trial
3) you can make application to court that your cross examination be done through video conferencing
4)
Sujay Mitra vs State of West Bengal CRR No.1285 of 2015
Calcutta High court gave some guidelines which a trial court must keep in mind while recording evidence through video conferencing:
- The court must satisfy itself regarding the identity of the witness.
- The oath must be administered to witness before recording his evidence.
- The witness can only be examined during the working hours of Indian courts.
- Copies of the documents to be proved must be provided to witnesses well in advance.
- It must be ensured by the court that the witness is alone in the room of Indian embassy from where he is giving evidence through video conferencing.
- The demeanor of the witness must be recorded by the court which is relevant for the purpose of evaluation of the evidence.
- Once the recording of the evidence is started through video conferencing, it must be continued on day by day basis till evidence of such witness is recorded completely.
- Other conditions can be imposed by the court to ensure smooth recording of evidence through VC.