So each of you have been chosen by your services, your agencies, and your nations to attend this prestigious institution and to be taught by our highly esteemed faculty who are the leading scholars and expert in their fields. So today marks a great point of transition into your next level of leadership and it is certainly to be celebrated so go ahead and give yourselves a hand clap. So my charge today is to help you continue your success during this academic year that is designed to develop you into future strategic leaders. Indeed, I would imagine that there may be a few folks in here who are thinking, man, I haven't been in a college environment in a long time. I sure hope I can keep up. That's okay. I'm also guessing that there are a few others who are thinking, oh please, I got this. Hang it on. You know who you are. Here's the thing. The reality for many, if not most of you is that you have not been in an academic environment or academics have not been at the forefront of your primary responsibilities in your most recent assignments. So in order for you to continue your success in this intellectually elevated academic arena, a significant shift in mindset is required. Today's ethics imposing is a perfect example.  As while all of those things are certainly important, we are challenging you to broaden your understanding of ethics through the lens of your professional responsibility. So as Admiral Harley explained and Dr. Lucas further articulated, society has accorded you a special trust as members of the profession of arms to provide the vital function of national defense. That trust carries with it the expectation that you will continually further your expert knowledge in the profession you represent in order to meet the needs of the nations you serve. Therefore, you have a professional ethical responsibility to further your expert knowledge in the profession you represent in order to meet the needs of the nation you serve. So during this academic year, we are going to challenge you to continue your professional ethical responsibilities. So how might you do that? Well certainly we have writing assistance and research support and study techniques available here to you at the college. But what I'd like to do is offer you a broader framing for your academic preparation that establishes the context for what is necessary for you to further develop into strategic leaders and your role in that development process. Now I have to forewarn you that I am very partial to using analogies in my teaching method. So please bear with me as I use this approach for our purposes today. So recently in my own life journey, I have found myself being reminded repeatedly of a very old proverb that uses the imagery of a farmer plowing his land and the hard work that this entails. The proverb goes something like this, no man or person who puts his hand to the plow and looks backward is able to be productive in his work. No man or person who puts his hand to the plow and looks backward is able to be productive in his work. So imagine if you will the traditional act of plowing. You had the plow itself which may or may not have been pulled by oxen or horses and the farmer pushing the plow forward to create furrows or trenches for where the seeds are to be planted. The farmer guides the plow looking straight ahead to ensure that those furrows are straight in order for the fill to be plowed efficiently and effectively. If the farmer while plowing continually looks backward, he can only see the trail behind him lacking any view of the furrows being created in front of him. And because he's looking backward, those furrows are likely to be ill-shaped and crooked and not in the proper condition to receive the seeds that are to be sown. The idea here is that it is difficult to effectively perform a required task to be productive and achieve the desired result if one is consumed by the past blocking the ability to focus attention on what is in front or what lies ahead in the future. Effective plowing requires facing forward. Now this same advice equally applies to your Naval War College journey. Here's how. Each of you brings a wealth of past experience and knowledge to the table and you have clearly performed well in your duties and responsibilities to this point in your careers. You've developed your technical competence, your tactical expertise, and specific leadership abilities. Some of you have led sailors or soldiers or troops or teams or forces in very difficult and challenging circumstances while others have functioned very effectively as very significant contributors in your services and agencies. Early then, during seminar discussion, you will naturally default to regularly referencing your past experiences, which is a good thing. Such contributions are integral to the learning environment and to the seminar discourse. However, focusing only on your past experiences, that is spending all of your time and effort looking backward, blocks any opportunity for you to develop further and prepare for your next level of leadership. You see the evolution into a strategic leader is less dependent upon your past successes or how you previously excelled than it is on the further development of more advanced abilities. After this, every farmer brings to bear his or her experience from the last planning season, but each planning season is new with new conditions and maybe even new crops. The new season that awaits you as strategic leaders is volatile, it is uncertain, it is complex, and it is ambiguous. It is a season with near-peer competitors and rogue non-state actors. In this environment, the required thinking is not linear or ordered. The in-states are not known. The decision outcomes are interdependent and in certitude is the expected norm. So this necessitates planting new seeds in the form of a higher order way of thinking, heightened self-awareness, greater cultural adeptness, and broadened strategic perspectives. In order for these more sophisticated skill sets to be properly planted throughout your Naval War college tenure, you must keep your hand on the plow and remember to face forward. Yes? Yes? Right. So, as I continue to reflect upon the truth of this sound wisdom, it got me to thinking about the whole concept of plowing and how this might relate to your overall Naval War college experience. I wondered what's the process of plowing, what's the purpose of plowing, what happens when fields go un-plowed? So I did my homework and here's what I found. Plowing involves breaking up hard soil that has become dense and compact as a way of preparing the ground for seeding. As the plow moves forward, soil tails on either side creating the furrows for sowing new seeds. In essence, plowing makes planting easier. What plowing does is it turns over the upper layer of soil, bringing to the surface fresh nutrients so that they can fertilize new plants while also burying weeds and the remains of previous crops allowing them to break down as well. The whole plowing process gives seeds the best chance to germinate and grow. So let's apply this concept of plowing to your development as strategic leaders. Well first let me be clear, I am not calling you dense, just saying. I am however calling out the tendency for all of us to be set in our ways, especially when we know our jobs and we know them well. To quote a line from the movie Taken, I have a very particular set of skills. Skills that I've acquired over a very long career, skills that make me a nightmare to people like you, best line ever, yes and yet. In order to effectively move from one leadership level to the next, we must allow ourselves to be plowed, to subject ourselves to tilling, there we go, to get outmoded ways of thinking out of the way and to bring fresh knowledge to the surface. In order to do this, we must, lost my train of thought here for a second, we must focus on further developing who we are and how we want to broaden ourselves as members of the profession. So one of the things that we have learned, I had an opportunity to sit in on a leadership discussion among a group of admirals and strikingly during this session, the four star challenged these admirals to guard against relying on their technical knowledge in the execution of their strategic level duties. In other words, he challenged them and warned them of the pitfalls of relying solely upon their lower level leadership experience in the execution of their strategic leader duties. This is exactly the point that Marshall Goldsmith made in his popular leadership book, What Got You Here Won't Get You There. What Marshall Goldsmith says is that in order to move from one leadership level to the next, or as we assume higher level leadership responsibilities, we must recognize that certain actions, behaviors and ways of thinking that may have served us well as lower level leaders can in fact become hindrances as more senior level leaders. So therefore, we must work on building a complementary set of new skills. But importantly, moving from one leadership level to the next doesn't just happen. It requires development. It requires cultivation. This year at the Naval War College is designed to cultivate. But the curriculum and the faculty can only do so much. You have skin in this game. The choice is yours as to whether you will be fertile land that produces a fruitful harvest or fallow ground that prevents seeds from germinating and growing. Here's what I mean. Fertile land is land that has rich nutrients. It has good internal drainage and sufficient aeration that provides a place for roots to anchor and grow. Placing this in the context of the Naval War College experience, these are students who open their aperture for learning, who allow their assumptions to be challenged, who listen to understand rather than listen to refute. These are students who are willing to surrender their way of thinking in order to learn as much as possible. These students tend to have an inherent desire and they put the work in to strengthen themselves as leaders. Conversely, fallow ground is land that is unplowed and hard. It's land that could be productive, but for whatever reason hasn't been broken up. These are the students whose inherent skepticism makes them an impermeable surface, whose entering mindset is prove it to me, whose tendency is to judge rather than to hear, whose preference is only for modes of learning in which they are accustomed. These students tend to be wedded to their existing knowledge and know-how, preferring the comfort of the known over the discomfort of the unknown. Clearly, students who choose to be fertile ground are likely to get the most out of their Naval War College experience. This is what that looks like in practice. Captain retired John Meyer and I teach the critical thinking for adaptive leaders elective. Now the elective is specifically designed to really push students out of their thinking and learning comfort zones. The goal is to further develop students' mental agility and cognitive ability as further preparation for strategic leadership. The course utilizes a specific teaching method that really strips students of their comfortable way of processing information. It surfaces biases and it really challenges students to elevate their learning at a much deeper level. The course is hard. The course is really hard. Several weeks ago, Captain Meyer and I received the feedback from our most recent course. The feedback stunned us. It was way beyond anything that we could have imagined or expected. I'd like to share a few of those comments with you but please note I am in no way sharing these to be self-congratulatory but rather to make an important point so please bear with me. Unquestionably, this class will help future leaders understand themselves in complex situations better. The skills developed and enhanced in this course transcend all life settings and valuable exclamation point. I have never taken a course that has so profoundly altered my viewpoints or given me more tools to be successful as a leader and a teammate. This is a course that allowed me to push the limits on my way of thinking what an amazing learning experience. That feedback left us speechless and as Captain Meyer and I reflected on the feedback and reflected on the course and reflected on how each of those students indicated how much they had grown as a person and as a leader, we came to one very important conclusion. It was them, not us. As much as we would like to think that we were all that in a bag of barbecue chips, the reality is that we really didn't do that much differently in teaching the course that term than we've done in teaching the course over the past six years. The difference was that each of those students were willing to be cultivated. They came into that class with a genuine palpable desire to grow as people and as leaders. They were willing to have their weed roots dug out and their hard clumps broken up and their soil tilled in order to bring in fresh knowledge. They pushed each other to produce good crops. These students were committed to continuous growth. They were fertile land. Now, of course, we've also experienced the converse. There was a student who got so hung up on the credentials of the faculty and quite frankly his own resume that he dismissively filtered everything through that lens and consequently got very little out of the course and maybe even his overall Naval War College experience. Or the student who decided that the unfamiliar teaching approach was not how she thought the course should be taught, leaving her very dissatisfied. Or the student who chose not to follow instructions, which ended up excluding him from an immersive learning experience. In his embarrassment, he unfortunately lashed out with harsh personal criticism, which ultimately reflected poorly on him. In each of these instances, I would argue that these accomplished students neglected to embody the humility that is necessary to learn and grow as leaders. They were fallow ground. You see, learning has to be cultivated. You get out of it what you put into it. If seeds are planted and not tended to, they don't take root. They dry up and they fade away. But seeds that receive the proper attention, maintain the proper moisture, are given the proper fertilization, produce very strong roots, and yield an abundant harvest. Your year at the Naval War College, if properly cultivated, should yield a harvest of preparation for strategic leadership, confidence to lead in a volatile and certain complex and ambiguous environment, and a strengthened commitment to serve your nations as leaders of character and integrity. Importantly though, we must bear in mind that getting to the point of harvest is a process that occurs over time. When the farmer plants new seeds, he or she doesn't know the exact time that those seeds are going to sprout or even what a brand new crop will look like. The farmer must trust that the seeds planted will germinate and that the growing process will yield the best crop possible. Likewise, during your year of cultivation, you must trust the Naval War College process. Some seeds of learning will immediately sprout, while others may take time to surface. One of my favorite examples of this is that of one of my former students, Marine Colonel Kay. I love Colonel Kay. Colonel Kay would walk into class each week and only half jokingly say, what kind of silliness do you have for us today? My Jack Nicholson, you can't handle the truth. But I loved him. To his credit, Colonel Kay was willing to be tilled. Even though he didn't always understand exactly why we were doing what we were doing, or he didn't get all of the assignments exactly right, he kept plowing through. You see, Colonel Kay was cognizant of the fact that he was preparing for regiment command in theater, which he assumed immediately after graduation. Five months. Five months after Colonel Kay departed the college, I get this out of the blue email from him. Here's what it said. Was thinking of you today as we consider the perspectives of a host of individuals that we may soon be working with and against. It dawned on me five months later. It happens. It dawned on me that the way I was relaying intent and leading the planning effort was directly attributable to the thought-provoking and genuinely useful guidance from our class. How cool is that? My point here is this. Don't be hard on yourselves if you don't get it immediately. Sometimes growth is delayed. Germinating takes time. So let me share one last thing that I learned from Google in my quest to understand plowing. Did you know that there is such a thing as mixed cropping where different plants are planted in the same field at the same time? Who knew? Mixed cropping, also known as intercropping or co-cultivation, involves planting two or more crops simultaneously in the same field. In general, the theory is that planting multiple crops at once will allow those crops to work together, sorry, to balance out the input and the output of the soil nutrients, to keep down weeds and insects, to avoid climate extremes in order to increase overall productivity and to utilize scarce resources to the fullest degree. Of course, this brings to mind the composition of your seminars. Every seminar will have students from different services, different agencies, different nations, different specialties. Value that diversity as a resource. Learn what each person brings to the table. Be careful not to disregard, discount or judge those diverse perspectives as they will be invaluable to you later on in your senior leadership roles. The reality is that as you advance in your leadership responsibilities, your web of obligation will be increasingly inter-service, inter-agency, intercultural, and it will involve all elements of national power, diplomatic information, military and economic, and include all types of external stakeholders. Where else will you have the opportunity to fully engage, challenge and learn from professionals in all of these arenas in such a safe environment? I encourage you to take full advantage of this opportunity both inside the classroom and out. Because one thing that we know for certain is that relationships and partnerships built at this United States Naval War College have a lasting impact on individuals and re-benefits for our global security long after you leave this place. So consider this academic year a growing season in which you will both break down and build up. Be willing to plow and be plowed. Keeping in mind that plowing is not always easy. It takes work. It takes energy to push the plow, to guide the plow and to keep those furrows straight by facing forward. And sometimes in your plowing you will come across some large seemingly immovable rocks. Those difficult times in your growing season keep digging and keep pressing because what surfaces after those rocks are removed is a field of new knowledge, of fresh crops that will best position you to excel as future strategic leaders. Your services, your agencies and your nations have invested in you this year and they fully expect to reap the benefits from the further development of all the talent that you have to offer. And so it remains your professional ethical responsibility to further your expert knowledge and to enhance your standing as a member of the profession of arms. This year is yours and with the proper plowing, planting and cultivation, I believe you got this. You got this. Thank you very much. Okay, so did you want me to take questions or pass it on to you? All right, so I will stop for a moment to see if there are any questions. We normally don't take questions after this, but just in case. Are there any questions, thoughts or observations? Everybody's ready to be plowed? Everybody's going to plow? Set for cultivating? Just checking. All right. So having seen no questions, I will now turn it over to Rear Admiral Jamie Kelly who will wrap us up.


What's going on everyone Sam here late in sports cards doing a three box prism basketball and football mixer for Barry G. We've got one twenty one twenty two penini prism basketball choice 121 penini prism football hobby and one twenty one penini prism football first off the line So good luck Barry. Let's do it, buddy Like I said depending on how this goes probably will be the last break of the night We'll see where we are in time And I do work tomorrow, so if I have to go longer tomorrow, I will that is a Silver Dillon Brooks Silver Ray Allen for the Bucks Got our exclusives is true holiday That is Terry Rose here and Trace McGree we've got auto nice bones Highland We'll take that nice one there for Denver Congrats on that Barry I would say probably you're gonna if any you will definitely be going tomorrow Tyler I apologize on that, but you'll go fairly early tomorrow. You'd be the fourth third or fourth break tomorrow Miles Turner Red Scope to 88 and Isaiah Jackson blue Scope to 39 16 of 39 for the Pacers All right, let's do your prism hobby first. Good luck, Barry, and we'll do first off the line.  Yeah Sean Wright and JC Horne got nice blue wave trade lands. What a way to start 105 out of 199 Nice one there. Congrats, Barry Yeah, that's a great start First auto is gonna be Xavier Rhodes For the Colts on the Silver Auto not numbered Yes, you're learning your prison. Well, you already probably know most of the It's just top because they're so different in basketball and football. Yeah Can anyone with purple power Brian talking 40 out of 49. That's sick nice weapon X Congrats, Barry That's yeah, that's actually really cool dude. I love me a good Good weapon X. Yeah Silver is Jordan love Cuz like the thing that throws me off the most isn't football oranges that are 199 and then in basketball They're at 40. Yeah, it's such a big difference in oranges. Yeah, that's Football pretty that's why I feel like there's less parallels.  So Nico Collins. There's a Jacoby Myers red wave to 149 and Josh Allen brilliance Najee Harris rookie blue wave to Davies white to 199 and Second auto is gonna be Jacob Harris for the Rams Not numbers see some big rookie color now Say like a goal a true goal.  I'm not happy about that. That's a Patrick Sartan rookie In minors, there's Keenan Allen on the hyper to 175 72 of 175 prism break CD land second year. You lie Mitchell another trail answer rookie purple ice Kenny Galladay to 225 for the Giants and Justin Herbert hype Just an hype Bert I like fools. Oh, we have one. Let's go. I didn't realize that I didn't put two and two together I know Anthony Schwartz Reverend Jordan, there's Gary Brightwell to 175 for the Giants ten of 175 silver Deuce McAllister Blue wave coming up again Travis ETN rookie Yuri right. Well, here's the forest Buckner blue wave 174 out of 199 fireworks Aaron Jones kid reporter like that An orange coming up Christian Barmore Scritch there we go Orange buggy bash them nice 68 out of 249 one of PFF's highest ranked DNs this year and silver is Marlin Humphrey Justin Fields Jeremiah Usukura moe got orange Brandon. I hook that is the 249 Silver Jake funk rookie.  You watch the entire game Yeah, and you were here for like two hours before it even started very much That's a real break in ours, baby. Hopefully there's hockey on tomorrow. I can go for some hockey tomorrow, dude We should be one day of double hitters. Nice like that Harry kill blue ice 67 out of 99 for the chiefs cheetah silver Tyler Higbee and Last pack of hobby. Oh gold got our wish Donnie. Nice. We got our wish true gold. Come on, baby Give us somebody big. We got Frank Darby. Let's see. We've got cowboys. Come on. Show me a rookie and show me Micah non-rookie is Jalen Smith Two of ten on the true gold nice one there. Congrats, Barry. Oh, he's fun pulling a true gold and Trey Lantz immersion. I like photos for some first off the line See Donnie likes that one man. It's pretty funny. I'll give you that one. Thank you For some hobby first off the line Yeah, he was a beast that Notre Dame. He was a beast in the NFL for a while, too You had like a you had a solid career, I would say Jalen Smith did what he needed to do You like photos of I like photos Jeremiah Wussu Korma To do that. Well, there's a purple ice does Fitzpatrick to 225 I just can't wait to see forest reaction when I walk into the breakings to do tomorrow and explain the entire thing Thailand wallets silver rookie. He's gonna be so disappointed He's gonna be it's I think that generally may ruin his day Which would be hilarious blue shimmer coming up first here Frank Darby and the Sean right see what we've got Panthers see a rookie see JC Horn Non rookie is Jeremy chin nice one there nine of 25 stud safety Congrats on that Barry Orange chase Claypool to 249 Davis Mills emergent Green shimmer to five. Okay, Donnie. Okay. Okay, we can we can mess around with that Fields Anybody do JC horn. It's gonna be pen I school Giants Rookie Kaderious Tony, baby. That is Gary Brightwell. Nice three of five for the Giants. Congrats on that, buddy There you go Barry is Gary Brightwell and Quay pay green scope rookie auto 30 out of 75 blue shimmer coming up again to 25 My baby goes to big rookie They say you're only supposed to get like two but usually end up getting like four or five sometimes Usually get some extras Marcus Stevenson. We've got Packers. Come on. Give me a rod on rookie. I'm on green. That's pretty cool Nice one there. That is eight of 25 on the Amon Green Blue shimmer Orange Daniel Sorenson that is to 249 for the sheeps silver Byron Jones green scope Shara McKinney We've got Stefan digs. Nice green scope 68 out of 75 for the bills. Take that and CMC no prism insert in this interesting guys Bowser Kenan Wang will Unless I guess you might count the silver Sir Tan rookie and Silver Anthony bar for the Vikings red shimmer and a blue shimmer in the same packs. So one of them is gonna be an auto I'm assuming the blue plus red shimmers. Nice as well. I'm not you Harris rookie.  That is awesome. No kidding. Nice one Barry red shimmer Mahomes Mahomi Adrian Amos 97 of 175 And blue shimmer auto is Anthony Schwartz 18 out of 25 for the Browns And the Holmes is nice. That'll work for sure That's will work Pretty clean up and down it's clean surface look piece like as good as it's gonna get I would say Quinn minors Anthony Schwartz, there's a Miles Gaskin 81 of 99 and Trevor Lawrence rookie new recruits for the Jags another red shimmer. Nice Got a bunch of those Just imagine two Mahomes now give us a rookie this time. It's a big rookie Had what I guess we're not talking about one of the cheese Non rookie for the Eagles hurts you imagine for a red shimmer hurts and the Holmes Wow, that's awesome. That is so cool. Congrats, Barry Wow 17 of 35 the two Super Bowl starting quarterbacks. That's insane The hurts to man. What are the odds of that? Chances of having her so so cool. Congrats, man. There we go. Barry both the Super Bowl so you're guaranteed Guaranteed to have a red shimmer of a Super Bowl winning quarterback. Yeah, that's great a hundred percent chance. That's insane Wow Denzel Mims, that's 140 out of 149 Red wave for the Jets and silver Marlon Humphrey. That's I can't that was insane. That was wild That's Purple power on the back. It's gonna be purple power insert. I believe there's been a glitch in the matrix That's nice. Trey Lance. Why the Trey Lance rookies coming your way Christian Barmore blue wave Kenneth Murray To 199 and literally speaking up. There's a Trey Lance this time purple power new recruits 17 of 49 I'll take a picture of those together. Yeah, for sure put them up on the Yeah, it's a good one honestly Scridge, I mean that's a win right there if you pull a scridge Joe trying there's Brevin Jordan. Nice rookie for the Titans to 249 Who's like surprisingly very solid for the Titans does not get talked about a lot Titan Brevin Jordan They say Titans he is that's a tie. I meant Texans Buddha Baker. Yeah, that is Texans Brevin Jordan I mean if we were in a break, that'd be one thing. Yeah, true Very bright. Well, there's a fields rookie Purple ice Tony Bacelli. Very cool 63 out of 225 for the Jags and Matt Stafford fireworks That'll do it for your break there Barry thanks again, man. That was that was fun, dude. We'll get those right out to you


Step to becoming a TEFL trainer, choose the right location. Aim to find a location where you want to settle down for a while. Working as an EFL teacher in a school may offer flexibility, perhaps as a way to make money while you're traveling. However TEFL trainers are expected to be more stable, as people researching what course to take are attracted to training centers with well-established staff. You're unlikely to get employment for very long if your CV shows a history of short-term positions. You also need to be realistic about working hours. The courses are typically advertised as intensive, so expect the working hours to be long too. Look at the course dates, avoid companies that offer continuous back-to-back courses for a full year, unless you really feel you can cope with it. By the end of a four-week course, you won't be fresh to start another one a few days later. Thanks so much for watching! We are ITTT, the leading provider for TEFL and TESOL training courses. If you like this video, please subscribe by clicking the button down here and click on any of the videos here on the left for more interesting teaching tips for getting certified to teach English abroad and online.


Good evening friends. We have with us Justice Veeram Kumar as we all know that once he's here We will have a deeper insights in the perspectives of in the criminal law aspects today also we have an interesting topic with him and as we all know that his passion for taking the topic ahead is always different and And His sessions on the Live law as well as on beyond law CLC you can always watch that today's perspective is can be accused plead guilty after the commencement of trial And we are obliged as usual to Justice Veeram Kumar for accepting our invite and thank you, sir for accepting our invite Thank you, Mr. Vikas Good evening friends Now the question for consideration that the issue for concentration is In a case where the accused pleaded not guilty to the charge of framed against him and the trial started when the in a in a warrant case accused Pleaded guilty period not guilty and the trial charge if it the charges framed against him He pleaded not guilty and the trial started At now the question is at the fag end of the trial whether the accused wants to plead guilty whether he can plead guilty the fag end of the trial having pleaded not guilty and having Permitted the court to start the trial and having called the court called upon the prosecution to Examine its witnesses etc. Now at the fag end of the trial the accused wants to plead guilty whether he can be Permitted to do so is our question Now when does the trial start? There are two types of cases Contemplated by the CRP that is summons trial summons cases and warrant cases Summons cases are those cases which are punishable with imprisonment for for up to two years Warrant cases are those cases which are punishable with imprisonment exceeding two years Now in warrant cases, there are three categories Two of them are tribal by a magistrate One type is warrant cases tribaled by a magistrate, but instituted on a police report The other categories warrant cases instituted on a complaint again tribal by a magistrate Third category of warrant cases is warrant cases tribaled by a court of session now As you all know in a summons case trial starts when not when they charge this way There's no framing of charge in a summons case in a summons case after the appearance of the accused when the But substance of the accusation Substance of the accusation is stated to the accused by the magistrate and He pleads either guilty or not guilty and if he pleads not guilty the trial starts Whereas in warrant cases whether tribal by a magistrate or tribal by a court of session There is a framing of charge When the accused appears the court will frame a charge the magistrate all these sessions judge will frame a charge against you And the charge will be read over and explained it to them in the language known to him And after understanding the charge if the accused voluntarily pleads guilty Voluntarily is very important. You should know the consequence of pleading guilty And then knowing the consequences if he pleads guilty then the trial starts. Oh, sorry If he pleads guilty he can be straight away convicted and then appropriates sentence can be imposed on you There's no trial, but if he pleads not guilty, he will say I don't know I do I have not committed these Open and reading non-guilty then only the court will call upon the prosecution to prove its case by Examining witnesses by producing documents in sit-law. So trial in a warrant case Starts when the accused pleads not guilty trial in a summons case also starts when the accused pleads not guilty But in a summons case what is read over to the accused is this substance of accusation There's no framing of charge whereas in a warrant case whether tribal by a magistrate or tribal by a court of session there's a framing of charge and The charge will be read over to the accused explained to him and if he voluntarily pleads Guilty he can be straight away convicted But if you pleads that if he says that I am not pleading guilty if he pleads not guilty Then the trial starts in a warrant key the difference is in a summons case There is no discharge because there is no charge Whereas in in a warrant trial. There is a discharge the before framing of charge the accused can plead for a discharge Is the now we come to the appropriate sections for pleading guilty for for trial and pleading guilty Summon case tribal by a magistrate under section 251 CRPC The substance of the accusation to be stated to him the magistrate will have to state the substance of accusation That is the particulars of the offense will have to be stated to the accused and if he pleads guilty Then there's no trial he can be straight away convicted But if he pleads not guilty he can the trial starts now section 252 is the promotion which enables the magistrate to Convict him on pleading guilty, but he pleads not guilty Then the court will call upon the prosecution to prove its case in the case of a warrant warrant case Tribal by a magistrate and instituted on a police report section 240 is the provision 240 CRPC is the provision enabling the magistrate to frame charge and on On pleading guilty he can be straightaway convicted under section 241, but he pleads not guilty then the trial starts Quarantine attitude otherwise and on a police report that is a complete case right complete They're also the set except for the fact that the second provision is different and the section 256 one Magistrate will frame charge and under section 256 three The accused can plead guilty and upon that he can if the magistrate is satisfied that he's plea of guilt is Voluntarily made he can be straightaway convicted, but if he pleads not guilty then the trial starts Then we come to the last category of warrant cases tribal by a court of session section 228 clause Subsection 1 clause B section 228 subsection 1 clause B of CRPC Enables the sessions judge to frame a charge against you upon appearance the court the court may frame a charge against you and if he pleads guilty There is a provision to 229 section 229 which enables the session judge to straightaway convict him but normally in sessions offenses being graver offenses which are punishable with extreme sentences Courts generally call upon the prosecution to abuse evidence. They don't act on the usual even though there's an enabling provision under section 229 CRPC Sessions judges normally do not straightaway convict him on On bleeding on his beating guilty. So when he pleads not guilty then the trial starts now the question which we have to consider is If the accused pleads guilty, there's no problem if he pleads not guilty then He has to the trial has to start start now the consequence of accused pleading guilty is that If he pleads guilty and the court is satisfied that he has voluntarily pleading knowing the only only realizing the consequences He has pleaded guilty then he cannot challenge the conviction Under section 375 an accused who has pleaded guilty and thereupon the court has convicted him He cannot challenge the condition no appeal is provided for challenging the commission. The the finding of guilt cannot be challenged Section 375 CRPC is the portion All that he can challenge before an appellate court is the the legality of this sentence The punishment alone he can challenge. He cannot say that the court was wrong in convicting me Court was wrong in finding me guilty. So that is Prevented by section 375 CRPC Now in a summons case tribal by a magistrate what the Supreme Court cautioned in in Mahat Kaushalya Das versus Tato Madras 1966 Supreme Court Double two here 1966 Supreme Court to corresponding to 1966 criminal law journal 1966 1966 criminal law journal page 66 three judges the author of the judgment is justice Ramasthami The this is the observation by the Supreme Court It is true that in the judgments dated March 22nd 1963 the magistrate has said that the appellate pleads guilty But the record contains no indication whatsoever as to what exactly the appellate admitted before the magistrate he accept the magistrate stating in the In the order or in the proceeding paper that he pleaded guilty. There was nothing discernible nothing There was no record produced to show that he had voluntarily pleaded guilty knowing fully the consequences of the plea Whether the the substance of accusation was explained to him read over and explain to him in the language known to him These are all the prerequisites for Substance for reading the substance of accusation Explained the particulars of it. There is nothing these records were missing Therefore the Supreme Court observed that the requirements of in our opinion the requirements of section 243 of Criminal procedure code that was a decision under the 1898 code corresponding section of the 1898 code in our opinion The requirements of section 243 CRP 1898. That is corresponding to 252 of the 73 code Are mandatory in character and Violation of these provisions Violation of those provisions the trial and renders the conviction legally invalid So even though there is no appeal provided against a conviction on pleading guilty if the conviction was without Satisfying the the prerequisites of pleading guilty then the issue at the even the conviction So the up the accused will be entitled to question the conviction even Wish it the conviction they wish it the trial renders the conviction Legally invalid the requirement of the section is not merely an empty formality But a matter of substance intended to secure proper administration of justice It is important that the terms of the section are strictly complied with because the right of appeal of the accused depends on on the Circumstances whether he pleaded guilty or not And it is for this reason that the legislature required that exact words used by the accused in his plea of guilty Should as nearly as possible be recorded in his own language in order to prevent any mistake or misapprehension There is a similar verdict by the High Court of Kerala speaking through justice Subramanian puti in State versus Gopinath Pillai 1978 Kelti 779 that is a case where it was a session trial is a session trial and Accused at the session judge had recorded that the accused at pleading guilty But it was not discernible whether the charge the charge was the charge contained the ingredients of it So the learner judge held that Even if the accused pleads guilty if the charge does not contain the ingredients of the offence What he is doing? He is only admitting the fact He's only admitting the fact, but there is no offense the ingredients of the offense are missing in the charge Therefore just because he has pleaded guilty you can't convict him because there is no offense made out Therefore, he's he he is entitled to challenge his conviction also And section 375 CRPC is not a bar That is what the learner judge said it is precisely what the Supreme Court also observed that while Recording the plea of guilt and let the magistrate on the session code that has he satisfied about the safeguards given to the accused the the plea of guilt will not be Sustainable and it may wish a trial entitling the accused to challenge Even the conviction and the bar under section 375 may not apply The plea of guilt is tantamount to an admission of all the facts Constituting the offense it is therefore essential that before accepting and acting on the plea the judge must feel Satisfied that the accused has admitted all the facts and ingredients Constituting the offense the all the ingredients of the offense should be there in the substance of Accusation or in the charge the framed by the court the plea of the accused must therefore be clear Unambiguous and unqualified and the court must be satisfied that the accused has understood the nature of the allegation Made against him and has then admitted them the court must act with caution and circumspection Before accepting and acting on the plea of guilt once these requirements are satisfied The law permits the judge trying the case to record a conviction based on the plea of guilt if however The accused does not plead guilty or the learner judge does not act on his plea He must fix a date for the examination of the witnesses that is prosecuting evidence This is founded on the principle that he this is all a when accused Reading guilty and the court convicting him it's all founded on the principle that an admitted fact need not be proved you find the The code the principle Enshrined in section 58 of the evidence section 58 of the evidence act say if an admitted fact need not be proved because he's admitting acutely admitting that he did commit the offense maybe out of a brick of conscience or He wants to tell that truth before the court therefore he admits that I committed this offense So it is an admitted admission. So an admitted it is an admitted fact. It need not be proved Why should they precious time of the court means we Wasted in trying to prove an admitted fact he is admitting it therefore the court may not call upon the prosecution to prove the case Now even under section 58 of the evidence act there is a proviso which says that in a even Where the accused or whoever be there even in civil cases if a fact is admitted Not understanding that mission court is given the discretion to ignore the admission and call upon the opposite party to prove The fact the whole such admission So they're not returning that mission code can call upon the opposite party to prove the facts Which is the subject matter of admission likewise even in a case where they accuse pleading guilty thereby admits his offense Court can in a given case ignore the pleading guilty and call upon the prosecution to prove the case But why I we we selected this topic is there is a distressing note in an observation and in paragraph 52 of state of Maharashtra verses Sukhdev Singh a year 1992 Supreme Court 2100 a year 1992 Supreme Court 2100 To judges aim how many and K. Ramaswamy just is a memory of authoring the judgment This was the famous case arising from the assassination of general Vaidya as a retaliation to operation blue star carried out in the golden temple Amritsha thus the the According to me the objectionable observation in this judgment is There is nothing in this chapter in the chapter the chapter 18 Which prevents the accused from pleading guilty at any subsequent stage of the trial But before the trial judge accepts the and acts on the plea he must administer some caution For himself we have built may also be put forward by the accused in the statement recorder under section 313 CRT It is with regard to this statement in the judgment that I have some reservations because I Say matter of fact not to be turning the fact that a five and a six They were the persons who who subsequently pleaded guilty They had pleaded not guilty and the trial started It's at the fag end of the trial that they pleaded guilty not to be turning the fact pleading guilty in that case they Their conviction was actually endured and sentenced passed by the trial code on the basis of the evidence Adduced by the procedure not on the basis of their pleading guilty But this therefore this observation was on unnecessary and unwarranted The statement in the above verdict that there is nothing in chapter 18 CRPC Which prevents the accused from pleading guilty or at any subsequent stage of the trial is really contrary to the scheme under the CRPC as per the CRPC once trial has started Consequence of the accused pleading not guilty. There is no power in the court to retrace its steps backwards and go to the pre-charge the stage and Allow the accused to plead guilty. In fact, we have seen we have seen How Adalya Prasad versus Rupalal Jindal a year 2004 Supreme Court 4674 three judges overruled K. Matthew Which came went from Kerala The correspondence 2004 volume 7 SCC 338 three judges. This is Santoshakade, S.B. Sinha and A.K. Mathur Just followed by Subramaniam Sethuraman versus Tata Maharashtra a year 2004 Supreme Court 4711 corresponding to 2004 13 SCC 324 three judges again Santoshakade, S.B. Sinha and Tarun Chatharvi the author of both the judgment is Justice N. Santoshakade in both these cases the Supreme Court held that once in a criminal trial once the magistrate crosses a particular stage He there is no power of review For a criminal court. He cannot retrace his step backwards and come to a previous stage He's not permissible. That is how K. Matthew was overruled by the three judge bench Now the legal position in a warrant case Tribal by a magistrate under the corresponding section of 1898 was Specifically considered by an earlier three judge bench decision. In fact this Sukadev Singh was Did not notice an earlier three judge bench decision, which was binding on them. That is Radhilaal Banji Mitani versus Tata Maharashtra a year 1979 Supreme Court Page 94 a year 1979 Supreme Court 94 three judges R.S. Sarkarya the great judge R.S. Sarkarya O. Chinna Paradee and AP Sen R.S. Sarkarya being the author of the judgment His lordship. This is what the bench observed in paragraph 28 of Radhilaal Banji once a charge is framed The magistrate has no power under section 227 of the 1898 court corresponding to section 216 of the 1973 court or any other portion of the court to cancel the charge and Reverse the proceedings to the stage of section 253 that is 245 of the year 73 code and discharge the appeal So then once the charge is framed and the trial has started the magistrate has no power To retrace his step backwards to come to a pre-charges need. This is what the three judge bench observed in held in Way back in 1979 Now Sukdev Singh was this was binding on Sukdev Singh But unfortunately, they did not notice this and it was not brought to their motive. So this thing was in 1992 Whereas the other one the earlier three judge benches 1979 now After Sukdev Singh in fact before In Kerala in the High Court of Kerala Santos versus state of Kerala 2003 volume 1 KLT 795 Author of the judgment is justice and Christian lawyer. This just relying on Shyama Charan. In fact 19 a year 1934 Patna 3 3 0 Ram Kishun versus state of UP that is 1996 criminal law journal 440 alone relying on a Patna decision and an Alhava decision The learner judge held that The court can at any stage allow the accused to withdraw his earlier plea of not guilty and Permit him to plead guilty and that section 229 of the 1898 code corresponding to section 216 of the 1973 code need not need not be given a restricted meaning in fact this This learner judge did not notice Sukdev Singh But relying on a Patna decision and Alhava decision to sell that he can The court can permit the accused to withdraw his plea of not guilty and allow him to plead guilty at any stage of the deal This was this was again contrary to the three judge ruling in 1979 Supreme Court page 94 Sandals case was really a summary trial in which there was no question of any charge being amended Secondly, there are also the three judge-bent decision of Redilal Banji year 1979 Supreme Court 94 Which was not brought to the notice of the learner judge though it was binding on the learner judge Subsequently another judge subsequently in shiny mule shiny mule versus state of Kerala 2015 volume 3 KLT 263 The author of the judgment is Alexander Tomes justice Alexander Tomes relying on son the two Patna decision and Sukdev's that the Kerala Kerala code decision earlier decision by justice Christian Nair and So this thing also was relied on to hold that the if the guilt if the accused is Admitting the guilt at any stage of trial even after the coming trial He can be permitted to plead guilty and there is no bar in the CRPC to allow that plea At any state of the trial after the framing of charge here also the scheme under the CRPC has been overlooked Ignoring the binding verdict in Redilal Banji Mitani year 1979 Supreme Court 94 still later in paragraph 12 of Racine Babu versus state of Kerala 2021 volume 4 KLT 22 double 2 2021 volume 4 KLT double 2 justice VG Arun of the Kerala code has observed that the dictum laid down in Sandosh Requires reconsideration even though this verdict does not take note of Redilal Banji 1979 Supreme Court 94 and shine and shiny mule and also Sugdev Singh The principles have been very correctly stated by the runner judge justice VG Arun of the Kerala code something and really this job but unfortunately he could not overrule an earlier decision by another judge of the high court nor could he Descend descend to the to judge Banji of the Supreme Court in Sugdev Singh. That's a Supreme Court judge So my conclusion is that even Sugdev Singh Even in Sugdev Singh the to judge Banji of the Supreme Court failed to consider or which was binding or Redilal Banji was binding on the to judge Banji decision. The three judge Banji by the Supreme Court Redilal Banji way back in 1979 1979 Supreme Court page 94. It was not brought to the notice of the two judges and Sugdev Singh and lays down the Law incorrectly. I'm therefore the considered opinion that whether in a summon trial or in a warrant trial or in a session trial It is not open to the accused to plead guilty After the trial has started Consequent on his pleading not guilty the magistrate or the judge as the case may be He's also not entitled to Retreat his steps backwards to the pre-charges stage So as to allow the accused to withdraw his earlier plea of not guilty and to plead guilty So this is an aspect which had which I had noted during my Lectures and during my Study lectures in the judicial academy. So there's a every possibility of judges and advocates coming Committing mistakes. So it is not as if after the commencement of trial. He can plead guilty He can retreat. He can withdraw his Earlier claim of not guilty and plead guilty. No, he cannot 79 supreme the scheme of CRPC coupled with 1979 Supreme Court page 94 prohibits any judge or any lawyer from arguing that the accused can plead guilty After the commencement of trial after the commencement of trial the case had to end in a conviction or acquittal as the case may be There cannot be any other via media. This is what Adalatrasad also said. This is what what? Subramaniam Chandrasee also said therefore Subramaniam Sethuraman also said therefore on this exact point Redhiraal Banji Mitani is on the point So long as that three judge ruling that is also rendered under Under the 1973 court present court therefore that decision is binding on all court in India Unless and under it is over as long as the provisions in the CRPC remain the same It cannot be overruled also. They have very just his secretary has very Beautifully explained the position in Redhiraal Banji. It is binding on all courts I only wanted this to to be brought to your notice. Thank you Thank you, sir I'm quite sure that people will understand as to in all the trials sessions warrant and Summons what is the position in respect of this fact as to whether the accused can plead guilty After the commencement of trial. Thank you for sharing your knowledge and keep blessing us with your knowledge as well as otherwise. Thank you