and Tamil Nadu Police Academy, the recorded version of this webinar will also be available and the link will be posted. Thanks for joining. Go to Mr. Sunderbhai. Thank you. Good afternoon friends, nice to see you all of you again. The topic for today, arrest may appear to be rudimentary, but we thought that this topic may be necessary for two, three reasons. First of all, it takes away the liberty of a person, and it is a fundamental right of a person that he cannot be deprived of his life and liberty except by procedures established by law. Now there are a lot of misconceptions about why an arrest is made during this investigation. So this has to be taken out and these misconceptions have to be voided. And even to this day, I can say with some statistics that this power to arrest is misused or there are arbitrary arrests or they are done in violation of the rules. Therefore, we must understand the law relating to arrest, how it evolved in our country over a period of time and certain details we tend to miss and as the saying goes, God lies in the details. We tend to miss those details, which will have a serious effect on our clients' rights. Now, we all know that under the CRPC, the arrest can be made for many reasons. There are arrests which are done in persons who have a warrant which are now dealt with in Chapter 6, Capital B of CRPC. So for today's topic, we are not concerned with those type of arrests because they have a judicial intervention if I may say so. The warrants are issued by the court therefore we shall not deal with that for the moment. Then we have these arrests without the warrant. That is the topic for today's discussion and even in that there are two types. One is arrests that are made during investigation and the arrests which are preventive in nature. The arrests that are preventive in nature are found in Chapter 11, Section 151 CRPC to be specific. Now, even in Chapter 5, there are different types of offenses or different types of acts for which arrest can be made without warrant, we will presently discuss about that. Now, this unfettered discretion to arrest and the arbitrary exercise of that discretion has been troubling the court for quite some time. We all know that misuse of the power of arrest depriving personal liberty have often been justified by the so-called societal interest it purports to take it upon. So this is where the clash comes in. Now, we have the law which is clearly spelled out as to in what manner and as to why an arrest should be made, but invariably these laws or these rules are violated very often and justified by the perverted societal interest it purports to take into account. So we all know that an arrest causes irreparable damage to a person's reputation besides causing other repercussions. Therefore, we must first understand what is the purpose of arrest during investigation. That is the first thing that we must all understand. In the last session, I shot in brief, I said about the reasons for arrest during investigation. Why this concept of arrest evolved? Because our law is that no man can be detained without a trial. That is the fundamental principle of criminal law. So why is that then you are allowing a person to be arrested? Fundamentally, there are only five reasons for that. One, the purpose of identification of the accused. Two, to ensure proper investigation. When I say proper investigation, it includes collection of evidence as well as prevention of destruction of evidence. And the number three is to ensure that he shall be available for trial. That is very important because otherwise if he doesn't have an identity, doesn't have a permanent residence, there is a possibility of his fleeing away from justice. Therefore, to ensure that is available for trial. Then fourth is to prevent him from committing other offenses, similar such offenses. And the fifth reason is to protect the accused himself from retaliation, etc. Now, these were the reasons that were found in the Police and Criminal Evidence Act 1984 that was enacted in England. This was pursuant to a report of the Royal Commission, which suggested that arrest cannot be made in all cases. And arrest can be made only in these circumstances that I just pointed out. And therefore, arbitrary arrest should be avoided. So, they, like our country, UK also had a similar issue about arbitrary arrest by the police. And therefore, they were forced to enact a law called the Police and Criminal Evidence Act 1984 for the purpose of streamlining the arrest, interrogation and detention of an accused. Now, interestingly, this particular recommendation was quoted by the Honorable Supreme Court in Jogindas Kumar's case and they suggested that we shall also follow this method. The Royal Commission, apart from saying the reasons or these are the only reasons for which an arrest can be made, also suggested another method of saying that if arrest, if the police decide that the arrest is not necessary or if there is no necessity arrest, they must issue a notice for his appearance and then use that for the purpose of investigation. So, you will find that this concept of issuance of notice is incorporated in CRPC in section 41, Capital A. That is in the year 2009. So, this was suggested as early as in the year 1994 following the recommendation of the Royal Commission that was made for enacting the British Act. All right. Now, we will discuss about 41A and its importance also. Now, the power to arrest and the necessity to arrest are two different things. Prior to 2009, the Act did not make a distinction about necessity to arrest and the power to arrest. It only conferred the power to arrest and did not specify or make any recommendation with regard to necessity of arrest. Now, they are two different things. Over the period, the law relating to arrest was evolved and both by judicial pronouncements and by legislative amendments. Now, and by virtue of all these things, we have tried to minimize the discretion for the police in effecting arrest as also to prevent arbitrary arrest. So, with this background, let us see how this law relating to arrest evolved in our country. So, only if we know the background, we will understand this principle of arrest, its object and how the misuse can be minimized. Now, in 1948, the United Nations Declaration of Human Rights in Article 19 declared that no one shall be subjected to arbitrary arrest. So, this was in 1948. India in the year 1979 ratified another covenant that is the International Covenant on Civil and Political Rights which declared that no one shall be subjected to arbitrary arrest or detention. So, this adoption of this International Covenant as you all know is by virtue of an executive action. The Supreme Court went into this and said whether or not this will have the effect of a law enacted by parliament, but yet since these rights have been adopted by an executive action and as the effect of quote, I am quoting the words of Supreme Court, this has got the effect of elucidating and effectuating our fundamental rights. They can be treated as facets of our fundamental rights. Now, therefore, the right to be not subjected to arbitrary arrest is a facet of fundamental rights. Although we don't have such a right explicitly made, it is one of the facets of the fundamental right which can be read into Article 21 of our Constitution. Now, this has been explained in PUCL's case in 1997-3 SCC 433 and Vishakha's case in 1997-6 SCC 241 where they talk about international covenants and how it is relevant for our country. Now, now that we know that this arbitrary arrest is also right not to be subjected to arbitrary arrest is a fundamental right. Now, wherever there was arbitrary arrest, the Supreme Court has come down heavily on the executive. There are a number of judgments talking about personal liberty of justice. Krishna here in the 80s, 70s and in the 90s for the first time in Jogildar Kumar's case where I was just referring to, it is reported in 1994-4 SCC 216 where they refer to the recommendation of the Royal Commission as to in what circumstances an arrest can be made and then you cannot leave completely to the description of the police and followed by DK Basu in 1997 where they made a number of recommendations. All those recommendations were suggested or became the part of suggestions by the in the 177th Law Commission report. This law commission was added by Justice Jeevan Reddy of the Supreme Court retired judge and he had suggested various reforms and amendments so as to prevent arbitrary arrests. This was and these recommendations were also some of it was incorporated from the recommendations made by the Supreme Court in Jogildar Kumar's case and also in DK Basu's case. And pursuant to this recommendation of the Law Commission in the year 2001, a number of amendments were made in chapter 5. The first of which came by the amendment act 25 of 2005, then the amendment act 5 of 2009 by which major amendments were made and which was followed by another amendment 41 of 2010. Or by all these amendments, the legislature to a large extent curtailed the discretionary power of police to arrest at least for the offenses punishable with punishment with less than seven years. Now then after what happened after 2009 when all these amendments came about which reduced the discretionary power of the police in large number of cases. When I say large number of cases, you will see majority of the offenses that we have are punishable with less than seven years. Well, there are only very few offenses in the penal code at least which are punishable with more than seven years. The after these amendments, the honorable Supreme Court in Arnesh Kumar's case, which is reported in 2014. Once again, after expressing displeasure in the manner in which arrests were being made an issued guidelines with regard to the action to be taken against police officer misusing the power of arrest besides also directing that the magistrate will be liable if they mechanically demanded the accused. Now what they did in arrest Arnesh Kumar's case was in, in addition to the amendments made in CRPC in the year 2009, they recommended a few more changes to the act and then they said this will be the law till some amendments were made by the legislature. Now let's see what Arnesh Kumar suggested and what are the amendments that changed the or which curtailed the discretionary power of the arrests. Now coming to chapter five, which is the subject for today's discussion. Now, as I told you this deals with the power of police officer to arrest mainly to power of the police officer to arrest in cases without a warrant by the magistrate. Now this also has been subdivided into three categories now personal development, it has been subdivided into three categories. The first category is cognizable offenses which are punishable with more than seven years punishment. That's the first category of division. The second category is cognizable offenses which are punishable with less than seven years and the third categories in other cases. Now in the other cases where arrests were made without warrant, these were already in the criminal posture court even prior to 2009. They were there since 1973. Now, so this is the first aspect of the what chapter five deals with in about arrests. They say in what cases arrests can be made divided into three. Now apart from that the chapter five also spells out the rights of the arrested person. This is very important. Many times we lose sight of these rights of arrested person and they are found in many details in some of the provisions. Then you have the duties of a police officer while making an arrest spelled out in chapter five. This is the third aspect and the fourth aspect is the incidental powers of the police officer while making arrests. These are the four God aspects that chapter five of CRPC deals with. There are other incidental issues that we will which are not of much significance. Anyway, we will discuss with that also. Now, like we saw there are four aspects which are dealt with by CRPC chapter five. First is in what cases arrests can be made that is divided into three categories. Second case is second aspect is the rights of the arrested person. Third is the duties of the police officer making the arrest. And the fourth is incidental powers of the police officer while affecting arrests. Now we will deal with this one by one. Now, arrest has not been defined in CRPC. The meaning of the word arrest has not been defined in CRPC. The courts have adopted the plain English language found in law dignities or English dignities to understand this word. In 1994, in Deepak Mahajan was the director of enforcement. The Supreme Court traced the origin of this word arrest and traced it to a French word called Arretil. A-R-R-E-T-E-R. Arretil meaning to stop or stay and signifies a restraint of the person. Now, in 2008-3 SCC-222, state of Oriana was the Dinesh Kumar. The Honourable Supreme Court quoted Hallsbury's Laws of England to define which defined the meaning of arrest. The meaning of arrest as per Hallsbury's Laws of England was like this. Arrest consists in the seizure or touching of a person's body with a view to his restraint. Words may however amount to an arrest if in the circumstance of the case they are calculated to bring a tool and do bring to a person's notice that he is under compulsion and he therefore submits to the compulsion. So, it can be either by touching the person's body or it can be signified by words. You can tell a person that he is arrested and if he submits to that oral statement then that is also a deal to be an arrest. That is also an arrest. Though the word arrest has not been defined in CRPC but under section 46 as to how an arrest has to be made is spelled out in Chapter 5. Now, let us see section 46. I'll read the section 46 for you. Yes. In making, I hope all of you can see this screen. In making an arrest, the police officer or other person, when I read other person, I'll tell you the other persons also can arrest. We'll presently see who are those other persons who can arrest. Making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action. So, by touch, it signifies arrest and otherwise if the person himself submits to the custody by word or action, the touch is also not required. So, this is how an arrest is made. A woman, if it's arrested unless the circumstances indicate to the contrary, a submission to custody on a oral intimation of arrest shall be presumed. So, a woman shall not be touched is the idea unless the circumstance otherwise required or unless the police officer is a female. The police officer shall not touch the person or the woman for making the arrest. Now, if such person forcibly resists the endeavor to arrest him or attempts to evade the arrest, such officer or other person may use all necessary means to effect the arrest. These are incidental powers given to the police officer. Now, for the time being, we'll ignore that. Now, alright, now we saw in 46 that an arrest can be made either by the police officer or by other persons.  Who can arrest other than a police officer? The first is a private person can arrest under section 43 if a cognizable and non-bailable offense is committed in his presence. Supposing there is a murder happening in your presence or a cognizable offense, a serious offense that is happening in your presence, you don't have to wait for the police officer to come and arrest. You have a right to arrest under section 43. Now, I'll read 43 for you. Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and a cognizable offense or any proclaimed offender. So, who is a proclaimed offender? A person so declared by virtue of section 82 to 84 of the CRPC, chapter 6, chapter C of the CRPC, which deals with proclamation and proclaimed offenders. So, if a person is declared so, he can also be arrested by any person. Now, and he shall immediately take such person to the nearest police station or to a police officer. So, that is the condition for a private party. He can't detain him, he has to immediately take him to the police station. So, that is the only condition. Now, you will see 44 is an arrest by a magistrate. Now, this assumes significance because a magistrate also can arrest when a person commits an offence in his presence. But here, there is no distinction made with regard to whether it is a cognizable offence or a non-bailable offence. He can arrest a person irrespective of whatever the offence is. A magistrate can arrest a person or order any person to arrest. He can say I call somebody to arrest him on his behalf. All right. Now, this may appear to be an offence, but this is relevant to understand the concept of surrender before a magistrate and how personal to a surrender he demands under 167. We will discuss about that also. Now, apart from that, a magistrate, whether executive or judicial, may at any time arrest or direct the arrest in his presence within of any person whose arrest is competent at the time and the circumstance you issue over. So, apart from making an arrest of a person who commits an offence in his presence, he can also arrest or direct the arrest of any person whom he is competent to arrest by virtue of his position as a magistrate and for whom he can issue a warrant. That is subclass 2. Now, we saw what arrest, how arrest should be made and who all can make arrest under the CRPC. So, what are the conditions? So, the private person immediately go to the police officer. Now, the subject for discussion that we are going to concentrate on today is the three types of arrests that we contemplated in the chapter 5 that a police officer can make. In three types of cases, if I may say so, that a police officer can arrest without warrant. Now, first is cognizable offences of punishable with less than 7 years, cognizable offence punishable with more than 7 years and in other cases. Now, let us see what are the other cases in which the police officer can arrest without warrant. That is found in 41 capital A, 41 one capital A, where a cognizable offence is done in the presence of a police officer. So, there is no restriction, he can arrest immediately. So, there is no difficulty about understanding that a proclaimed offender can be arrested under 41 one C. Then, when a person is found with stolen property and commission of an offence with regard to that property, there is a reasonable suspicion that he is found with stolen property and he has committed an offence with regard to that property. He can be arrested 41 one B. That is any offence that is shot off theft. Now, if it is theft directly, there is no issue. It is a cognizable offence, it can be arrested. Then, if a person obstructs a police officer in doing his duty or escapes or attempts to escape from lawful custody, that is found in 41 one E and a deserter from the armed forces and persons who are accused of an offence outside India, which is punishable in India if committed in India and by virtue of any law relating to extortion liable to be apprehended and detained in custody in India, that is found in 41 one G. So, these are offenses which are not pending investigation. Now, please understand when I say other cases that is found in 41 C 2 41 one C 2 41 one I, these are offenses which are not relatable to offenses which are pending investigation. So, what are the offenses that we are talking about is offenses pending investigation. Now, very interestingly you will find, we all know that only in cognizable offenses a police officer can arrest a person. It is all well known, but even in non-cognizable offenses, they can arrest in certain circumstances. That you will find in section 42 subclass one, section 42 subclass one, when any person who in the presence of a police officer has committed or has been accused of committing a non-cognizable offense, refuses on demand of such officer to give his name and residence or give a name or resume with such officer is to be false, which the officer has reason to believe to be false. He may be arrested by such officer in order that his name or residence may be ascertained. Now, go back to what I said as to the purpose of arrest. Now, the purpose of arrest is to first fix the identity of the accused. Now, like when you see an offense being committed in your presence, immediately you go and catch hold of a person and you ask for his name, identity, etc. That is the first purpose of arrest. So, even in respect of non-cognizable offenses, if the person who commits another offense in the presence of a police officer and refuses to give his identity, he can be arrested. Contrary to the general understanding that in non-cognizable offenses, a person cannot be arrested. So, here again there are certain safeguards. If the person gives his address and identity, then he has to be immediately released. Alright, this is about 42-1. Now, under section 41-2 and by virtue of an amendment, they made it very clear that no police officer can arrest a person who has committed a non-cognizable offense. Now, you see these two provisions have to be read 41 subclass 2. 41 subclass 2 subject to the provisions of section 42. So, you have to read 41-2 and 42-2 together which says, subject to the provisions of 42, no person concerned in non-cognizable offense or against whom a complaint has been made or credible information has been received or reasons exist shall be arrested except under a warrant. So, this is clarified by way of an amendment. This was the law even prior to this amendment in 2009 but then they wanted to make it more explicit and therefore they brought in this amendment where police officers were arresting people in even in non-cognizable offenses and that is why they wanted to bring this very clearly. Now, that is of course subject to what we read section 42. Alright, these are the other cases that we just saw. Now, let us go back to section 41 which deals with these two classes of offense called the offenses. Now, let us read this provision very, very carefully. Now, this is the very important provision which will enable us to understand the what is the amendment that the legislators start to bring in. Now, any police officer may without an order from a magistrate and without a warrant arrest any person who commits in the presence of a police officer according to this we already saw. So, ignore that A. Now, B is leads to against whom a reasonable complaint has been made, has been received or reasoned suspicion exists that he has committed a cognizant offense punishable less than 7 years. Now, BA deals with, we will come back to B after we read BA, BA deals with offenses which are punishable with more than 7 years. Now, let us see BA for a moment. Now, BA deals with offenses punishable above 7 years. Now, here they say against whom credible information has been received that he has committed a cognizant offense punishable with the imprisonment for a term which makes it to more than 7 years. Whether with or without fine or rejection and the police officer has reasons to believe on the basis of that information that such person has committed the set offense. Now, what is the amendment that they brought in so far as offenses above 7 years are concerned is in the act prior to 2009 amendment in the code which is prior to 2009 amendment. It says reasonable suspicion and element of subjective satisfaction was enough so far as while affecting arrest. Now, here element of objectivity has been introduced by saying as reasons to believe. Now, reasons to believe is definitely more objective than saying reasonable suspicion. So, that is the amendment that is brought in for offenses above 7 years. Now, please make a note of that particular change. Now, let us go back to D now. D is offenses relating to punishments which are punishable for less than 7 years. This is where most of the offenses fall under this category. As I told you, there are very few offenses which fall under the category of 7 years and upwards. Many offenses like property offenses, many of your offenses relating to human body and all other offenses will fall under this category. Therefore, we will have to understand this very well. Now, let us see the conditions for making the arrest against who a reasonable complaint has been made or a credible information has been received or a reasonable suspicion exists that he has committed a cognisable offense punishable with the imprisonment for a term which may be less than 7 years or which may extend to 7 years whether with or without fine if the following conditions are satisfied namely first condition. The police officer has reasons to believe or the basis of such complaint information or suspicion that such person has committed the said offense. Now, the first satisfaction is that the police officer has reasons to believe. Now, as I told you, a reasonable suspicion is slightly lesser than reasons to believe. Therefore, they brought in this first change. Then, the police officer is satisfied that such arrest is necessary to prevent such person from committing any further offense for proper investigation and to prevent such person from causing the evidence of the offense to disappear or tampering with such evidence in any manner or to prevent such person from making any inducement, threat or promise to any person acquitted with facts of the case so as to dissuade them from disclosing such facts to the court or to the police officer or as unless such person is arrested is present in the court whenever required cannot be ensured. Now, you see all these five clauses where we read the Royal Commission where they suggested the arrest can be made only for these five reasons. Now, this was first found in Jogit Dakhumar and then by virtue of a report by the Law Commission, they suggested this and ultimately became a law in 2009. So, they say for offenses less than seven years, not only that the police officer should be satisfied that the person reasons to believe that the person has committed the offense that's the first condition. He also must be satisfied that any one of these five conditions are available for the purpose of making the arrest. If these five conditions are not satisfied, he shall not arrest even if the person has committed the offense. Now, so one of these funding conditions has to be satisfied the police officer while making an arrest. Now, and they don't stop with that. They say a police officer shall record while making such arrest is reasons in writing. This was not there in the previous court. So, here you see a police officer is obliged to record his reasons in writing for making such arrest. Now, the proviso is a very interesting proviso provided that a police officer shall in all cases where the arrest of the person is not required under the provisions of this subsection record the reasons in writing for not making the arrest. Now, please make a note of this particular proviso. The reason is not far to seek as to why they brought about this proviso. This proviso is was brought into only to ensure that once the police officer records that he's not making an arrest and thereafter if he decides to make an arrest he has to give reasons for why there was a change of mind. What was the intervening or change in circumstances which which made him to arrest in spite of recording his reasons for not making an arrest earlier. So, this is a very important amendment that was brought in by virtue of this amendment in 2009. Now, interestingly Arnaesh Kumar interprets this proviso and does not stop with it. In Arnaesh Kumar the Honorable Supreme Court says that this recording in reasons the first the decision not to arrest or to arrest must be made within the first two weeks after the affair is registered. Now, none of us will actually note this. Please note make a note of what Arnaesh Kumar said so far as this proviso is concerned. In Arnaesh Kumar they said though the time limit is not fixed in CRPC this decision as to whether an arrest should be made or not be made as to taken within the first two weeks. Now, this time limit was given in Arnaesh Kumar's case and we will take you to Arnaesh Kumar's case right away so that we will read that provision first. Arnaesh Kumar's case in Arnaesh Kumar's case the provision that I just said to you is extracted and then they say in the end to the end of Para 7. You see what I from a plain reading I'll read from Para 7.1. The plain reading of aforesaid provision it is evident that the person accused of an offense punctual recruitment for term which may less than seven years or which may extend to seven years or without fine cannot be arrested by the police officer only on his satisfaction such person has committed the offense punishable as a police officer before making an arrest in such cases as to further satisfy that such arrest is necessary to prevent such person from committing any further or for proper investigation which I read to you I will skip that. Now, let's go to 7.2. Now, here see the law mandates the police officers to state the facts and record the reasons in writing which led him to conclusion covered by any provisions opposite while making such arrest. The law further requires the police officers to record the reasons in writing for not making the arrest. Now, the necessity of sending the reasons to the magistrate within two weeks is found in paragraph 11.5 will go to that 11.5 first. The decision not to please no make an order of this paragraph 11.5 the decision not to arrest and accused be forwarded to the magistrate within two weeks from the date of the institution of the case. With a copy to the magistrate which may be extended by the superintendent of police or the district for the reasons to be recorded in writing. So, it mandates on the investigating officer or the arresting officer to make a decision as to whether he would arrest or not arrest within the first two weeks off from the date of institution of the case and send the copy to the magistrate if he say if he decides not to arrest then he will record reasons for doing so and then send it to the magistrate immediately and then if that time needs to be extended it can be only be extended by the superintendent of police. So, some check is given so far as the discretionary power. Now, you see if the police officer now let us assume a case where a police officer records his reasons and sends it to the magistrate saying that I've decided not to arrest. Now, thereafter, he cannot make any arbitrary arrest. He has to definitely give reasons for changing his decision that he had made earlier and which is already recorded and sent it to the magistrate. So, this is one kind of protection that was suggested to prevent arbitrary arrest which is a very important rule. Now, next important provision is what if the police officer decides not to arrest? What if he decides not to arrest? Now, you see section 41A of CRPC and then we'll come back to Arnesh Kumar. Let's see 41A first and then come back to Arnesh Kumar which deals with section 41A. And before it's seen, I'll start reading for you 41 capital A. The police officer in all cases, very important in all cases where the arrest of a person is not required under the provisions of subsection 1 of 41. Now, this applies to both offenses punishable above 7 years and below 7 years. So, whenever a police officer issues a notice under section 41A, it means that the police officer has decided that the arrest is not required. Now, very often, we find that after the 41A notice, immediately people rush to file an anticipated ban. Now, unfortunately, this particular provision is lost sight of. A police officer in all cases where an arrest of a person is not required under the provisions of subsection 1, issue a notice directing the person against whom a reasonable complaint has been made, or a credible has been, or as he says, that he has committed to appear before him. Now, what does he do after appearance where such notice is issued to any person? It shall be the duty of that person to comply with the terms of notice where such person complies and continues to comply with this notice. He shall not be arrested. Now, please note this. He shall not be arrested in respect of the offenses referred to in the notice unless for reasons to be recorded. So, there must be some extraordinary reasons for affecting arrest after the decision that he made not to arrest. So, it is not easy for a person to be arrested once the police officer comes to the conclusion or that is the arrest is not required. Now, where such person, now 4 is important, where such person at any time fails to comply with the terms of notice or is unwilling to identify himself, the police officer may subject to such orders as may be passed by competent court in Ubiya. Now, that is also by subject to such orders. That is where there is a bail order, then he cannot do that. Subject to such orders means it could be any bail order or any other order as may have been passed by competent court in Ubiya. Arrest him for the offenses mentioned in the notice. Now, this came to be interpreted in Arreshma's case. Now, let us see paragraph 9 in Arreshma's case. Now, let us see paragraph 9 is an extract of the provision under section 41A and they reiterate in their own language. Now, ignore 41A and see the portion that is Placitum F. The aforesaid provision makes it weird that in all cases where the arrest of person is not required under 41 one of CRPC, the police officers are required to issue notice directing the accused to appear before him at a specific place and time. Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice, he shall not be arrested unless for reasons to be recorded, the police officers are opinion that the arrest is necessary. At this stage also, the conditioned precedent for arrest as we need to date under 41 has to be complied and shall be subject to the same scrutiny by the magistrate officer. So, they say it is not only the Ipsetic seat of the police officer who gives reasons but also the magistrate must independently apply his mind with regard to the reasons furnished by the police officer. Now, what is important is what they have added in addition to this safeguard is, you found in paragraph 11.4, 11.6, sorry, 11.6. Now, the notice of appearance in terms of 41A be served on the accused within two weeks from the date of institution of the case with a copy to the magistrate, which may be extended by the superintendent of police of the district for the reasons to be recorded in writing. Now, here also a time limit is fixed by the Honorable Supreme Court as with regard to notice and unless the superintendent of police extends the time limit. So, therefore, unless we are aware of this particular change that is sort to be made by Honorable Supreme Court Arnish Kumar and 11.6 and 11. The section 41A has to be read together. Likewise, you will see that 11.5 and the proviso that we saw that where they decide not to make an arrest and give furnished reasons have to be read together. So, therefore, the chapter 5 and Arnish Kumar have to be read together and they have to be treated as Bible so far as when you are dealing with arrest. Now, this is so far as the provisions relating to arrest and how the Honorable Supreme Court has modified to the benefit of the arrested person to a large extent. Now, what are the rights of the arrested person? Now, let us see the rights of the arrested person. We saw how arrest can be made and now let us see the rights of an arrested person. Now, the first important right is right to consult a lawyer that is found in that is a fundamental right under article 22 subclass 1. What is article 22 subclass 1? No person who is arrested shall be detained in custody without being informed as soon as maybe the grounds of such arrest. Now, information of grounds of arrest is a fundamental right nor shall be denied the right to consult and to be defended by a legal practitioner of his choice. Now, the moment he is arrested, he has these two fundamental rights. One, he has to be told the grounds of arrest and two, he has a right to be consulted and defended by a legal practitioner of his choice. Now, this fundamental right has now been incorporated in section 41 capital D. Now, that is the first right that we have talked about an arrested person. Now, the second right is right to have a friend or a relative informed about the arrest. Now, 41 D have explained this is just a reiteration of the fundamental right that you found in article 221. When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of a choice during interrogation, though not through a drill. So, when you are talking about interrogation, it also refers to interrogation prior to production before the magistrate and also during interrogation after the magistrate orders police custody. It refers to both the types of interrogation and a right to be consulted is a fundamental right. Now, the second right that I was talking about is right to have a friend or a relative informed. Now, that you will find in 41 D cross C. Now, procedure for arrest and duties of officers. So, when you talk about duties corresponding the right is that on the arrestee. So, 41 BC says inform the person accused arrested unless the memorandum is attested by member of his family that he has a right to our relative or a friend named Vahim to inform it of that. Supposing his arrest is made at his residence, then the memorandum of arrest shall be attested by the person living in the house or family member or a respective member of the party. If a respective member of the locality attests it, then a right then a right accrues to the person to be informed to inform about his arrest to a relative or a friend that is class C. Now, that is second right. Now, so far as women are concerned, they were right not to be arrested before sunrise and after sunset as per section 46 subclass 4. So, 46 subclass 4 says unless, save in exceptions of circumstances no woman shall be arrested after sunset and before sunrise and where such exceptional property exists a woman police officer shall be making a written report obtained the prior permission of the judicial master of first class within an offenses committee. All right. Now, this is a right so far as the women are concerned. Now, the next important right that we many of us ignore is the right conferred under section 54 the right to be examined by a medical officer. Now, this is a very, very important right. Now, this has to be done immediately after arrest. Now, this particular provision has been followed in briefs many times. Now, what does this provision say? When any person is arrested, he shall be examined by a medical officer in the service of the central of the state government. And in case a medical officer is not available by a registered medical practitioner soon after the arrest is made. Provided if the person is a female, then he shall be examined by a female medical officer. Now, the medical officer or sub cost to say is the medical officer registered medical practitioner so examine that person shall prepare the record of such examination. Mentioning there in any injuries or marks of violence upon the person arrested and the approximate time when such injuries or marks have been inflicted. So, this is very, very important. Supposing at the time of arrest, there is an injury on the person that has to be noted and a report has to be made by the medical officer and the copy of the report must be given to the arrested person. Now, again, the reasons for this particular provision is also not difficult to understand because now when the person is followed with some injury marks or injuries at the time of arrest and during after his interrogation in the first 24 hours and his protection before a match state, there are a few more injuries. Then you have a record to show that these injuries have been inflicted during the interrogation. So, to prevent custodial violence and custodial torture, this particular right has been conferred. Now, many cases this particular right is being ignored, but however this right is given when the person is sent for police custody. When a person is sent to police custody, they ensure that there is a medical examination prior to his interrogation and there is another medical examination after interrogation. So, this has to be ensured immediately after arrest. So, this is something that we love to as lawyers to ensure that any person who is arrested must be immediately be examined by a medical officer. So, this is a very important right. Now, another new interesting provision was brought in in the chapter which says in 60 sub capital A, it says no arrest shall be made. Now, this is implicit in the language of chapter 5, but then they wanted to make it explicit by saying no arrest shall be made except in accordance with the provisions of this court or any other law of the time being forth providing for arrest. Now, what is the effect of this express statement is that if there is a violation of then then the arresting officer can be penal punished for offenses under the penal code. That is explained in DK Basu. We will presently see what are the consequences and what are the remedies that are available to arrestee if these conditions are violated. Now, the duties of a police officer making the arrest are one. So, when I talk about duties of a police officer that is a corresponding right for the arrestee. Now, section 41B, let us see section 41B. Every police officer while making an arrest shall bear an accurate visible and clear indication of his name which will facilitate easy identification, prepare a memorandum for us which shall be attested by at least one witness who is a member of the family of the person or the member of the family this we saw and then inform the person under the memorandum. Now, what is important is bear an accurate visible and clear identification of his name which will facilitate easy identification. So, person making an arrest must have an identification in his, he must have a badge containing his name which will facilitate his identification. This is very, very important. You can't go and arrest a person without informing him the police officer's name, the arresting officer's name. So, this is some important amendment. This was suggested in D.K. Basu to also to bring about responsibility on a particular person, to pin responsibility on a particular person who violates the disease. So, that is the reason why D.K. Basu suggested and this became amended in, brought in by an act by an amendment in 2009. So, these are duties of a police officer. Then you see section 50 talks about the police officer's duty to inform the arrested person, the 50, every police officer or other person, arresting any person without warrant shall forthwith communicate to him full particulars of offense for which he is arrested or other grounds of arrest. Where a police officer arrests without warrant any person other than a person of, he shall also inform, all right. Now, there are two things that the police officer is supposed to do. Immediately communicate to him the full particulars of offense that is section 50. Now, here there is a practical hitch. Now, the hitch is invariably the police say that they have communicated. The accused says that he has not been communicated. So, there must be an amendment which suggests that like you saw in section 54 where a medical officer will examine and furnish a copy of that report to the accused. Now, here also there must be a mechanism where the grounds of arrest is communicated in writing to the accused person and by an appointment and the copies furnished to the accused person. So, that is very important. Otherwise, this fundamental right that you saw in article 221 will be violated. So, this is 50. Now, 50 is also obligation of the person making to inform of the arrest to a nominated person. Every police officer has a duty bound to inform the factum of arrests as also the place where the arrested person is being held to friends relative. So, it can't be kept as a secret. No, they can't say we were arrested and taken to some undisclosed regression that is not correct. That is a right that is confirmed under section 58. The person whom the arrested person says has to be informed either friend relative or any other nominated person has to be informed about the factum of arrests and also the place where he is kept in. This is another duty of the police officer. All right. Now, what are the incidental powers? We will quickly run through the incidental powers of the police after making the arrest. Now, police officer that we saw in section 46 that he has a power to exercise force if the arrestee resists or attempts to evade the arrest that he will find in section 46. Now, in 47, the police officer has the right to enter any premises and also break open any door or window to check whether the accused person or the person who is wanted is available or after he is allowed permission if he is detained. If the police officer is detained, he has a right to break open and come back and relieve himself. So, that is, these are some of our interesting provisions and police officer also can pursue an arrested person anywhere in India. There is no restriction. There is no division about of stating and pursue a person anywhere in India. There are of course certain rules. State wise, we say you have to inform the local police etc. Now, he has a power to search the person under section 51, power to seize offensive weapons under 52, power to subject the accused for medical examination. Now, under section 53 and 53A, it is a different type of medical examination. So, we saw 54, it's a right of the accused to be examined. 53 is the power of the police officer to subject a person to medical examination for the purpose of getting evidence for is the offense that is being investigated. So, 53 and 53A deals with the offense if the offense is accused of rape and 53 deals with other offenses. So, these examination and 54 shall not be confused. That is the right of the accused and this is the power of the police officer to subject the person to medical examination for the purpose of investigation and collecting evidence. Now, 54A is another amendment which says that the court, the police officer can make a request to the court and direct the accused person to subject himself to identification for identification parade etc. Now, we saw the some of the rights, powers, duties and what manner the arrest has to be made and read along with Arnash Kumar's case. Now, what if these violations are made? Now, the invariably arbitrary arrest in spite of all this, there are still arbitrary arrests. So, how do we counter that? What is the action? What is the remedy that a arrested person has? Now, there are 3-4 remedies that are suggested by the honorable Supreme Court. In DK Basu, for the first time, they said there cannot be any wrong without a remedy. So, when there is a wrong, there obviously has to be a remedy that is our maximum, it would be just a remedy. Therefore, there has to be a remedy. In DK Basu, they said that you can prosecute a police officer for the offenses under section 220, 330 and 331 of IPC. 220 is confining a person. For example, let me read 220 for you quickly. Now, extorting and forcing a person to confess. Now, 30 and 331 also can be involved is what the honorable Supreme Court says. For prosecuting a police officer who voluntarily causes hurt for the purpose of extorting from the sufferer, any person into any confirmation, any confession or information. So, the 330 and 331 deals with causing hurt and causing grievance hurt for the purpose of extorting confession. So, this is one remedy under the penal law. Now, the second remedy is, now you saw just now 60 capital A which says no arrest shall be made except in accordance with the provisions. So, a violation of that particular statement or express provision will make a police officer liable under section 166 also. That is also a non-cognizable offense. You can prosecute them by filing a complaint. Now, what are the other remedies? Now, the other remedies that are suggested by the court is, we saw that not being subjected to arrest is a fundamental right. Now, if that is violated, you can move the high court or the Supreme Court for compensation is on article 32226 for violation of fundamental right. In DK Basu case, this is what the honorable Supreme Court said. The old doctrine of only relegating the agreement to the remedies available in civil law suit limits the role of the courts too much. As the protector and the custodian of the indivisible rights of the citizen, the courts have the obligation to satisfy the social aspirations of the citizens before the court and the law are the people expected to respond to their aspirants. A court of law cannot close its consciousness and aliveness to start realities. Near punishment of offender cannot give much solace to the family victim. Civil action for damages is a long drawn and a cumbersome judicial process. Monetary consideration for retrosal by the court finding the infringement of indivisible right to life of the citizen is therefore useful and at times perhaps the only remedy. So, in DK Basu, they recognize this public law remedy of awarding compensation for violation of fundamental rights. Now, this, this originated first in Rudolsa's case in 1983, then followed in Nilabati Baira in 1993 to SEC 746. Then in Beem Singh in 1985 for SEC 677. And the latest of all the judgment is Rini Johar was a state of MP 2016-11 SEC 703. Now, this is the second type of remedy that a person can have. Besides a private law remedy of prosecuting or filing a civil suit for false arrests, you can file a civil suit for claiming compensation for false arrests, which is a thought. Now, these are some of the remedies. Now, besides all these remedies, the Supreme Court in Arnes Kumar says in paragraph 11.7 and 11.8 says that where the police officer fails to comply with the directions shall apart from rendering the police officers concerned live for department action. They can, you can complain to the higher officer for department action. They shall also be liable for punishment for contempt of court. Now, this is very important. And in a few cases, apologies were reported in the Madrasa court, contempt action was initiated somewhere let by taking apology, etc. Now, so contempt also can be initiated directly before the High Court having territorial jurisdiction. If an officer violates any of the provisions, this is an extraordinary remedy provided by the honorable Supreme Court in Arnes Kumar's case. Then they also suggested that a magistrate authorizing detention on the basis of a false arrest or arbitrary arrest also should be made punishable and department action should be taken. Now, the citation that I quickly went through, I'll, DK Basu is reported in 1997, one SCC 416. Rudalsha, which talked about public remedy is 1983, four SCC 141. Nilabati Baharas case, which reiterated this public remedy and payment of compensation is 1993, two SCC 746. And being seen is 1985, four SCC 677 and Rani Johar is 2016, 11 SCC 703. So with this, I will, this is about arrest and the remedies that you have for arbitrary arrest. So I stop here and take questions. I think I've exceeded the time limit already. Sorry about that. Can we take questions? Can I go to chat box and see? Yeah, I can read that. Is there any provision to punish the magistrate who made mechanical remark? Yes, the 11.7 says department action 11 points, 11.7 of Arnes Kumar's case is department action can be taken against the magistrate for mechanical remark. If there is an arrest warrant issued by the, on the culprit's name, will that warrant also act as a search warrant in his home or should he get a separate warrant for that? No, search warrant so far as the, to find out where he is, is automatic is part of the arrest warrant. But search warrant for other objects or which are objects of trial, that has to be by a separate warrant. Usually it is seen that for compliance of section 41 sub clause, clause one, sub clause B, police officers mechanically puts a tick mark on all the five reasons of arrest in the performer for compliance of section 41. How do you deal such a situation during the bail to show that the arrest is arbitrary? Yes, now that tick mark has to be followed by reasons and the magistrate has to satisfy himself about the reasons. And in fact, that reasons has to be discussed and you're right, they don't discuss those reasons that is kept as a secret by the police officer. And that has to be demanded. Saying that this reason is, there is a reason for specifying this particular provision where they say reasons has to be recorded and therefore it has a copy has to be given and you can attack those reasons. And that contempt here would be of this Supreme Court or High Court as procedure and power for one or two are different. Punjab and Arayana in the High Court refused to take cognizance of a contempt for violation of the Anesh Kumar statement saying that it is a contempt of Supreme Court. No, no, it says High Court, it has to be moved to the High Court. That may be wrong because specifically says the jurisdiction of High Court can be moved. In fact, Madras High Court has taken cognizance of a couple of contempt. Is the police officer authorized to take sumo to action under the Gunda Act? No. Gunda, he has to make a recommendation. The Gunda Act prevention is already by the collector executive master. Police officers can only make a recommendation. This is from YouTube. In one case, SHO file FIR accuses an old person so he is not filing the charge sheet for last two years. Is there any time restriction or what should be done? Here in Madras, we file a petition under section 482 for a direction to register or file a charge sheet saying that so that is the provision that we do. Same here in the Punjab and Arayana. If an accuser is arrested and demand for PCR and should the PCR he is admitted to the hospital and remains there for 15 days. What is it? PCR? What is the full form? Prevention of corruption maybe. Yes, yes, he can be arrested. It's like any other offense he can be arrested. He can't be sent to PCR. No, I don't think so. He can't be sent to PCR then what is the remedy for police? He will ask. All these rights are as the rest is made legally. What do they say if they call the, call to the police station and make them sit from morning to evening? That is wrong. Even illegal detention is wrong. So under 41A, they have to issue a notice and call for inquiry. That is the amendment that we have. PCR means police custody. I will read that question again. If an accuser is arrested and demanded for police custody and during the police custody he is admitted to the hospital and remains there for 15 days. Can't he be sent to the police station? Then what is the remedy for the police? He can't be sent. There is no answer to that in CRPC. He has to be sent only in the first 15 days. When the accuser is forwarded to the nearest magistrate by the police? As for section 42 sub-3 of CRPC, what order will the magistrate pass in such a case? He has a right to pass an order of remand. Because under 167, the nearest magistrate is equally empowered to apply his mind. That is what you find in Gautam Nawlaka's case. He will say that he has to be remanded and I am satisfied about remand. And then direct him to the police before the jurisdiction magistrate. Whether under section 41 sub-close A, notice is the applicant from 2009 amendment or from the Anesh Kumar's amendment? Anesh Kumar came later in 2014. 2009, he separately came from 2009. These are all the questions. Thank you. We are so thankful for again Mr. E.O. Prakash who has just to connect him. He will ask sir to unmute himself for a minute. Last question he says, what is the difference between a notice under section 41A and section 42? Let me see 62. 62 talks about someone's house out. What is he talking about 62 of CRPC? What is the difference between 41A and 62? 41A is a direction to the accused to appear before the police officer. 62 is someone's house out, served by a police officer. Two persons. So there are two different things. You can't be compared. It deals with process to compel appeal. Someone's house out or the person to whom it has been issued. That is 62 and 41A deals with a different subject altogether. If at the end of the prior, it is proved that the arrest is illegal. What will be the consequences? There are no consequences provided in the law. But you can always prosecute for malicious prosecution. There is a provision which says by the person who is trying, the lemma judge who is trying also can recommend action. But unfortunately, these are not put to practice. Nobody wants to pursue this once he is out of the system. He doesn't want to get into the system again through another method or through another door. He just wants to get out of the system. So this has not been tried and tested. Thank you, Mr. Sundar Mohan for educating us on a very interesting subject and a very essential subject also. Most of the times we see that whatever you have said on rules and paper being reached with not much of humidity. But in any case, educating the legal fraternity on these aspects is very, very important. Thanks Mr. Kass for having given this platform for a wonderful, educative system. Thank you very much. Thanks for all the participants. Thank you to all those participants who are watching us live on the Facebook, YouTube, as well as on this platform. Keep wearing your mask and maintain social distancing before we leave for the day. And thank you, Mr. Sundar Mohan. Thank you. As Mr. Umprakash just said that the topic was quite basic but not only for the judicial exams and for day to day practice, especially for the youngsters and the lawyers who want to understand or venture into this field of law. They will learn quite a lot of nuances in the suspect. And tomorrow again, we take a basic aspect, power autonomy, special power autonomy and general power autonomy by Mr. Suryaprakash Narendrao from Bangalore. Do join us tomorrow. Thank you everyone. Stay safe. Stay blessed. Thank you.


Testing testing. Hello everybody. All right. Nice to meet you. My name is Robert. I would miss your team and I guess this this Defcon has been a lot about privacy and you have seen a lot technical talks about privacy and this is ending Defcon is ending so I would love to leave you with some fundamental thoughts about what privacy means, what does it mean in our daily lives, what does it mean in our everyday use of blockchain and internet apps and if it's even possible to protect it. So let's start off. What is privacy? What is anonymity? Are they different? Are they the same? And how do they apply on our everyday life? Privacy? Well, what does it mean to have privacy? When you engage in an activity, let's say an online activity, you log into your bank account, you log into your Facebook account, you talk to somebody, you go into the bathroom. When you engage into an activity, privacy means having control of who has access to that activity together with you. If anybody, when you're creating your private keys for the wallet, you don't want to give access to anybody unless, I don't know, it's your wife. But when you log into Facebook, you give Facebook the right to change things but you trust Facebook to not change things beyond what you tell them to like clicking on the like button and if there is any entity, third party entity, unauthorized entity, which is monitoring your actions, that means you've lost your privacy.  Onanimity, on the other hand, is a little bit different concept. Onanimity means you go out into the world and you want the world to see what you're doing. You just don't want the world to know who you are. And like we're sending eaters on blockchain, everybody can see those eaters being sent. Nobody knows who is the person sending them or who is the entity doing that. And both concepts are really important. Privacy is there for us to be calm, to calm down. And anonymity is there for the society. It's a catalyst of change. Without one, we would not have freedom of speech or at least we would be very afraid to do so. So on the fundamental level, anything that happens on the internet is basically communication, right? Entity A is talking to entity B and they create a communication channel. And over the last couple of decades, this channel has been, well, I don't know how to say it, breached to be the least. You can monitor what's happening and sometimes even interrupt the communication. Let's talk about the same example, Facebook app to Facebook server. When you're in certain countries, you just can't reach that server. Why? Because somebody can see that communication channel being opened up and they cut it right there. So the question is, is it possible to even protect this channel between those two entities? And those two entities can be anything. It could be a device talking to a server, app to app, app to server, server to server, anything. So is it possible to protect? To protect identities of these two, that would mean anonymity. And to protect the content of the communication happening between those two, that would mean privacy. And we believe it is, and that's what we set out as a mission for ourselves. To protect the identities and to protect the content so that no third party, unauthorized third party entity could take a look, see who is talking and understand what they're talking about. So protecting privacy and anonymity. The question is, of course, how to achieve this. And we suggest to do it in couple phases. As a phase one, we're going to be building a decentralized network of VPN nodes, which means basically that anybody can become a VPN node. Just download an open source app, run it on your computer, and that's it. Anybody can connect through you if they need that communication and you'll be paid to serve this service. On top of it, we're going to add couple errors. For example, a decentralized discovery mechanism so it wouldn't have a single point of failure. An anonymous identity management so that you would know, like if entity A is using those three nodes, they would know whom to pay. And of course, an anonymous payment mechanism so that, again, it could not be tracked. In this case, entity A, if they want to talk to an entity B, let's say Facebook app to server, they would connect to a first node and let's imagine, I don't know, a Catalan situation and let's think there's a bit of a crisis taking place right now. And if the communication would be blocked, so they would connect to a first node somewhere in the Catalan, then the connection would be encrypted and the contents would be hidden, identity would be hidden. From this node, it would go to the next node, I don't know, here into Mexico, finally to the third node, right next to Facebook headquarters and then, right, unencrypted. In this place, all the way up to the third node, the traffic is encrypted and after the third node, third node has the keys as well as entity A. They decrypt the traffic and it goes to node B. It's an amazing technology. It can open up borders. It can go around, I forgot the word, basically, you cannot block content anymore because you cannot see what is taking place. But, of course, there is a little bit of, like, the final stretch is still not fully protected because you still have, like, for example, a third node can still become the node that's rogue and can contribute to the cost of tracking data and blocking data and man in the middle attacks and all the other things happening. And between this node and the final destination, there could be an ISPs, which again act as malicious ones and vice versa. So, is it possible to completely protect the channel between A and B so that it would not be possible to see who is talking and what they're talking about? And we believe it is. And that's what we're offering. Basically, after phase one, when we're building this infrastructure, when this is done, what we're going to do is we're going to open up a protocol. And any app developer who is wishing to protect their users, talking to each other, to protect their servers, talking to each other, protect their users, talking to servers, will be able to do so by integrating this protocol. And at this stage, the messages going out from the first place would be encrypted here, shredded, sent through multiple nodes, recollected at the exit at the destination place with private keys, which A and B have. They could be reassembled into a coherent message and consumed A and B trust each other, so they have no problem of sharing this information. Everything from outside would look like lots of gibberish. Every node would have, for example, node five would just see node four as some node, and they would relay the message to B without ever knowing if B is another node or the final recipient, and the same way goes for the node four. Node four would never know if A was just another node or original sender. In this case, what we would have is we will have a private privacy protected because of the communication content is not recognizable for any third party, not even a node, not us, not anybody anonymous because identities would be protected because only them would know who is each other and trustless because no node would ever be possible to take this information and make any meaning of it. So yeah, this will enable any app developer to integrate this private communication channel into their apps and making, well, making an unstoppable app. So that's it. I thank you. And let's work together.


Hello and welcome to ST's discussion regarding Asset Tracking with Sensortile.box and the NFC Sensor Tag in the Industrial and Medical Space. Asset Tracking is a rather broad term and can be anything from shipping containers, parcels, luggage, food and medicines, tools and utensils, as well as livestock, pets and many other things. Having knowledge of an asset's status is critical to providing safe transport of products such as critical medical items including medicines, vaccines, blood products and even organs. In the industrial space, the knowledge of the accurate location of the high value assets and the ability to determine the utilization of these assets, in turn, can help determine the best return on investment for these assets. To create a low power, versatile asset tracking node that can provide this type of information in an efficient manner requires extensive use of motion and environmental sensors as well as low power communications. In the next few slides, we'll examine the development boards that ST offers for sensor evaluation to accomplish this. Asset Tracking is a general term that can encompass different scenarios for each application, but with those different scenarios, there's a lot of commonality in the tracking device components to accomplish the task. Whether we're considering tracking high value medical assets in a hospital or a one-time use disposable tracker, sensors will be critical in providing the power efficiency necessary. Let's look in more detail from the technology standpoint at the requirements for each type of asset tracking application. Our goal is to make these applications smarter and to choose the optimal set of processing, sensors, connectivity and power management for the task. Each type of asset tracking application will have specific requirements and ST can address all of these variants thanks to our huge portfolio of sensors. Let's focus on sensing and connectivity technology and consider a package containing food beverages or medical pharmaceutical items. If a package was to contain perishable food items, then temperature and humidity monitoring are relevant and the low-power, low-cost MCU and RF should be used, NFC as an example. In the medical field, organ transplant shipments require monitoring of environmental and physical conditions such as temperature, pressure, humidity, light, vibration, motion that are experienced by the organs. As the asset value increase, also the investment in the sensor known can be higher and a wider set of sensors and Bluetooth technology connectivity can be the optimal choice. ST has all the key elements to address such asset tracking solutions to ensure product integrity and I will present in the next couple of slides two eval boards options that are great fit for these use cases. One of our more versatile development boards is the SensorTal.box. This evaluation platform consists of an assortment of useful sensors including a 6x6 inertial measurement unit or IMU, two different 3-axis accelerometers, a 3-axis magnetometer, an absolute pressure sensor, temperature sensor, relative humidity sensor, and an analog wide band MEMS microphone all controlled by an STM32L4 Cortex-M4 microcontroller communicating via ST's Bluetooth low-energy module and powered by a lithium polymer rechargeable battery. The SensorTal.box has three operating modes to let you explore the use of sensors through the STBLE sensor app wizard in entry and expert mode, both of which require no software coding to be used, or with the available STM32Q function packs in the professional mode. Specifically for asset tracking, a dedicated software package is also available called FP-ATR-BLE1. This software package includes support for pressure, relative humidity, temperature and accelerometer sensors, and offers a complete application example on how to create an asset tracking application with communication over Bluetooth low-energy, and options to record events like tilt and orientation change or record excursions of temperature and humidity outside a certain range. If instead you would like to develop a simpler and lower cost asset tracking device for packages containing food and beverages, ST's NFC sensor tag with its NFC dynamic tag can be the right option. The ultra low power sensor node evaluation board mounts an ST25DV NFC tag, an STM32L0 low power Cortex-M0 microcontroller, various environmental sensors including temperature, humidity and pressure, as well as an accelerometer motion sensor. The system is powered by a CR2032 battery, or alternatively can be supplied by the NFC harvesting feature. This smart and flexible kit includes a dedicated software package, FP-SNS-SmartTag1, with a sample application to monitor and log sensor data over NFC from a smartphone. Visualizing this process is much easier, so we'd like to show you a quick demo on how to get easy access to the data from the sensors. This can be performed either using the sensor tile dot box or the NFC sensor tag, reference in the previous slides, along with the ST asset tracking smartphone app, acting as a gateway to the DSH-DAS asset tracking cloud application powered by AWS. The dashboard together with the app simplifies the process of creating the IoT things in the cloud with the appropriate certificates to establish a secure connection to the AWS. Thank you. On the dashboard, let's navigate on the top left menu and login with your Google account. As you see, no devices are present. On the smartphone, here mirrored on the screen, let's open the ST asset tracking app and tap on the cloud icon to also login. Nothing to see here also. Let's go back to the main menu and tap on the Bluetooth icon, allow Bluetooth access to the app and let's press the user button on the sensor tile box to start advertising. You see now ATB underscore 100, that is the default name for the sensor tile running this function pack. We can now configure our tracker based on sensor tile box. Let's set the sensor reading to one minute. We can now add the features and triggers to the tracker, for example temperature greater than 30 degrees Celsius, humidity greater than 50%, adding a wake up interrupt based on shock greater than 2G. And finally, a detection of a tilt event. Next let's hit the save button and the sensor tile box will disconnect and start logging. Let's focus now on the sensor tile feed on the bottom right of the screen. Every time that an event is triggered, a blue light is blinking. Back on the application, let's tap on the Bluetooth icon and press the user button on the sensor tile box to connect it to the app. I will now move to the data tab and as you see, the collected data are now being transmitted to the app. The app will ask if we want to sync cloud data. Let's tap on OK. Next I need to give a unique name to my tracker, in this case st underscore devcon. The app is now communicating with the AWS cloud and creating a thing associated to the sensor tile box in my account and exchanging the security certificates to guarantee the uniqueness of my tracker. Once connected, the upload phase starts and the data now residing on the phone are being transferred to the cloud. There you go, uploaded completed and as you can see, we can visualize directly on the app both the sensor data and the alerts triggered by events. Let's go back now on the browser. I click on devices and refresh the browser status. As you can see now, the thing STDevcon is available and the same data we've seen on the smartphone now augmented with location data from the phone can be accessed from anywhere. I'll now leave the sensor tile box acquiring data for a couple of hours. Let's go back on the dashboard and this time let's click on telemetry. We can select the STDevcon sensor tile box and the feature of interested with this time frame. Let's click then on the events and again select the STDevcon for the last 3 hours. We can observe here all the events triggered, wake up and tilt. Let's move to the NFC sensor tag now. I can tap on the phone with it to establish initial communication and configuration and then move on the data tab to transfer the data to the phone first and to the cloud later. Also in this case, I need to create a name for the thing and sync cloud data. Let's refresh the dashboard and here is my NFC sensor tag now visible. Let's click on it and here's the sensor data augmented with the geographic location. Thank you.


Cyanide for dinner, by the way Chishol, your house looks dope with all the greenery. I want to surround my rooms with plants, too, but don't have much time after a workday. Cyanide for dinner. The plants I have, really, or we have, require minimum maintenance. I mean, they probably require a little bit more than I'm giving them, to tell you the truth, but there are plants you can get that really don't require that much maintenance. One of the least maintenance plants in the world are jades, these guys, and they propagate like mad. Like, look at this, I need to clean this up, right? Poor thing needs a spray. This plant, I intentionally keep it dwarf like this. This guy I've had for at least 10 years. With jade, if you make the soil more rich and give it food and stuff like this, and give it lots of light, it grows faster. This one I keep like this because I like it. It's sort of like someone asked me before if I have a bonsai tree. This is my very, because I'm not giving the food so the bark is not getting thicker, right? It's a poor man's version of a bonsai tree, I guess. I have a handful of these that I grow jade, and I have big jade plants too. So they don't require too much. Okay, let's put this here for now. They don't require too much. These ones don't require too much either. Spider plants don't require very much. This guy here doesn't require very much. Actually, almost nothing here requires very much.


Hello, I'm Audrey Tong, Taiwan's digital minister in charge of social innovation. Really happy to be here virtually to show you some thoughts around digital transformation and how people-public-private partnerships can help countering the pandemic. Last year in 2020, on the first day of the year, we began the health inspections for off-life passengers coming in from Wuhan to Taiwan. And as the first values about the R-value, the basic reproduction rates of the new virus became trickling in, at the end of January that year, a couple epidemiologists, Professor Fancy Tai and Chen Yuxuan, gave a presentation to our cabinet office. They calculated a numeric model that showed definitely if three-quarter of people wear the mask and wash their hands across all the different districts and all the different townships, then we will not need to go into a lockdown. However, if less than that number of people have access to masks, then it's inevitable that we will face community spread. Because of this very clear 75% shared value, shared goal, we began a innovation process that began with the government technologists. In Taiwan, we have universal broadband and universal healthcare. So the pharmacists, most of them more than 90%, have a very quick fiber optic connection back to the National Healthcare Insurance Agency. And because of this, we immediately thought that we can ration out the mask produced this way on the pharmacies based on what the community have already trusted. The reason why we did not go with, say, mobile payments or other electronic payments to ration the mask is because we know in the more rural or remote places not everyone have the habit of using such mobile payments. And because of that, we will probably face pockets that less than three quarter of people have access to masks and therefore we chose the way that has universal inclusion. So inclusion is the most important value in the beginning of digital transformation. Just as we are rolling out the GovTech project, people in the civil society, the social sector people such as Howard Wu and Xinjiang Qiang here, they also wrote their own maps. In the Thailand city, they have visualized all the different stores, whether some of them still have masks, whether some of them run out of masks, they use a crowdsourced platform to ask people to contribute so that people do not have to queue in vain. And because in Taiwan, the civic tech community is very well connected to the cabinet office, so I immediately took their idea and asked the premier saying that we need to support the people who trust them with open data. And when open data is updated in real time, we call it an open ABI. So on the beginning of February, they got the access to all the 6,000 pharmacies and every 30 seconds, it's updated on their map, which pharmacies still have some mask available and which have just run out of masks and down to the individual pieces of mask sold. But at the same time, the pharmacies are also doing their own social innovation. Many pharmacists handed out those numbered cards saying, instead of swiping the IC card for national health care during the queue, they would ask people who queue in the morning to just deposit the IC card in the pharmacy in exchange of a small number and then with that numbered card, they can go back in the evening when the queue is no longer there and they can redeem the mask ration as well as their IC card. Now individually, this social innovation by the pharmacies could reduce queuing very effectively. Individually, the mask map can avoid needless queuing to the pharmacies that have run out of masks. But these two together, well, created a lot of explosive externalities, much like Mentos and Coca-Cola, so much so that a nearby pharmacy near my residence put a very large banner in the front window saying, don't trust the app exclamation mark. And why is that? Because if a pharmacy handed out the numbers, then on the mask map, it's as if they have not sold anything because it only counts the national IC card swipes. And so during the lunch break, they would sell everything on the map, it looks like, and people would call and complain that why are they not selling all the masks in the morning? Why do they tell the people who show up with the mask map at hand that they have run out of mask when they show still clearly that on the map app that they have still some mask left? And so to resolve this situation, we cannot take one side over the other. We cannot tell the pharmacies to stop handing those numbered cards. We cannot tell the mask map makers to stop updating every 30 seconds. Instead, we ask the pharmacists what to do. And after a couple weeks of co-creation, we eventually settled on a button. If they click the button, they can disappear from the map for the day. And so it's like a cloaking device. And so the moral of this co-development is that mutual trust relies on taking all the sides. Instead of choosing one side over the other, we need to engage in multi-stayholder conversations. Actually, we had such a conversation back in 2017 with the tax filing experience. George Jiuyun, a service designer, petitioned at a time saying the tax filing experience is explosively hostile to the citizens. And it was indeed a case. But instead of defending our policy, we simply said, OK, it's everyone's business with everyone's help. Anyone who can play about tax filing get to co-create a 2018, the next year's tax filing system go together, and that's exactly what we did. And when we did so, we did a API-first procurement, meaning that a system became like legal blocks. So when it comes, for example, for people who don't have time to go to the pharmacy to queue and they want to instead pre-order on an app, in March, it took us only a couple of days to change the tax filing platform. So it became a Musk pre-ordering platform. So across different ministries, they can nevertheless share the same infrastructure for cybersecurity reasons and also for privacy reasons. All these are already very well understood, familiar tax filing experience for people so people don't have to learn another new way of interaction during the pandemic. Again, this made people feel safe and also made development much easier. So API-first procurement is also very important. Also, the civil society sometimes speaks through interpolations of members of the parliament. This is MP Gao Hong'an. She was VP of data analytics at Foxconn before joining the parliament. So she knows something about data. And back in March, she interpolated administration Xi Zhonghe of Hezhen, saying that according to the OpenStreetMap community, even though it looks like that the population centers align almost perfectly with the mass distribution, it's actually a data bias. And why is it bias? Because not everyone own a helicopter. So what looks close on the map may not actually be close for the more rural places of people who have to rely on public transportation and so on. So she suggested that we need to correct this type of city-based bias. And Minister Chen, instead of defending the policy, again said, oh, legislator, teach us. And so we work with the OpenStreetMap community and the very next day, we change the distribution method and introduce the pre-ordering. So again, this is co-creation across all the different sectors in the society, including entrepreneurs. You're looking at Yolvent, a vending machine expert company. And what they did is that they convert the pharmacies which indeed relied on this manual processing of IC cards to be self-service vending machines. And after they roll it out in the Taipei city, the National Health Insurance Agency figured out how to work with such virtual pharmacies, how to extend their API so that they can handle this kind of authentication. And once they published that API, we made sure that all the four convenient stores, again, in the economic sector, more than 12,000 different stores all adopted their kiosks so that they can talk through the same API that the vending machine, the Yolvent team talked upon. And suddenly in April, we began pre-ordering at all the different convenient stores and that's more than tripled our distribution mechanisms. And that's the point when we got the 75% of people having access to masks and wearing them. When designing for the convenient store experience, initially we thought we could authenticate using the automated tele-machines, the ATM available in pretty much all the convenient stores in Taiwan. However, when we did a focus group I talked to, for example, this is Grandma Yang, a young friend of my own grandmother. My grandma is 88 years old and Grandma Yang is 70, 70 year old. And this KOL, Key Opinion Leader of the local community, really doesn't like going into a pharmacy to queue for a long time. And she used to complain a lot about the queueing experience. And so it looks like a perfect chance to introduce her to the ATM-based authentication and prepayment system. But she told me in no uncertain terms that if we use the ATM, then she will actually be very afraid because she'll be afraid that a password will be copied by the people queuing after her. That she'll be afraid that after a misclick of a ATM button, maybe she'll accidentally transfer her saving to the center of disease control accounts or many other failure amounts. And so she said, unless you can use exactly the same flow of experience as the pharmacies, she will not consider Convenience Store even though it's much closer to her community. So we redesigned the entire flow so that she can actually count the coins and pay through the coins on the Convenience Store with the staff there and use their national health card without requiring any use of an ATM card or mobile payments. And she was very happy and she helped convince younger friends like 66 years old, 55 years old. And that is how we get the fully inclusive design process. So again, include the senior people, include people who don't think about it, digital experience the same way as you do, as early as possible as focus groups, that will make sure that digital transformation feels safe to everyone involved instead of just a few people in the society. So finally, I would like to say that all this experience, we've documented it. You can check it out at Taiwan, can help that us and Minister Chen Shizhong as pictured here around the time last April when we hit 75% of monthly availability response to someone on Twitter asking if it's possible to dedicate some mask that we did not collect because many people already buy a mask from other commercial vendors. So dedicate the mask region in quota to international humanitarian aid and we implemented that too last year. And to date, there's more than seven million pieces mask dedicated this way. And we subsequently dedicated also the blueprint to make such a self-contained mask factory and so on. And I think this symbolizes the idea of Taiwan can help. So thank you for listening and live long and prosper.


There are days when we feel like an absolute failure. It's a normal feeling when things don't go as exactly as planned, or when the result of your struggles are not yet visible. When this emotion comes, it is almost impossible to think of yourself as a successful individual. Well, even though success has significantly been categorized with money and fame alone, there are also several signs that we're overlooking that can let us know that we're more successful than we could have ever guessed. In this video, I will share with you 9 signs that show that you are already successful. 1. You seek to help others. In his book, Give and Take, A Revolutionary Approach to Success, Adam Grant says, The more I help out, the more successful I become. But I measure success in what it has done for the people around me. That is the real accolade. Success is not just about building your reputation or amassing so much wealth for yourself. It is about giving your best without holding back, doing the best you can to change someone's life. According to N. Gary Clare, more success is attributed to those who contribute value to others than those seeking their glory. When you look into the life of many notable successes in the world today, you will find out that the solutions they create solve global problems. The difference between an entrepreneur and a businessman is that the vision of an entrepreneur is to add value to mankind, whereas the businessman just wants to get money to cater for his family. That is why entrepreneurs tend to be more successful. If your goal in life is not just to be wealthy but to be a person who adds value to people's lives, then you are on the verge of success. 2. You are open-minded. The law of attraction is one of the most essential principles of the universe. Being open-minded is incredibly useful when you are working with the law of attraction because it allows you to take the lip and start believing that it is possible to approach life in a whole new way. While open-minded people are always ready to learn from others, those who are closed-minded have fixed mindsets and are more likely to make myopic statements rather than ask intelligent questions. One of the attributes of highly successful people is that they are always open to see things from various angles. One composer and musician Frank Zappa once said, �A mind is like a parachute. It doesn�t work if it is not open.  You value your time and the time of others. Russian writer Leo Tolstoy once wrote, �The two most powerful warriors are patience and time. There is one thing every successful person knows better than to do is wasting resources, especially time. A successful person does not only value his time but also has respect for other people�s time. The adage the early bird catches the worm is one principle that successful individuals adopt. If you have built the habit of waking up early, not agreeing to appointments you can�t keep and going first for the once you fix, then you are already a successful person. 4. You are disciplined Self-discipline is like the background for success. It is the ability to control your impulses, emotions, reactions and behavior. Discipline allows you to forego short-term gratification in favor of long-term gain. Many people who fail in activities today do not lack intelligence. Neither do they lack the resources needed to succeed. However, they are short in the very crucial aspect of life. Self-discipline. You may have everything you need to succeed. Without discipline, you will end up wasting them. Little wonder, late American actress Helen Hayes remarked, �Everybody starts at the top� and then has the problem of staying there. Lasting accomplishment, however, is still achieved through a long, slow climb and self-discipline. Possessing self-discipline does not only mean you are successful but it also shows that you are capable enough to handle success. 5. You have a plan Do you know the difference between a wish and a goal? An intention is a dream without a plan. Or else a goal is a dream with a plan. Everyone wishes, but only successful people make plans. Successful people do not just make wishes, they set goals. Not having a plan is like embarking on a journey without preparation. This does not come from uncoordinated movements, it is a result of structures and long-term planning. If you have a life goal as well as a framework to follow to achieve the goal, then you are pretty successful. The old saying, �The person who fails to plan, plans to fail, still holds it until today.� 6. You don�t blame others You will never become who you want to be if you keep blaming everyone for who you are now. The billionaire American host, Oprah Winfrey, kept blaming her parents for the challenges she faced when growing up. She probably would not have been where she is today. Helen Keller would not have left her name in the book of history as the first deaf blind person to earn a Bachelor of Arts degree if she blamed the creator for her unfortunate situation. Oracle founder and former CEO Larry Ellison would not be worth $61.8 billion if all it did was complain about how bad his environment was. Blame passing has become a common trait among the youth of this generation. They spend so much energy condemning the government and justifying their illicit practices instead of channeling the energy towards making a better life for themselves. Pointing accusing fingers is an easy thing to do. Thus, if you can stand out of the blame game, you are already successful. 7. You Have Successful Friends Book of T. Washington once said, Associate yourself with people of good quality, for it is better to be alone than to be in bad company. Do a quick reflection, evaluate your five closest friends and come up with an average. Are your friends up, down or sideways from you? Maybe you don't know. But new research has proven that you are not only the average of the five people you surround with, but you are the average of all the people who surround you. Including those you have not met. Researchers Chris Teckis and Fowler found that if your friend smokes, you are 61% more likely to be a smoker yourself. Likewise, if a friend of your friend smokes, you are still 29% more likely to smoke. Likewise, if a friend of your friend is happy, you are 6% more likely to be satisfied. The kind of friends you have can define how your life will be. Thus, if you are surrounded by successful people, you are most likely to be motivated to become successful as well. 8. You Are Positive-Minded In one study, Martin Seligman measured the degree to which insurance salespeople were optimistic of personistic or personistic in their work, including whether they attributed failed sales to personal deficits beyond their control of circumstances they could improve with effort. Exhaust people sold 37% more policies than pessimists, who were twice as likely to leave the company during the first year of employment.  As a result, you develop a positive attitude and energy that is necessary for success. So if a half glass of water is given to you, do you say, this glass is half-filled or it is half-empty?  9.  Well, the reason for the delay in progress could be because the person's mind isn't functioning optimally. Mindfulness is a shift from being our thinking, being that blabbing voice in our heads, to being aware of our thinking. This subtle inner shift allows us to see our thinking objectively, to understand our emotions objectively and to have a better awareness of what we are doing. Vietnamese monk Thich Nhat Han once asserted, with mindfulness, you can establish yourself in the present to touch the wonders of life that are available in that moment. Ordinarily, just being conscious of thoughts might seem like an easy thing to do. However, it is not as easy as you sound. And if you are among the few who can develop the habit, then you are already successful. Often, you are too busy in life fighting fires, so much so that rather than appreciate the virtuous habits that you have developed over time, you drag yourself down with other people's achievements. Learn to understand your journey.


After each dedicating 10 years of service, military working dogs Dabbi and Oscar are laid to rest and honored with a memorial service. Thank you very much to the many people who attended the ceremony. I think Dabbi and Oscar can now go to heaven peacefully. Both dogs represented awards at the ceremony for their excellent service. I worked with Dabbi for over 10 years. Dabbi got a level 12 award, the highest award for inspection, and she was going to come back to Japan with it. But it didn't happen because the condition of her illness went bad. The handlers may get new dogs, but Dabbi and Oscar will not be forgotten. Pariyofsir Kristina Kofi, Fleet Activities, Sasebo, Japan.