Okay, so Hi everyone for those of you who don't know me. Hi, my name is Sam. I And I'm one of the Google developer experts for machine learning. I and today. I'm gonna be talking You know, I I also do. Yeah, I work in deep learning A little bit about myself. Yeah, I work in deep learning mostly in stuff related to language and dialogue. I I've done multiple startups in the past both B2B B2C. I Currently I'm working on a startup called Red Dragon with my co-founder Martin who's also here today and so what does Red Dragon do so I We do a number of different things. We're doing deep learning consulting and prototyping We're also doing education and training. We've just finished doing a training in Singapore just recently We'll have more trainings coming up later in the year. We're also working on Some key products that relate to conversational computing Creating natural voices and learning to sort of reason over knowledge bases All right. So today's goal is I want to basically go through sort of some of the key steps Whoa, why is it not coming up? Ha ha I want to go through some of the key steps of sort of like what it takes to actually make an AI product And I think that one of the things I see is a lot of people learn how to do MNIS They learn how to build a basic model they learn to do stuff You know maybe in Jupiter notebooks, but then they don't think about actually sort of taking a basic model and transforming that into an actual AI product I so I want to sort of discuss some of the real world challenges and I'm actually going to do it with a real-world example that I built I About ten days ago. I So I gave this talk last weekend in in Bangkok at the day there And I built this just a couple days before that so you'll see how it goes anyway So Google pretty much all of Google's products now contain some form of of machine learning or deep learning. I One of the classic examples was there's this slide. That's actually very old now This is almost coming on almost two years old that shows the the number of repositories inside Google that basically have I Machine learning or deep learning or ideally tensor flow In that repository and it's well over six thousand now I think it's getting close to seven thousand or more already and Basically, you know deep learning is now being used inside Google for all these different Products and certainly the reason why I sort of show this is to show you that you know Google is definitely leading the way but Everyone else is following behind and you're gonna see more and more that most products that are sort of digital products in some Way will will use machine learning you've got companies like Netflix who are making extensive use of this sort of technology You've got all different sort of fields, you know doing that So what I wanted to do today was basically look at okay What are some of the challenges that you have when you're building, you know an AI product and the first one I May sound a bit silly, but this is one of the you know most important ones I think is that just can it be done? Is it something that's even possible? So we get a lot of people asking us, you know, oh, can you build something that does X? Which is just you know like can you build something that you know? They might as well be saying can you build something that can read people's minds and then predict the stock market and do All 25 other things in one shot, right? and So the big thing you want to do is see like okay Is it possible and so one of the other things you want to ask yourself to sort of justify that question is has someone else done it before I? Another big and sometimes you'll see that you know that just because someone hasn't done it before doesn't mean you should you know Stop I but you should be wary of you know things that maybe haven't been done before I Is that data available? I think this is one of the key questions that we're constantly asking clients or people that we work with is You know you find time and time again that what people want to do is actually quite doable if they had the right data and You sort of end up saying to them well your business could collect this data But you need to go away now and collect this data for the next six months to 12 months And then come back with it before we can sort of do something with it The other things other sort of questions you ask yourself is like okay Can you find or synthesize the data? Especially if you're a startup you're often not going to have a lot of data at the start so you're going to be looking for ways to synthesize data and You know some of the key things I just wanted to sort of point out was that These sort of ways of looking at things are very different than sort of just building a model to learn about machine learning and also It's very different than academic sorts of things of building up You know a paper to be at NIPS or something like that. All right, so The way I like to think about it is can this task be broken down into component parts? One of the biggest sort of myths is that people think that okay Just because they learn about end-to-end models that in industry everything then to end usually not the case Right usually you have different parts or different models doing different things The other question I like to ask is okay. What's your problem like? Is it a classification problem? Is it a regression problem? Is it a generative problem? I hate you be surprised that a lot of things that will look a certain way Can be sort of refactored or changed to be a different way? I a classic example of this would be smart reply inside Google So the first you know paper for smart reply Or first of all this started out as basically an April Fool's joke in 2009 The okay Google made this product that would just reply to your emails Then people started to think about okay Well, maybe this could be done and the first sort of academic papers that we're looking at this Would use it doing it as a sequence-to-sequence generative model So it would basically read your your subject line It would read the text of your email and then based on that it would generate a bunch of text for reply the problem with this was that It would generate three replies and it turned out almost always that one of the three replies was I love you Because it was just safe right and the model learned that okay if it put that you know That was a safe response for a large proportion of things To get to the actual sort of production version and again, this is an older slide I don't I think actually smart reply now on mobile makes up about 30% of all replies. I the It needed to be changed and what happened was they actually changed it to be becoming from moving from a generative problem to being a classification problem that it basically looks at your email and decides okay for these responses I will pick one of 29,000 different classes So it's a very it's moving from something. It's sort of infinite to something. It's very finite and You know, I must admit when when we first heard about this We were quite disappointed because the academic paper was so amazing at the time That we thought oh wow if Google's actually got this working This is gonna you know This is could be a really big step along the way to you know a whole bunch of different products But it turned out in the end that okay I it was just turned into a classification problem and this is something that's very common in When you're building products like AI products for the real world Something that will seem to be sort of like totally generative when it actually makes it out into the real world. It becomes very um You know becomes a classification or something much simpler than what it was in the academic sense So, okay, this is what I wanted to start out doing So I I remember reading about this paper I don't know if you guys read about this last year and I thought oh, this is really cool at some point I would like to do this so probably about two weeks ago I started actually reading the paper and thinking okay Well, how am I you know gonna implement it look at some of the examples that we're out there And what this basically is is you draw a picture of a website and it turns it into code And it basically just takes your drawing and it works out Okay, how will it represent that in HTML? I and this is quite this is the paper that it came from I and the original one was was picked to code where they basically tried to do for HTML I They did it for I think XML for for iOS displays and and for Android displays for me I just focused on the HTML part now one of the first questions I always ask myself is well what is this like what is what kind of you know What kind of problem is this going to be compared to other things that I've seen in the past so the classic one I That this is is like is basically like image captioning So you may have seen this you know a year or two back the whole show and tell Concept of where you basically train up a model so that it looks at an image and it writes a caption Based on what it sees in that image I and you can see that it's pretty amazing that it has the ability to look at this picture And even though we can't sort of see any any sort of string or anything between the put the human and the kite The model is able to work out that okay if the person's facing the kite if the kites a certain height in the air Then it probably is a person flying the kite and Given enough data, you know both images and enough captions It has the ability to you know to you build the model so it has the ability to learn to do this So this is something that Martin and I were both very interested in a bit over a year back now And actually Martin showed a good example of doing this with a quite a what's become now famous paper Attention is all you need at our TensorFlow meetup So I encourage you to come along because often we show very cutting-edge things there So this is the first thing it's that I thought okay. Well, this paper is kind of like this The second one is that the whole idea of that if you basically use some sort of RNN or LSTM You can generate a config file So the slide here comes from a paper called neural architecture search Which basically led to nas net right which James was talking about you know This current state of the art in image Image net models is nas net and the way that this model worked was I can't go into all the detail But one of the key parts of it was that it basically had this RNN controller that would predict Certain parts which would then become like a config file Which would then get turned into basically a network. So for example, you can see there It's got like the number of filters. So here it's predicting one layer of a CNN And it's basically deciding the number of filters the the filter height filter width your striding. I and What it would do then is it would basically take that just very quickly about nas net What it would do is it would take that it would then build the model train it up and Then check the accuracy score and then use reinforcement learning back to feed into the RNN as a reward thing I so then over time it would change But the key concept here is that I was interested in was this concept of basically you can take some sort of RNN and You can use it to make a config file And that config file could be used then to build something like an HTML file And so another thing that this could be like that you can think of is I Some I'm sure many of you have played around with Cha RNN That how many people know the the model Cha RNN where you basically build a Recurrent neural network to predict the next character of text And maybe you've done it with Shakespeare or maybe you've done it with you know Some sort of text and that you find that after a certain number of iterations the model has the ability to actually predict readable text after a while so These are the things that I started out thinking well This problem is kind of like that because we're taking a picture and we're going to turn it into some sort of config file Which I'm then going to turn into an HTML file So let me sort of explain a little bit about yeah about the thing So there's key two key sort of bits of data that we're going to input we're going to input images and We're going to we're going to input sort of GUI configs So the GUI config on I'll show you a picture of one later on is basically just a representation of an HTML page in a much simpler format Then the model that I'm going to use for this is basically a convolutional neural network going into one of these LSTMs So we're going to basically a you know extract features and then go into that I The GUI file is basically going to become sort of like our vocabulary that we're predicting And then the last of all we're going to use really something that's not deep learning base But just simple coding base is this compiler and this compiler will basically take our predictions out and then use those Predictions to turn them into a proper HTML file So another way if you can look at this is you've got your CNN your CNN you can think of as being like a feature extractor It's looking at that hand drawn image and it's trying to determine. Okay. What are the key features in in here? Then that's going to make the configs and so it's a then we also make some configs and we tokenize them We then put both of those into a model to basically train An LSTM to come out of this and then last of all what we're going to do is as we're coming out We're using a softmax just to simply predict. We're turning this into classification now simply predict What is the next token based on what we've seen already? so I and Then we take those tokens where we call those tokens the domain specific language and we convert those to HTML So let's actually look at sort of a picture of the model architecture So here you can sort of see we've basically got an LSTM and a CNN going into an LSTM and That's going to predict our domain specific languages and our tokens in that case Then we're going to basically went at you know when we're doing in France We're just literally going to put in the the image itself and rely on the that to extract the features and to bring those out into our sort of LSTM and that's going to make the our config file So another key part of this is I've kind of touched on this already is the compiler so This is sort of like a real trick of the trade that you see for a lot of these sorts of things and that if we were you know How many of you know LSTMs and RNNs? Quite a lot right? Okay. Good. So if you've dealt with LSTMs and RNNs You know that they have a very limited amount of prediction power meaning that there's no way we could really train an LSTM to predict You know a thousand characters of an HTML file It's just not going to be that you know accurate at doing it And it's certainly going to fail at things like learning to open and close Different tags or learning to do that kind of thing. I So we need to produce this sort of config file That's what I was showing you before with the nasnet slide and then we have this the domain specific language these tokens That are going to represent and be compiled into the raw HTML stuff All right, so this is what an example of a config file looks like So each one of these is a separate token that basically the network is going to be able to predict Now, of course, remember we you know, these are going to be then tokenized and turn into numbers and fed in and But when we turn those when we make the the prediction out of numbers coming back out This is what we want to get something like this and you can see this has got a start a start token and end token so any of you have worked with Any sort of NLP in deep learning or any sort of sequence to sequence stuff This should be quite similar to those things you've seen before We then take that GUI and We basically have to then use a template to basically turn that back into the HTML and so this GUI basically, you know This config file just represents chunks and snippets of HTML if you think about that And it's just going to basically stick it all together and one of the things that we need to have though is a template file So we have a template file that is mapping from those tokens that we're predicting to actual raw HTML in this case and you can see that we've got for example an opening tag a closing tag I we've got it, you know different things for a header for a button for, you know a few different things like that Okay data now. This is where this becomes a real challenge. I is that Synthesizing data is you know one of the biggest challenges you're going to have in making any sort of AI product. I Usually you're going to have to find some way to make data at scale if you're going to make a commercial product It's been it's it's big. It's very well known secret I think that Google, Baidu, Facebook, etc. often will make products just simply to gather data Right, this has been become very controversial obviously with a lot of the things going on with Facebook recently I but you know Andrew has talked about this that Baidu There are a number of products that they've made with no intention of making any money out of that product that it's a lost leader purely to gather data I And if you can do something like that for your particular situation that's something you definitely want to do This will usually be one of the biggest challenges you face in making you know AI products I you then also often have to build your own tools to annotate data or to be able to you know Find some way of tagging data Another thing I don't have time to go into today But you can also use some sort of unsupervised learning or semi-supervised learning way to actually Take sort of raw data from the wild and you know label that or turn that into something Obviously the more data the better But the data must simulate you know in this case for example the data had to simulate what someone might draw and Another just really sort of simple tip is that this model crunches that image right down But when you're gathering data try and get it at the highest resolution possible because you never know When you're gonna want something that's higher res and in this case I actually got two of my staff to just sit there for two days and draw pictures right to get the data and If I had then gone back to them and said oh, sorry the image is not you know high res enough They would be pretty pissed off at me having to do that again. I But you know yeah, so like you do in this case we needed a lot of hand-drawn stuff So one of the things I did try with this which didn't work was trying out different sort of CSS You know styles or different ways of actually making it So this is sort of one of the things that I found on code pen Was a way to basically try and make buttons look like they were hand-drawn in the end though This didn't seem to work at the you know for what we were trying to do I if I was doing this probably further on I would maybe look at maybe even building our own sort of CSS stuff to make some way of being able to just Suddenly churn out, you know a hundred thousand web pages, but What we did was drew draw them. So these are some examples. I from from a test set The train sets basically the same sort of you know very sort of similar sort of stuff and you can see that the idea is just to get An understanding of okay, where the key parts of the layout of the website go So prototyping I The next thing once you've got your data once you're starting to build the model You know you've got to start then thinking about prototyping stuff So I you want to map out the sort of product workflow you you want to sort of keep about you know, I You know creating each part of it and stuff like that The big thing you want to do though is you just want to get something working ideally for me It's in a Jupiter notebook so that then I have something that I can basically you know take to people and and show Basically test to see does this work or does this not work the other key thing though You want to think about is and having the back of your mind is okay? What's going to be my end UI for this product? What am I actually going to how people actually going to interact with this product? so Let's have a look How's that for size? Okay, so this is the sort of prototype that I put together for in a Jupiter notebook So I'll walk you through it We basically I so I built the model right I've got the model I'm just loading the model I did the whole thing in Keras just to show that you can build something like this in quite a simple thing as Keras and Certainly, I would encourage you if you're using tensorflow and you're new to tensorflow use Keras Right, it's very simple to start out with as you get better at it You think could graduate to other things. So we've got our model All right, I'm gonna load up an image here and Here is the here's the image now You can see that what I'm actually doing is crunching the image down to actually just 256 by 256 So when I tried building different versions of the model at the start I use very similar to what James was talking about I was using transfer learning and I built basically You know, I just started out using different models Using different models to see like okay What would work in the end it would turn out that the image net models are probably a bit too complicated for the feature extractor that I needed So I went with a sort of simpler Network, but I stuck with the you know the whole sort of size just like the paper where they stuck with the 256 by 256 and Three channels deep in this case So then we've got the the tokens So these are the tokens I've got and you can see basically now I'm just doing a sort of lookup table to map the token to a number which I'm gonna feed in I Then need some some way of actually sort of generating those you know those Those predictions so basically what we're doing for those of you are not used to this sort of model system I'm basically making a prediction of one number that I'm passing that number back into the network to predict the next number So I'm predicting one after the other so I will get a sequence And you will see that actually here. So if I if I run this We can see that it what it's doing is it's predicting each one out now It's basically predicting that as a number. I'm using the lookup table to change it back to the GUI in this case. I I Then just right so then that's really the key You know the key sort of deep learning part has already happened there We basically extracted the features from what we passed in I'm saving it and then I've basically got the compiler set up to actually generate it into HTML and This is the HTML that it it generates. Let me look This is what this is our prediction Let's see how did it come compared to what we put in Not bad Okay, so if you were like me you'd be very suspicious that oh Sam picked one that's just gonna work So what I did then was I basically thought well, okay, really we should I Really we want this in some sort of web form or we want some way that people can draw it so I'm gonna do one on the fly and I'm gonna be drawing on my trackpad. So it's not gonna be very good but Let's say I Draw a few buttons And this doesn't always work because it's still very much in prototype phase Three or four buttons Let's go for four All right, and then I want to have sort of one long box Not exactly neat We have a heading we want a bunch of text there Oh We have a button I tell you what actually that's too similar to the one that we already did so let's add some more stuff we can add Now you'll notice that one of the things I've got in here that I've actually added in I is the page style so We can actually then sort of say to this we can pass in an argument or a condition of What type of pay, you know, what type of page do we want this to be? So that really relates to sort of like the CSS that we want to pass in so I'm gonna in for the first one I'll do bootstrap And then basically press my create HTML And you can say this is definitely not as neat as the one that I you know The would the training examples or this even the test examples. Okay, let's press it and see All right So Did it get the buttons right? Yes when I did it last week it added an extra button for some reason I'll just quickly go along and show you though. We could actually add even more to this. I So the the model can actually take, you know, quite a bit and this is sort of just to talk about this while I'm doing drawing You want to sort of stress test your product, right in the real world people would you know I'm not going to draw nice and neat So there's no point in sort of trying to you know draw neat or anything like that you want to basically Do it as as as much as a real-world scenario will do and this is one of the challenges that I see with things like You know, I work a lot in things to do with dialogue and stuff and people when they build chatbots We'll think that humans are gonna respond one way and humans respond a totally different way All right So you always want to try and gather as much data as you can from the the the wild and actually one of the things I actually put into this is that every time I draw something here or every time it basically we create an HTML page We actually save the image it as well So that then if we if we were looking at it and saw that okay It got this one right. It got this one wrong We could actually go back and sort of use those as training data for things going forward and this is a really common sort of thing for I You know that Google does that a lot of other big companies do so let's try material design I don't know how well it's going to do with material design. All right. All right. Let's to create HTML Thinking thinking another challenge with this is is that okay? For example, this response time is just way too slow for the real World so if I was going to release this as a you know as a start-up or as a product or something like that I would definitely need to be looking at optimizing for speed All right Did it get it all right? Yes, okay Let me go back to the presentation So Where to from here? So okay? I've now got you know something that's a prototype if I wanted to take this into production There would be a whole bunch of different considerations to think about and this is where you're going to be working with product managers with You know other types of people who are maybe not not going to know a lot about the deep learning or your machine learning or any of that sort of tech But for example with this product would this product be better as a mobile product versus a web product in some ways I think I could probably sell this as maybe an iPad app You know or something like that. I or what this product might be good is making an iPad App for some sort of web hosting services to give away for free But it only generates, you know files that work on their web hosting that kind of thing You want to think about I you know microservices versus monoliths I'm not going to talk about that much today But generally you want to sort of with a lot of these sorts of things you would want to have You know the TensorFlow running on maybe a microservice or intensively serving like James talked about You would want to think about okay the you're going to use a GPU or not Obviously when I was the reason why I was taking so long is I was doing the inference on my CPU here So therefore it was taking a lot longer to to actually work if I was doing that with a GPU in the cloud I could get the speed much quicker, but then also I need to think about you know the cost per API call All right, and especially if I'm doing something at scale those sorts of things become really important Your model size you always want to be optimizing for smaller models faster models One of the tricks for doing that we don't have a lot of time to talk about today Is you often train a big model and then you train another smaller model to learn from the big model? All right, and that's that's a way of being able to get around a lot of those things So if I was doing a mobile version of this, I definitely want to be using something like TensorFlow Lite or core ML If I wanted to make it for you know I could also then add in the bits for iOS or for Android meaning that I could actually make Layouts for Android apps or for iOS apps one of the things I wouldn't personally do this So I actually I had a lot of experience in mobile certainly on iOS. No one really uses the stock You know Apple widgets anymore people tend to make their own So I kind of feel like that wouldn't be a big advantage in doing that sort of thing If I was making it for the cloud, where would you know? Where would I deploy those HTML pages to at the moment? It's still just all running local business considerations Just now this is one. I think it's really important just because you can make something that's technically great doesn't mean people will use it and I actually kind of feel that this this particular product falls into that category I That I kind of feel like it's a really cool gimmick And it you know it looks really cool, but how many people would actually use it to design their website probably not many Right, so you always want to be thinking about well, you know, will people pay for this? I see this all the time when I'm you know mentoring startups and stuff that I see often They will make something that's maybe technically very great But really in the real world is no one's gonna pay for that product again, you know Is it a painkiller is a vitamin? It's kind of you know Does the ML or AI shine more than the actual product? This case I think it does And I think it's where your perfect example is like when I show it to you guys you understand that all there's a lot of You know hardcore deep learning going on there I showed to the average person on the street and it gets one button wrong and they're like I suck So you want to sort of think about you know those sorts of things From a more research perspective The other thing that I think would be really cool for this is you could actually develop a GAN to do this This is maybe something I will play around with in the future You could actually build a GAN for both making training images and also for making the different types of GUIs I You could also build a really cool system to be able to basically just go out and crawl current websites and Use that to make training data for you So that people could actually you know do things Another thing is that I would definitely want to add more tags to this so at the moment I don't have any sort of image tag So really what I should do is have a box with maybe a cross through it and that would be showing that okay We want an image there or something like that anyway, some tricks of the trade I Follow Google's example play to your strength. I Google is definitely the king of search and they tend to turn things into a search problems as much as possible I while I've signed a number of NDAs with Google I can't tell you you know sort of anything secret but I would say that you know one of the things that we've definitely learned over time is that Google will often turn things into a rank and retrieve problem or some sort of search problem Rather than just a straight-out prediction problem So that's something that you should you know definitely think about and obviously Google Home really is just a big massive search engine in many ways I Play to your data make things that you either have the data for can get the data for can steal the data or can create it I This is by far. You know when I when you see AI startups and stuff like that the It really comes down to okay. Do they have the data? Do they have a unique set of data that will allow them to do this sort of stuff? Medical data can be really hard to get yet So many people I see trying to do the medical thing and the radiography thing Really when a lot of the models now are just becoming like off the shelf You can take the best model from Kaggle. It's really comes down to who's got the data to you know be able to implement that I Getting millions of examples of something that you need from the public is really really hard So that's something that you also want to think about and that's it I'm happy to take some questions. There's some links to the original paper and original implementation of the paper as well Okay, any questions One right at the back. Like is it turned on I can't hear anything There was no reinforcement learning in this use no that was in the nas net one Right Alternative There's no real need to yeah for me I just certainly didn't see you know basically you're talking about tokenizing the actual vocab, right? I so in this case I think I use the kerosene built function often and I will write my own function depending on how I want to do it Often with the prototyping things is you you start writing something while you're thinking about something else too, right? I don't tend to use scikit-learn that much anymore too. That's why Right Right Okay, yes, so in this case I basically went for about I think it's 18 tokens That would define an HTML page, which is what the paper actually did There's no reason that why you couldn't build that up to say, you know double the size or even maybe triple the size quite easily Any other questions Okay, just simply because when I was using the the image net models They are all three channels. So I already have my pre-proc pre-proc written for that So I just went with that for some simplicity and for speed Definitely, you know, that's the kind of thing that if I was then going to go on and change this for production I would go back and redo some of those things like that and refactor those. Yes. Good point All right, any other questions? No Okay, next up We have one of our former students and


So in the next 15 minutes I'm going to tell you why Siemens created a new sector called infrastructure in cities It's a 17 billion euro sector 90,000 people working globally on it and why we believe that this Sector can create a lot of value for cities and vice versa Just I have to find out how that goes How did you do that? There's only one Okay, here we go so Before we created this new sector and I can tell you this is a lot of effort pulling 90,000 people together in an organization We went out and studied. What is the market? What is the market which Siemens can address? Market for cities and related infrastructure and we come we came back. We studied that we sent out people from 15 of our business units Talking to cities to mayors To decision bodies they came back as a 240 billion euro market just for the new sector only sums up to 25 billion for health care in other areas, which is not in the new sector and it's a market Which is growing faster than the average global GDP Of course, you'll know that that today the top 600 cities in the world which are cities with 750,000 inhabitants and more they're creating already 50% of the global GDP And that cities are still the the largest consumers of energy 40% of energy It's consumed in buildings for example They've also found out that this is a it's just a mega trend urbanization It's really a trend which carries on and it's a trend which we should not fight and there's a reason behind it because if you look at the growth and the GDP growth globally I believe there are basically three drivers number one is population and some areas Population is flattening out number two is efficiency technology and driving productivity basically and number three is urbanization because Urbanization and an urban our environment is the most effective and most efficient way to provide infrastructure for people Is it energy is a transport? Is it hospitals schools? Culture so therefore It's one of the major drivers of the growth of economy And this was also recognized by the kitchen of the newly one of the new leaders that this will also drive the economy of China for the next Decades so therefore a very interesting market for Siemens and Furthermore, we studied and I can tell you meanwhile I'm talking every week or every other week to mayors and we end up all the way in the same discussion and the needs are Really common. It's a kind of a pattern. We first talk about transport how to move people and goods within and City environment, it's a huge challenge for each and every city. Secondly is about energy It's about energy and energy efficiency Some for example when we talked to the mayor of Lagos his only concern was how do I get enough energy into my city? and if you talk to New York the question is how can I get with a limited space even more energy into the city because the city is consuming more and more third one if you go further is about the environment environment That means reduction of CO2 emissions clean air and last one is security believe it or not Security is one of the major concerns and this goes back To one common theme which is also unifying all cities. They are competing against each other on a global basis when we when I'm talking to Recently talked to mayor of Seoul. He was asking how is Seoul performing compared to Singapore Shanghai or or? Beijing for example, so that means they're looking to each other their benchmarking because they're competing for jobs They are competing for attracting talents. This is how cities are moving forward and actually This is a who is who of the portfolio which we are combining in this new sector It's about intelligent intelligent traffic management tolling traffic flow management. It's about smart grits The grits are really taking a very important role in the whole element grits are starting to talk to buildings buildings energy efficiency in buildings But it's also everything which is related to transport public transport in cities So basically the mission of this new sector is really being the pioneering partner for infrastructure in cities clean technology efficient use of resources Connecting informations and this is also about this new area of IT of big data There will be a lot of lot of data coming together in cities Which have to be used in a much more intelligent way than we use it before and of course Infrastructure and automating of infrastructure so I only talked about the challenges and again. This is a common. This is a common pattern which we see in all cities Wait one one point to mention again is waste and water. I skip that Waste and water is another big concern of every city water treatment In some cities the leakage of water is 50 to 60 percent The best by the way benchmarks are something like five or four And waste waste treatment is one of the major concerns So we pulled together a portfolio and we run it in five divisions rail systems It's all about rolling stock mobility logistics is the automation of how we may move people in goods in a city low in medium Voltage and smart grids is the whole grid the connecting the grids and building technology It's not only about energy efficiency in buildings, but it's also about security And safety not only in buildings, but for cities Maybe one interesting point is that some cities they're really going for a kind of a secure city concept Goes back to 9-eleven goes back to terrorist attacks in India where they are the people found out that deploying the emergency Forces is really a key issue that nobody knows really who is going where and why and when and Bring the data together the data of the emergency forces data of the cameras You have to bring it in a one one data fusion center together and creating One set of information in case of emergency you deploy the people in the most effective way Well having said that if you go for a new customer you also have to find new ways how to address the customer So we are building up a city account management and competent center for cities This is a very important element because when we start sending our sales guys talking to cities I mean they go there and just try to sell to the mayor a new train or the latest Propulsion system of Siemens, which is highly efficient. Well, but that's not really how you would address the mayor of London when we talk about he has concerns that how can I my traffic flow is too low or People are complaining that I don't have enough Public transport. So we start from a completely different level. So we have to find people who are really Let's say on a next higher integration level of talking to a city or decision makers or Infrastructure customers this is centered in the center of competence This is a different we are calling also people from the outside world bring this kind of competence and account management So we do have currently it's 60 70 people who are dedicated for one city doing nothing But talking to the city finding out who's who is deciding How is the decision process going? What are the projects and believe me or not? There are easier customers out there to deal with in terms of how to get a decision for An infrastructure spending so Again 17 billion euro turnover 90,000 people globally we have 60 account managers. This is increasing center of competence And one of in the center of competence Which is located in London by the way? It's close to the Darklands close to there to the city airport and I can invite all of you to go there have a look It's called the crystal It's not only office building where we do have our center of competence Experts on city planning on urban planning experts on our technology, but on the other side, there's the largest Exhibition on urban development And it's a very interesting place you can see one of the challenges and what are the technology solutions Which we can provide for cities So I'm benchmarking I talked about benchmarking which is a very important element for cities Not only to see how they do how they perform compared to others But also what they can what they can learn from each other and we we created this together with the economist intelligence unit This green city index if you by the way have an iPad you can download and you can search for green city index It's a very interesting one you can see the results we benchmarked more than 120 cities globally In terms of energy efficiency land use emissions and you name it and I give you some findings there For example Berlin Berlin is one of the best in terms of energy efficiency in buildings They did it with a massive investment in modernizing building converting cold furnace into central heating Increasing the city citizens awareness very important element for all cities, but also working on climate protection Partner of the year price, so We were invited to go into More than 100 buildings our engineers looked at it And we offered a energy performance contracting that means we are bringing the money every investing in these buildings We are sharing the used energy bill And finally it's a win-win-win to win for the city. They reduced The energy bill it's a win for Siemens as good business win for the environment because we were able To cut the CO2 emissions by 36,000 tons Savings of 6 million per annum for the city so they can spend that money in a different way and The investment is 27 million payback time is very interesting give you another example Right away here in London. It's about transportation. We are working this London now since 2005 on really how to upgrade Transport and increase capacity reduce travel time Redu and we introduced also this congestion charging one of the first in the world because it's not you're not very public If you're mayor and you introduce congestion charging, that's not really what makes you more popular yet It solves your problem in terms of transport and of course also this cycle increasing the Pushing people more to use the bike We what we did we made congestion charging as I said the buses here in London run on our GPS space system We equip these buses on top with hybrid Propulsion systems e-car charging system regional trains connecting to the Heathrow all that together and again It's a it's a multi-year program all that together We were able to increase the traffic flow by 37 percent We have 20 percent less traffic going into London and on top 150,000 tons of CO2 emissions What do these stories tell you before one more point look into the future? I was also asked to talk a little bit about what technology What a kind of impact would technology make into the cities in the future? This is a picture of the future we do that for certain areas We did that also one for cities and I give it just a quick walk through number one The grids talk to buildings buildings are more and more prosumers they consume and they produce and It's more and more decentral energy The amount of decentral energy power globally grows by 5.2 percent compared to the central power of 3.5 You have more and more and again the building has to start to talk to the grid Secondly urban and interurban mobility there are 800 to 1000 kilometers of metro lines created every year in China similar 500 to 600 kilometers in India Next one power coming from renewables renewable resources and so Wants to cut one power plant nuclear power plant in using less energy going for more energy efficiency intelligent buildings with zero emissions Which are again buildings who are presuming they also have to have storage capacity decentral energies generation and storage Requires that the grid is a completely different grid than the grid We are talking to right now intermodal transport solutions That means and coming back to one of my priors prior speakers The city have to has to stop talking in silos that somebody is responsible for transport another one for energy another one For whatever it has to be a really a more integrated way of look into the city otherwise we would not Make make the city move into the next generation Intermodal transport solutions is one of the biggest point the cities who understand their transport problems They understand that they have to connect the view of managing the transport on on road and on public and We have interesting solutions there as well and the whole thing will be connected by it There's so many informations generated by so many sensors all over the place cities are going to monitor What's happening the city? How do they measures they put in place to to reduce energy efficiency? Energy consumption increase efficiency how it works that will go to together Into thank you into one data set so well a company a set of organization They set up the new organization We adapt to the city and we are bringing technology to our partner and on the other side of the city And they have also some learnings which I skip because I come to my last slide of just one more minute on the right slide Is what is it what we learned from cities cities who are behaving good compared to those who are let's say following behind and these are The five basic learnings number one holistic approach as I said It's either it needs a strong mayor a person who is really have a vision and knows where to want to drive it It's important and it has to have a long-term planning Eliminate silo thinking I talked about it civic engagement The good the good cities they're coming from the very beginning and know they cannot move it really without getting The people engaged and benchmarking learning from each other Cities are going out their benchmark if they try to find solutions wherever they are in the globe This is one of the second most asked questions Do you have a solution for my city where shements deployed its technology somewhere and they go there they look at it If they like it they take it Secondly wealth is important. It's always good to have a good budget, but in the early stage the right policies make a huge difference Right technology and right technology partnership. It's a long-term partnership. It's not a quick sell We know that it's really making a partnership with the city develop it the relationship over the time Financing of course is an issue It's about cost-efficient solutions But also we do have solutions which we can save money or increase even the return Just talking about pricing for roads and last but not least very important message sustainable cities. They do They create jobs and they increase competitiveness meaning that they are at the end growing faster than the others So thank you very much for your attention


Mark, what do you got? A gesture that really stood out to me, which I rarely see anywhere else than in a Michelin-starred kitchen. When he cries, here's something I've never seen anybody crying do, to put their hands up here and then rub their fingers together to see if they've got tears or not, to see if there's any wet. Take a look, his hand goes up and then you see him do this. It's bizarre. That alone, that alone, because it's an outlier in anything that I've ever seen anywhere in the world. So that alone causes me, well, other than, you know, at a really nice restaurant, you know? And sometimes they'll do it from a height, as well, if they wanna be really fancy about it. Yeah, exactly, like so. So that alone for me causes me to go, okay, there's something going on here. Why do you need to check if you've got tears or not?


Good evening everyone. And as we have started a small series, if he's believed by saying it is small parts, keeping in view the timeline, it's a trial of someone's cases instituted on a police report. And the session is by none other than Justice Veeram Kumar, a former judge from Kerala High Court. As we have seen that we have started a series in this regard and who else can explain it better than Justice Veeram Kumar. We had made a special request on the request received on the WhatsApp to give us a deeper insights on these aspects and Justice Veeram Kumar had accepted it. Thank you for accepting our invite and Odeo sir. Thank you Mr. Vikas. Good evening friends. It has already been seen that a someone's case is one relating to an offense punishable with imprisonment after two years and below. That is up to two years only in view of section 2W and section 2X of the Code of Criminal Procedure CRPC for short. A someone's case can be instituted either on a police report or on a complaint. Let us first examine the procedure for trial of a someone's case instituted on a police report. Now the relevant sections are section 251, substance of accusation to be read over and explained it to the accused. Then comes section 252, conviction on pleading guilty. If the accused voluntarily pleads guilty, the magistrate may convict him. Thereafter straight away convict him. Then section 254 procedure when not convicted under section 252 CRPC. That is the real trial. Trial proper starts only under section 254. Then after the prosecution evidence is adduced, then the accused has to be heard on the incriminating circumstances appearing against him in the evidence for the prosecution. 313 examination. Then comes 255,1. Equit on merits. After considering the evidence, etc. The magistrate can acquit the accused on merits if there is no sufficient evidence. Now, otherwise section 252, 55. Section 255, 2. Conviction on merits. That is after considering the evidence, etc. If the magistrate feels that there is sufficient evidence to convict him, magistrate can convict him on merits. Unless the magistrate decides to proceed under section 325 CRPC or under section 360 CRPC. We will refer to these sections in due course. Then comes 255,3. Apart from convicting the accused for the offence for which he is tried, he can also be convicted for offences which are proved or admitted in evidence. If there is an offence which has been admitted in evidence or if there is an offence which is proved, then he can be convicted for that offence also under section 255,3. Then comes 258. Now, after the commencement of trial, if the magistrate finds that he cannot proceed further for want of evidence or for want of witnesses, whatever may be the result, he cannot proceed further. He can stop the proceedings. Proceedings can be stopped. Stoppage of proceedings is under section 258 CRPC. Then comes section 259. A summons case can be in an appropriate case converted into a warrant case. These are the relevant provisions which we are considering today. Now, with that we will let us examine the provisions, the procedure. Now, once the accused appears or is brought before the magistrate in a case instituted on a police report, the magistrate has to first comply with section 207 CRPC. As per section 207 CRPC, accused needs to be supplied with copies of the police report. Under section, the police report is the charge sheet. Then FIR, recorded under section 154 CRPC. Then statements of all other witnesses and all other records which the prosecution is going to rely upon during the trial. That is compliance of section 207. So, the moment accused appears or is brought before the court, section 207 is to be complied with. After complying with section 207, now the procedure is, first procedure is by the magistrate is section 251. On the judicial side, first procedure is section 251. Now, what is that? The substance of accusation is to be read over to the accused and explained to him in the language known to him. Substance of accusation, that is, particulars of the offence needs to be read over and explained to the accused. Now, the purpose of stating the particulars of the offence to the accused is to decide whether the accused should be put on trial. Supposing the material is produced by the prosecution, do not at all make out any offence. The alleged offence is not made out at all in the police report. Then why should the accused be subjected to the trauma of a trial? So, but once the in a summons case we have already seen in the previous classes. So, in a summons trial in a police report, trial starts when the substance of accusation is read over to the accused and his plea is taken and he pleads not guilty. If he pleads guilty, there is no trial. The magistrate can straight away convict him and impose his sentence upon him. But if he pleads not guilty or even after the plea of guilt, the magistrate is not inclined to convict him, then only the trial starts. So, the overruling and earlier decision of the Supreme Court, way back in 1992, that is, came Joseph, I am sorry. I don't remember, 1992 Supreme Court, where the Supreme Court held that even after the commencement of trial, the magistrate has got authority to terminate the proceedings midway. That was the view taken in 1992 Supreme Court. But that decision was overruled later by Adalat Prasad versus Rupal Jindal. That is, year 2004 Supreme Court, 4674 corresponding to 2004 volume 7 SCC 338, three judges. Justice Sandosh Agade is the author of the judgment. Apart from him, Justice S.B. Sinha and A.K. Mathur, the three judges went overruled that 92 Supreme Court decision and held that. No, once the trial has started in a summons trial, summons case, there is no stoppage of proceedings in between unless in a polychar case, the magistrate resorts to section 258 CRP. Otherwise, there is no stoppage of the proceedings. The case should end in a conviction or acquittal. Now, no via media. That was the view taken in Adalat Prasad, which was again affirmed by the Supreme Court. Another three-judge bench of the Supreme Court in Subramaniam, Sethuraman versus state of Maharashtra. Year 2004 Supreme Court 4711 corresponding to 2004, 13 SCC 324, again three judges. They held that once the trial has started on the accused, pleading not guilty. Then, there is no question of the magistrate retweeting his steps backward to a stage prior to the substance of accusation being went over and then discharge the accused. There is no discharge also. Therefore, it is not open to the magistrate to prematurely terminate the proceedings midway. That is the view taken in these two three-judge bench decisions. Therefore, now they are taking the cue from these two rulings of the Supreme Court. We judges in Kerala used to, what we used to do is, supposing the particulars of the offence given to the magistrate by the police in the police report do not make out any offence. Supposing the particulars do not make out any offence. Why should the trial at all be started? Why should the accused face a trial, face the trauma of a trial? So therefore, but once trial started, then it has to, the magistrate has to record the evidence, either acquit or convict, only on merits. Therefore, even before the starting of trial, if there is no material to make out the offence, we judges in Kerala used to terminate the proceedings even before the starting of trial. That is permissive. In fact, there is one decision by, in a summons trial, police charge case, there is one decision by Justice R. Basant. Dr. Kamala Rajaram, who is the DOISP of, DOISP, SP Rural Niyatinkara, 2005, 3K LT 617, 2005, 3K LT 617. Wherein, it was held that even before the commencement of trial, if the magistrate can stop the proceedings and prematurely terminate the proceedings. Actually, that is the case where section 258 was pressed into service. Once you press into service section 258, TRPC, even if the trial has started, this power can be used, power can be exercised by the magistrate. There is no question of the trial, the trial having started, the magistrate cannot terminate. Even after the commencement of trial under section 251, it is open to the magistrate to apply section 258 if the magistrate cannot proceed further. Due to want of evidence, due to, even after coercive steps being taken against the accused, against the witnesses, no witness is coming forward. Then the magistrate will have no alternative except to terminate the trial. So, the magistrate can stop the proceedings under section 250N. Therefore, this was the view taken by the Kerala High Court. Now, so therefore the substance of accusation, reading out the substance of accusation to the accused is of very, is of utmost importance. Unless the, of the ingredients of the offence are there in the particulars of the offence, in the substance of accusation, there is no point in acuting the accused being asked to plead whether he is guilty or not. And supposing the accused plead guilty, it is not a plea of guilt. He is only admitting the facts stated by the prosecution. There is no conviction. There is no admitting the guilt. He is not admitting the guilt because there is no, the offence is not made out. There is no question of the accused admitting the guilt. Therefore, it will be, the magistrate will be unnecessarily starting a trial by reading out the substance of accusation and taking his plea. Once it is started, then the magistrate cannot stop the proceedings midway. Therefore, it was held that before commencement of trial, the magistrate can drop the proceedings without reading the substance of accusation. But in a polychart case as we are discussing now, even after the commencement of trial, the power under section 258 CRPC can be resorted to by the magistrate by resorting to stoppage of proceedings, proceedings can be stopped. Now, there is a decision by Justice Subramaniam Poti of the Kerala High Court in state versus Gopinathapillai, where that is citation is 1978 KLT, 779, wherein his lordship held that if what is read over to the accused does not make out the ingredients of the offence, then even if the accused plead guilty, it is of no consequence because he is not pleading, he is only admitting the facts. There is no offence made out. See, you can't say that he has pleaded guilty. There is no question of convicting him. But once the trial has started, the magistrate cannot retrace his step backwards to a pre-trial stage. That is the whole problem because of the Adalat Prasad and Seiduraman, Subramaniam Seiduraman's decision. After 251, therefore, after 251 comes 252, conviction on pleading guilty. If after reading out the substance of accusation, the accused voluntarily plead guilty. The magistrate has to be satisfied that accused is voluntarily pleading guilty. That is, he is pleading guilty after knowing the consequence of the allegations made against him. He knows that he has committed the offence. He has the prick of conscience also. He doesn't want to state a falsehood before the court by saying that I have not committed the offence. He wants to admit the offence. He is admitting the offence, pleading guilty. In that case, if the magistrate is satisfied that the accused is not influenced by any other extraneous pressure. No police officer has applied pressure on him, has not intimidated him. He accused is acting on his own, voluntarily, of his own free will. Then if the magistrate is satisfied, the magistrate can straight away find him guilty of the offence to which he is pleading guilty. That is the power under section 252, CRPC. Now, if in case the accused is pleading guilty, the section clearly says that the plea as nearly as possible in the words of the accused himself should be recorded by the magistrate. The magistrate should record the very words of the accused, the very words used by the accused while pleading guilty. Which we in law say that it is a Latin expression, ipsisima verba. ipsisima verba means in the words of the accused himself, in his own words. Therefore, if the accused is pleading guilty, the magistrate should record the plea in the words of the accused himself, ipsisima verba. And then if he is satisfied that the plea has been voluntarily made, he may in his discretion, section 252 uses the word discretion. He is not mandatorily, he is not compelled to convict the accused. He is still the old, he has got the option not to convict him, but ask the prosecution to lead evidence. Therefore, even in a case where the accused voluntarily pleads guilty, the magistrate may in his discretion convict the accused. Now, convict the accused may stop the accused from challenging the conviction. Once the accused voluntarily pleads guilty and the magistrate straight away convicts him, he cannot turn around and say, no, no, I did not plead guilty. Once he pleads guilty, he is stopped from challenging the conviction. And mind you, that is why I said this power has to be exercised very carefully, very cautiously by the magistrate. Because magistrate should be satisfied that the plea of guilt made by the accused is really voluntarily made without any extraneous pressure or influence. In which case the magistrate can convict him, find him guilty. Once he is found guilty, accused cannot thereafter say that, no, no, I did not plead guilty. He cannot say. But if he has pleaded guilty to the substance of accusation which does not make out the offense, then he can certainly say that, true, I admitted the facts there. But even if I admit the fact, they don't make out the offense. Therefore, my pleading guilty is of no consequence. I can still challenge the conviction. Otherwise, there is a section under the CRPC, section 375. Section 375 CRPC says that, if the accused is convicted on his own pleading guilty, then he cannot turn around and challenge the conviction. He cannot challenge the conviction, but he can only challenge the legality of the sentence. Suppose he is sentenced to six years imprisonment. He can say six years is too harsh. Having regard to the facts and circumstances, it may be reduced. He can only plead for, he can only bargain for the sentence. He cannot say, I was wrongly convicted. No, he cannot say. That bar is there. Therefore, it is a very important that while convicting the accused on his plea of guilt, the magistrate should be very careful. The accused also should be very careful while pleading guilty. If he pleaded guilty without knowing the consequences, he may land himself in trouble. Mind you, once he is pleading guilty, voluntarily pleading guilty and the magistrate is straight away convicting him and is imposing a sentence according to law, there is no trial. Section 252, under section 252, there is no trial because he is pleading guilty. Prosecution is not called upon to induce evidence in support of the prosecution case. So there is no trial under section 252. Then courts have taken the view that just because he is pleaded guilty, the magistrate should not take his as an incentive for reducing the sentence. He has pleaded guilty. Just because he has pleaded guilty, it is not an incentive to the magistrate for reducing the sentence. Supposing he deserves a sentence of imprisonment for two years. Just because he has pleaded guilty, oh, he has pleaded guilty, poor man. Therefore, I am reducing the sentence to six months. No. For whatever he has done, give him an appropriate sentence. There is no question of any plea bargaining on the sentence because just because he has pleaded guilty. That is the view taken by the courts in the same Supreme Court has deprecated the passing of a plea-bite sentence on as a bargain for pleading guilty. You may refer to para-13 of Muralidhar Meghraj Loya. Sorry. Muralidhar Meghraj Loya versus state of Maharashtra. AIR 1976 Supreme Court, 1929 corresponding to 1976, 3 SCC, volume 3 SCC, 684. The judgment is authored by Justice V. R. Krishna here. Justice V. R. Krishna here. The other judge was Justice P. K. Goswami. Then, while convicting the accused on his plea, pleading guilty, the accused can also be convicted and by resort to section 15253 for offenses which are either admitted or approved. Other offenses which are either admitted or approved or he can also be found guilty under section 252 on pleading guilty by recourse to section 255 subsection 3, the RPC. This is the procedure. Then we pass on to the next section, section 254. Here comes the trial proper where the accused is not convicted under section 252 on his pleading guilty. Even on his pleading guilty, the magistrate may convict him or may not convict him. So, it is discretionary for the magistrate to convict him or not. So, where the accused is not convicted under section 252, even after he is pleading guilty or where the accused pleads not guilty, he says straight away says, I am not committed these offenses. I am not pleading guilty. I am not guilty. Or where the accused pleads not guilty, the magistrate should proceed to hear the prosecution and take all such evidence that may be produced in this section. Now, the word produce cannot be given any restricted meaning so as to saddle the prosecution with the entire responsibility of producing evidence. It is true that it is for the prosecution to prove the guilt of the accused beyond reasonable doubt. But yes, because prosecution has such a burden, the magistrate cannot put the whole burden on the prosecution. The magistrate should help the prosecution to produce witnesses. Production is not merely by the prosecution, but the court also can help the prosecution to produce witnesses by issuing process to witnesses. Supposing process to witnesses have been prayed for. The magistrate should issue summons in the first instance. Summons can be issued in the first instance. Supposing the witness does not respond to the summon, the magistrate can issue a warrant to the magistrate and ensure the protection of the witness before the court. All these additional steps, all these steps can be given by the magistrate to help the prosecution to produce evidence. Courts are the, in fact, there is a decision by the Madras High Court, State v. V. Rappan, A. R. 1980 Madras, 260, by Justice Paul, wherein it has been held there. Produce does not mean that it is for the prosecution. The entire burden is on the prosecution to produce the evidence. And if the prosecution is not seeking the aid of the court, court can straight away discharge the accused. The court also has got to play an important role, a proactive role in issuing summons, etc. And if the accused, if the witness does not respond to the summons, issue coercive steps, take coercive steps against the witness and see that he is produced before the court for giving evidence. Then, after the close of the prosecution evidence, as in any other trial, the accused has to be questioned under section 313-1BCRPC with regard to the incriminating circumstances appearing against him in the evidence for the prosecution. But in summons cases, this is, they must, only if the accused has been present during trial. Supposing his personal attendance had been dispensed with by the magistrate, either by resort to section 205-CRPC or under section 370-1-CRPC, then the accused was not present during trial. So, he need not be questioned under section 313-CRPC. But otherwise, accused has got a right under section 273-CRPC, mind you. Acute has got a right to be present when evidence against him is taken. But he can forfeit that right by asking for exemption, asking for personal exemption. So, if he has invoked section 205-CRPC or 317-CRPC and got himself exempted from appearance, then he cannot turn around thereafter and say, no, no, I was not questioned under section 313-CRPC. Therefore, none of the incriminating circumstances can be used against him. He cannot turn around because he had himself voluntarily applied under section 205 or 317 for personal exemption. If he was given personal exemption, he need not be questioned under section 313. Otherwise, in all cases where the accused was present during trial, he has to be examined under section 313-CRPC. As I had mentioned to you in earlier occasions, examination under section 313 is a logical extension of the principle of Audi, Altarum, Parkup. No person shall be condemned and heard. That is why the Supreme Court has taken the view that if any particular incriminating circumstance was, his explanation was not sought with regard to any incriminating circumstance against him during 313 examination, that particular incriminating circumstance should not be used against him while convicting the accused. See, a particular incriminating circumstance is there. He was not, his explanation was not sought during 313 examination, in the case where he was present. Then, while convicting the accused, this particular circumstance which was, regarding which his explanation was not sought, should not be used against him. Courts have taken to that, go on to that extent. Therefore, in fact, in Sharad Birdhichand Sharada, Sharad Birdhichand Sharada versus state of Maharashtra, AIR 1984 Supreme Court 1622 corresponding to 1984 Volume 4 SCC 116, three judges decision. Other of the judges are Murthasa Fazal Ali, A. Vardhar Rajan and Sabyasaji Mukherjee. They have held that if any particular incriminating circumstance was not put to the accused during his examination under Section 313 CRPC, court while convicting him should not use that particular circumstance against him for convicting him. So, that is the relevance of Section 313 CRPC. Then, we pass on to Section 255-1, acquittal on merits only on evidence, only after evidence. Now, under Section 252, we have seen if he is pleading guilty, court can straight away convict him without a trial. Now, trial started under Section 254, prosecution evidence was let in. Court is assisting the prosecution by issuing summons warrant, etc. Then, after trial, the accused can be acquitted on merits under Section 255-1 CRPC. And if in spite of such measures taken by the, to supposing the court had taken every measure to ensure the presence of witnesses before court, prosecution of witnesses before court by issuing summons, warrant, etc. Still, the court failed in, rather prosecution failed in securing the attendance of witnesses. In spite of the assistance rendered by the court, then it is a case where the court will be helpless except to record an acquittal. But it is only on evidence only. In state versus Europe, and that view was also taken a year 1980, Madras, 260. Kerala I. Court has also taken the view that this acquittal under, acquittal on merits under Section 255-1 can only be after ensuring that all possible steps for ensuring the attendance of witnesses had been taken by the prosecution assisted by the court. In spite of that, the prosecution evidence could be adduced, satisfactory evidence could be adduced. Then only there can be an acquittal. Kerala I. Court has also taken the view, same view as Madras I. Court in same year. That is 1980 KLT 393, 1980 KLT 393 by Justice SK Kathar, Justice SK Kathar of Kerala I. Court. Now we pass on to Section 255-2. Accused to be found guilty on merits only unless the magistrate proceeds under Section 325-1 or Section 360 CRP. Now prosecution has adduced evidence under Section 254. Entire prosecution evidence is there. There is enough material to convict the accused. There also the court, the magistrate has got two options. One is under Section 325-1 CRPC. For the reason that the magistrate is opinion that he cannot pass a sentence sufficiently severe, or where the, sufficiently severe he cannot pass a sentence. It is a case where the accused should receive more stringent punishment than the magistrate, than what the magistrate could inflict as per his sentencing jurisdiction. So he will have to make an opinion and submit the case before the Chief Judicial Magistrate for further trial and conviction, so that the accused will receive contained punishment, proper punishment. That is one course open to the magistrate. He will not pass a record and a conviction. He will conduct the trial. Then after the trial, the magistrate is seized of the entire picture. The magistrate can make a report, make an opinion. This is a fit case where I can convict only up to three years. My sentencing limit is only three years, but this man deserves a more contained punishment. So the matter should be submitted to the Chief Judicial Magistrate. 325 is the portion wherein he can submit the proceeding to the Chief Judicial Magistrate. Chief Judicial Magistrate can take further evidence if necessary or recall any of the witnesses already examined by the magistrate and then pass a sentence according, then convict him and pass a sentence according to law, which can exceed the sentencing limit of the magistrate who tried the case. That is one option available to the magistrate. The other option is he may be a first offender, accused may be a first offender. He may be, he may deserve to be dealt with under the benevolent provisions of the Probation of Offenders Act. 360 CRPC is only that. After the Probation of Offenders Act 1958 has been extended to a state, 360 has no operation. Section 360 CRPC will have no operation. Once the provisions of the Probation of Offenders Act 1958 has been extended to that state. So therefore then accused can be later on probation, can be later on probation or later after admonition etc under that provision. So unless the magistrate resorts to section 325 by submitting the case to the CJM or resorts under section 360 or Probation of Offenders Act, the magistrate has to convict the accused on merits, on the strength of the evidence induced by the prosecution. He can find the accused guilty and pass a sentence according to law. Here again section 255-3 which we noticed in the contextual section 252 will have application. Supposing there is any other admitted or proved offence, any other admitted or proved offence, the accused can be convicted for that offence also by recourse to section 255-3 CRPC. Then comes section 258, discharging the accused consecutive on stoppage of proceedings. This is a special provision available only in a case instituted on a police charge. A case instituted on a private complaint, this provision is not available. This provision is not there. 258 is available only in a case instituted on a police report. After the appearance of the accused and commencement of trial, if the accused should be present before court, accused should be in attendance while the prosecution evidence is taken by virtue of his right under section 273 CRPC. And midway, the magistrate finds it difficult to proceed further, either due to prosecution witnesses not turning up, even after court systems have been taken, or due to any other reason. The magistrate has come to a grinding halt, he cannot proceed further. Then section 258 comes to the rescue of the magistrate. The magistrate can resort to section 258 where such and stop the proceeding. Where the stoppage of the proceeding sees after the evidence of the principal witness, the main witness, principal witness of the prosecution has been examined, then it will amount to, the stoppage will amount to an acquittal barring a further trial. But if the stoppage was at a stage when one or two irrelevant witnesses have been examined, but no principal witness had been examined, then the stoppage can be continued and the stoppage will result in a release of the accused. The magistrate can, after stopping the proceeding, release the accused and the section says that relief shall have the effect of discharge, not an acquittal. For acquittal, principal witness should have been examined, but if an irrelevant witness alone has been examined, no other witness are available, instead of all coercive steps taken, then the court can stop, the magistrate can stop the proceeding and it will have the effect of, and can release the accused which will have the effect of discharge. Why the expression discharge is used is actually in summon trial there is no framing of charge and therefore there is no discharge, but why the legislature has used the expression discharge is that it will not bar a further trial, it will not bar a further trial. That is why, and he has to take the permission of the chief judicial magistrate, the magistrate will have to take the permission of the chief judicial magistrate before discharging the accused, before releasing the accused, which has the effect of discharge. And supposing for any reason the magistrate is able to complete the trial on a future date for any reason, he can take the permission of the chief judicial magistrate and revive the proceeding by resort to subsection 5 of section 300 CRPC. The magistrate can revive the proceeding and complete the trial after taking the permission of the chief judicial magistrate, because stoppage of proceeding was also after the permission of the CJF and the accused was only released, discharged and will not bar a further trial. Therefore, the magistrate can continue the trial, revive the trial after taking the permission of the chief judicial magistrate under subsection 500, section 300 CRPC. Now, in regarding section 258 CRPC, a division went to the Kerala High Court on 5-12-20-23, 5-12-20-23 reported in 2023 Kerala High Court cases online 8-21, 2023 KAC online 8-21, 8-21 is the page. Two judges are Jai Shankaran Nambiar and Kausar Edapagar. The division bench has taken the view that the magistrate can exercise the power of stoppage of proceeding, even in a case where the accused is evading the process of the court. See, after taking cognizance, the magistrate will issue process of the accused under section 204 CRPC. Now, supposing the accused is evading process, magistrate may issue someone in the first instance. If he is not responding, magistrate may issue warrant. And in spite of repeated warrant, the accused is not responding to the process. The division bench held that the power under section 258 CRPC can be invoked because the section says at any stage, but at any stage has to be understood at any stage after the appearance of the accused because under section 251, when the plea of the accused was taken, the accused has already appeared. Thereafter, the accused is expected to be present in all the proceedings. Of course, he can take, but he can get a permission to under section 205 or 317 to remain absent during trial voluntarily taken, but he is expected to be present. That is why he can be, these counsel can be permitted to represent him during his absence. And it is the counsel for the accused who will be representing the accused during his absence. But in the eye of law, accused is present. Therefore, after the appearance of the accused, only power under section 258 can be invoked. So, the division bench, in fact, held that this power can be exercised even in a case where accused is evading the process of the accused. In fact, the said view was not only contrary to the scheme under the CRPC, but also against the verdict of the Supreme Court in Renuka versus state of Karnataka. 2009, Volume 14, SCC 345. 2009, Volume 14, SCC 345. Corresponding to 2009, Kerman Law Journal 2245 by Justice S. B. Sinha and Justice Suryak Joseph. S. B. Sinha being the author of the judgment. The Leonard judges held that this power can be exercised only in the presence of the accused. So, accused has to be present. In fact, the division bench in my view was not taking a correct view by holding that an earlier verdict by a Leonard single judge. Namely, Justice Raja Vijay Raghavan. In 2019, 3KLT 98 corresponding to 2019, 3KLC 188 was not correct. Division bench said that this decision is not correct. In my humble opinion, with due respect, I would say that the Leonard single judge was right and the division bench was not legally correct. In the right of the Supreme Court, the 258 power can be exercised only after the appearance of the accused. At any stage means, at any stage after the appearance of the accused. In fact, that was the contention of the public prosecutor before the accused, but that was not accepted. Now, the remedy against evasion of roses is actually not 258 CRPC, but part C of Chapter 6 CRPC starting with Section 81, 82, etc. That is the remedy for non-appearance by the accused, evasion of roses by the accused. Then we come to Section 259, last provision, conversion of someone's case into a warrant case. This section, which is a new provision, empowers the magistrate to convert a someone's case into a warrant case if the offense is punishable with imprisonment for more than 6 months. And if the magistrate has an opinion that it would be in the interest of justice to try the case in accordance with the procedure for trial of warrant cases. The word re-hear the case indicates that the magistrate should commence the proceedings de novo, that is from the very start. That is what Section 259 mandates. The provisions of summary trial, etc. Now, with Section 259, the power to convert the someone's case into warrant case in appropriate cases. We come to a close of the trial of someone's cases on a police institute or on a police report. Now, you can ask any doubts, if any. I will answer your doubts to the best of my ability in knowledge and capacity. Thank you. Yes, sir. I'm just seeing as to whether we have, because of the chat, we don't have any. But I will just check it out as to whether we have. No, sir. There's only one comment by Mr. Hardik. Always thankful to Justice Rahman for such soulful lectures. Thank you. Thank you. There is one, I think. I think one Shankar has posted. Shankar says, if the idea failed to do proper investigation and include appropriate sections in the FIR and files an incomplete charge sheet, then how can the informant proceed further? How again? Then how can the informant proceed with it further? The question is not very clear. Incomplete or charge sheet is incomplete. I can read the question again. If the I.O. failed to do the proper investigation and did not include the appropriate section in the FIR and files an incomplete charge sheet, then how can the informant proceed with it further? If the charge sheet, just because the charge sheet is incomplete, that will not affect the power of the magistrate to take organizations as open. If the offense is disclosed by the materials produced along with the charge sheet. Supposing the materials produced along with the charge sheet are also deficient, then nothing can be done. Cognitions cannot be taken because the particularity of the offense is not made out. The charge sheet will be incomplete. But just because the charge sheet is incomplete, it will not affect the jurisdiction of the magistrate to take organizations as open if the offense is made out. Otherwise, it is made out. That is the legal position. If the witness does not want to appear to give evidence before court on the reason of possible job complications, then will that be considered by the court? Also, what if one is in abroad or unable to come in India to tender the evidence? Witness protection in India is not very satisfactory in spite of specific provisions made in the Indian Penal Code and CRPC. But unless the witness is coming forward in support of the prosecution, nothing can be done. Witness sufficient protection has to be given. If it is a police arcade, police will have to give sufficient protection to the witness to come to court and use evidence. But if he is not coming forward, nothing can be done except supposing he is intimidated by the accused or somebody on behalf of the accused. He has got the remedy under the IPC and CRPC. He can lodge a complaint before the magistrate. That is the only protection in the eye of law. Of course, we can say that the whistleblower who started the whole prosecution, who started the whole game should be protected. But his identity cannot be kept anonymous throughout the proceedings. Because if he is the person who set the criminal law in motion, he has to come to court and state so. Only thing the police can do or the magistrate or court can do is to afford adequate protection to him to ensure that he comes to court fearlessly and deposes before court. Nothing else can be done. In some unscathed investigation should be completed within the period of 6 months. If not, then what is the action? The magistrate will be answerable to the chief judicial magistrate. That's all. That will not invalidate the proceedings. If that will do under various statutes, district judges, high court judges, all are there is a time limit for certain proceedings to be completed. For uncontrolled proceedings, for example, there is a time limit. Are the proceedings completed within the timeframe fixed by law? But will the proceedings get initiated on account of that? No. So thank you, sir. As you always keep on saying that we are always indebted and some person has also shared his views. He says excellent comprehensive discourse by the real expert Justice Ramakumar. Thank you. Aramov Vagrahan, Nihaya Vigna. Thank you. Tomorrow we have a session on Strength and Challenges in the Forensic Science in India by Dr. G. Goswami. Who is an IPS and teaches in UP, plus he is an IPS. So do stay connected with us tomorrow at 6.30pm. Wonderful. The next session will be someone's case on a private company. There is slight difference in the procedure. Someone's case, I am sorry, someone's case initiated on a private company. Procedure is slightly different. We will discuss that. Yes. Thank you, sir. Thank you.


What is going on guys welcome back to the channel critical overload here so though something a little different here today So I wanted to talk about Buffy Buffy season 5 episode the body now This is an episode that I have seen countless times throughout my life I saw it for the very first time when I was growing up first time watching Buffy I saw it during a lot of the rerun periods when Buffy was airing on FX because I would watch Buffy after it aired Every morning before school when it will come on in the morning on FX If you remember those days to leave it down in the comment section good old days The body is an episode that just Captures that emotion or lack thereof and confusion that you have When you lose someone that means so much to you and as the thumbnail is saying what does the body mean to me? So in this episode that aired I think on 20 years ago at this point I believe going on 21 the the move the episode kicks off With Buffy previously in the last episode she came home and we saw that she she found Joyce lifeless in Her house and she's laying on the couch in their living room She's saying mom numerous times in the final thing you hear from her is Mommy and then the episode the body kicks off right where we left off. It shows us Buffy Imagining herself saving Joyce She is confused as to what to do the absence of sound and John sweet and I believe he wrote this I think he also directed it. I might be mistaken there but the the whole aspect and atmosphere that is captured in this episode is Speaking volumes to how a lot of us probably have felt when we've experienced this type of this type of heartbreak You are at a loss for words You have no control especially in someone like Buffy in a show where most of their problems for Buffy anyway Have manifested into these monsters, you know, you have a a mother who tries to control her daughter manifesting into a monster cyberbullying or Yes cat fishing also With one of the early episodes in season season one Manifesting into an online monster who then made his way out of a book or something like that I forgot what his name was Malik or something or Michael Malcolm and just so many other things that manifest into these monsters To kind of represent the struggles that a lot of teenagers deal with and then now post high school You see have you have Buffy in college? She's going through all these other things trying to navigate early adulthood And then she has this bombshell dropped on her when her mother in season five develops this brain tumor The surgery appears to have gone well, but then of course you end up at the body where you find out that Joyce has apparently died Unfortunately from complications related to the surgery think they said she had an aneurysm or something like that and the whole episode because of Sarah Michelle Geller and the time we spend with her just in that home I think it really puts you in the same position as where Buffy is you're in that home for so long You're having all these she's probably running around with all these different thoughts in her head all these memories of Just life in the home with her mother, even though they haven't been there a very long time They didn't move to Sunnydale But just all these different things that you probably have experienced with this person in that house And now you come home and find them lifeless and you know, I've been in this position sadly personally myself I a few years ago came home and found my grandmother in the same position So in a way for me this episode watching it at a young age It honestly prepared me for that moment even though it was still something that I was struggling in the process at the time I wasn't alone in that instance, but it was just so that was the first thing I thought of when I opened the door And I found my grandmother like that. I thought instantly of this episode of Buffy She was just lying there on the couch. She was lifeless. I had no control over bringing my grandmother Brack All I could think about was Buffy in that moment with Joyce. No one's in the house with her She is just wandering around the absence of emotion on her face is captured so well It's good because she's struggling. She doesn't know what to do in that moment I came home and found my grandmother like that as well. And it was just a very heartbreaking moment for me I didn't know what to do in that moment I didn't know if I should ramble on about how I don't understand life like Anya did and how it doesn't make any sense I didn't know if I should contemplate on what clothes are appropriate to wear to certain occasions now post death like willow I didn't know if I should punch my hand through a wall like Xander I didn't know if I should just wander around house and find a place to vomit like Buffy did I Didn't know if I should imagine a scenario in my head in which I was able to save my grandmother so many different things that I feel like this episode really just speaks to in terms of Something you're you'll never be prepared for in life If that if you find yourself in a predicament like that, which I hope none of you do But the episode is just so brilliant and from start to finish the the downward spiral that we see everyone go through and again The absence of sound really just captures that moment where you're in a position where your life is being forced to continue But it the absence of sound is kind of just highlighting how life around you is Continuing, but you're stuck in this this one mentality There's one void of nothingness and how am I supposed to keep going without this person? How am I supposed to navigate life without this person? This person got me through a lot of stuff How am I supposed to navigate life? It's just so It's just so fitting and done so wonderfully and I know Joss Whedon has his controversy right now But that episode is one of the best things he's ever done out of his catalog I would have to say that I think he's going on record to say that too The episode is so brilliant Sarah Michelle Geller is tremendous in the role and again for me What this means is it's just a reminder of you're not always going to be in control of things in life And for someone again like Buffy who has all of these powers your slayer powers are no good here And I think that's what also made a little bit more heartbreaking For us to watch that and it's also a lot more heartbreaking now as an adult watching it Because of all the other things that I've now learned over the years and then leading up to that own moment happening For me with my grandmother. It just put things into perspective No matter how much control you tend to usually have you will have moments in your life where you are not in control And you will have to figure out how to live with certain things that you cannot fight you not every problem Is going to manifest into something you can fight like how Buffy was accustomed to she cannot fight this Angerism she cannot fight this tumor. This is not a demon That's just going to manifest and jump out of your mother's head and you can slay it or something like that It doesn't work that way. I think it was just much more heartbreaking in that aspect when you consider that That slayer aspect of Buffy her slayer aspect is useless here And her mother is just gone and she has to deal with it just like any other common human I think another thing that highlights is that Buffy is indeed just a girl She is special But she still will deal with all the other things that a lot of us will deal with and that I unfortunately dealt with Many years ago not too long ago many years ago. I think the body is a great episode Let me know what you guys think about the body down in the comment section below What was your favorite moment from the body? What do you think about your sister's mother, too? If you haven't read the course make sure you subscribe turn on postification damage video in your scripts I have links my social media accounts my Facebook Twitter and Instagram you can message me there of course to let me know Is any movies news or reviews you like me to cover in the future with all that in mind guys? I will see you in the next video