Hi, so I'm the doc, I've got a hangover, a bad one, and I'm going to talk about a language called Hyde. So say hello to Karel's the catfish, that's her language is basically mastered, although she looks more like an octopus, so I kind of prefer this one, she's much more badass. But anyway, so Hyde is essentially a list dialect, a dialect of Emax list that runs on top of Python. It is a stable combination, but you would ask why? Well, the first part is that it's a list dialect, which means that the syntactic sugar, by the way I love that term, syntactic sugar, the syntactic sugar of list comes on top of Python, which is actually quite interesting once you start going into say mathematical computing, which is something I'm into, plus the part that there's very, very easy interop between Py and Python. Because you know, Python happens to have a lot of languages for math and science, so richness doesn't have, I mean, not a lot of other languages have that kind of ecosystem. So it's actually not a bad mix, it feels quite intuitive. But it also has its disadvantages, which I would like to just enumerate before we go any further. Seeing that this is function gone, unfortunately, Hyde is not that functional yet. So things like immutability don't really exist beyond what Python provides. So if anybody is familiar with Python, tuples are an immutable data structure. Apart from that, everything else is mutable. Everything else can change on the fly. Also, Hyde does not have monads. There are unofficial implementations. Somebody is trying to put a closure, the closure languages implementation on to Hyde, but it's nowhere near complete. However, having said that, it doesn't mean that Hyde is not useful. It's got a lot of things going for it, and I'd like to enumerate them as we go along further. So yeah, very easy to get started with Hyde. You can just do a clip install, clip is the Python languages library management system. And Hyde has a console, it has a wrapper, it also comes as an integrator. And what Hyde basically does under the hood is it compiles high code to Python abstract syntax tree, which the Python integrator can then run. So you can also see the integrated, the generated Python code, you can optimize that further. You can also see the abstract syntax tree that you ever want to hack on top of the language. It's a little like LLVM, you know what's going on under the hood. So you can implement things better. So yeah, as you can see, this slide is conduct. So let's do a deep time deal. Like you know, Python is its whole pitch, sorry, which is its whole pitch, which is high. So some of you are going to repeat this, some of you are not going to repeat this, many of you are going to repeat this. And you just, at the end of this, you just, you just assign a value to your language. The value can be, the result of the function, it can be string, anything that I'm going to do. So all of Python will then come to the list. So it can be in function, state, everything will come to the list. What will be the documentation? It looks like this. So it's going to be 50 percent. So yeah, as I was saying, it comes with dot notation as well, which is something that lists another list like languages like scheme and string here, or three, three, four. Also, you can, if you assign a string to another variable in high, then you can use all associated functions that come along with it, like checking artist length, and so on and so forth. Then we come to condition. So the if loop is pretty basic, similar to what you would see in the list. However, if you guys, you know, sometimes you want to switch between different conditions within in a loop. So usually you have else for ellipticals in different languages. Unfortunately, because of the mitigated of compiling that into an ASP, I don't support that. What it otherwise does is give you a condition, which is similar to switch case or select case loops. You can usually end up using that and get better performance as well as value of multiple conditions at once. For loops are also pretty basic. Then the best part, like I mentioned, Python interrupts. So the entire Python system library is available to you. Apart from that, anything, any other library that you install into your Python namespace, either globally or within a virtual environment, is also available to you. Easy marshalling of Python data types. And yeah, that's right. It comes with list comprehension. So in fact, I'm supposed to run most of this course, 50 seconds. So some, some phone, God bless them, have come up with a Jupyter kernel for i. So you get just like similar to what you saw in the morning, we're always showing up iJunior, which is iHeart. So yeah, let's run some code. So what this part basically does is it prints out a chess board. Doesn't look very pretty, but it's a cluster. So the best part is that in this content you see, you can quickly, you know, an argument to print this together and I print to them, print them all out. Then comes one of my favorite parts, threaded macros. So unlike this, i does not have this approach to macros, but the one thing that really stands is threaded macros. As you can see, very classical example, redeval print loop. It's a loop, right? But when actually trying to write it out in high or any other, or any list like language, it comes out like this, which is usually never very readable. It doesn't seem very intuitive. Because when you thread a macros within the RO operator, you can make that way more readable. So in the same way, let's say on most units like system, you have a user dictionary which consists of words that you might add either in a native language or words that, you know, you don't want to be caught by spell setters every time. So in Python, Python comes with a library called sx, which allows me to hook into any batch command and pipe that into Python. If I do it the usual way in high, it looks like this, which actually makes me want another hangover. But I don't want another hangover, so I go for the threaded macros. And that makes it much more readable, much more concise, and it allows me to actually tell someone, this is what I'm trying to do. Let's talk about high because it's not the type of Python. You get object-oriented programming as well, which is probably the case to talk about it, but sometimes objects are useful. So very easy to define your own objects and then create them as functions later on in your code. You can also hook into ORM or ODMs, like you can also need a Mongo engine, and then write entire data models in high and have all your data logic abstracted away in the form of high code. So yeah, let's do some demo. SimPy, which a lot of people have been mentioning today, comes with a lot of cryptography packages. My favorite happens to be the Vigenet cycle, because there's this really interesting story behind Queen Mary and how she got executed because she used that cycle, which she thought was unbreakable. So yeah, let's start another script where we just start up here. So essentially, let me just quickly run through this particular statement. The import statement remains the same across Python and high, but the way you import libraries is a little different and tricky to grasp at first. Now usually namespaces, module namespaces are represented with dot notation. When you want to import a specific function or a specific object from a library, when you enclose that within two brackets. Otherwise usually the high interpreter gets confused as to whether the module exists or not, and throws an import error. So let's import the Vigenet Vigenet encryption algorithm. That's essentially a function. And that's part of what iHigh is that it's easy to jump between different lines, test your code, also graphics, very, very nice. So I'll just define a key and because we are high. And so usually when you are like this, high does not really have the quality or assignment of it. Usually a space is what is used to denote assignment. And now all we do is add that to the script. So that's part of that. It's like a negative mention that I keep loving. And the reason I keep emphasizing on that is because high as a language is for me as a mathematician, great for prototyping. If I have some algorithm in my head, game theory, anything, that I want to prototype, Julia is a great language. In fact, I actually do love Julia a lot. But I might just want to prototype a girl quick and then see if I'm even going anywhere with my idea. I see a workflow where high is the first step of actually prototyping a model in your head. And once you see it going somewhere, then you can take it forward by importing it into another language, which could be any. Because it's Python, it has resisted to any other languages. The world is either single or free. Then the best part I love about high is symbolic computing, simple. Now if I just define symbols for an algebraic expression here, the matrix is not going to enter them using lattice property. So I'll have to import pretty simply and just call it. Now, how simplify works is basically it works on the basis of symbols. Algebraic expressions usually have variables x, y, z, sometimes n. So in simplify you define them as symbols. And then you can create various algebraic expressions around them and then you can do a lot of things. You can do calculus, algebraic expansion, and a lot of different things. So that's x and y right there. Now you can see it's pretty simple because of the notebook. You try to paint it in a console, probably not going to work. And then I can create a whole expression from it. Now the funny part is that intuitively when you first look at it, it doesn't look very nice, post-rex notation and whatnot. But when you actually start using symbolic computing with high, you really find that post-rex notation is what makes more sense because it allows you to group and prioritize your mathematical operations in a more cleaner, more say-no manner. So yeah, then I can do a lot of other things. I can add, subtract, I can expand it, factorize it. So yeah, let's try something like that. And then I can even factor it. So it's pretty cool. The way you can easily quickly get started with stuff. Then just for fun, just to show you guys that it's possible if you ever forget the speed of light and if you ever need to remember it or quickly figure out what the speed of light really is, then you can just use astrophiles. So there you go. Mostly with 3.8 and I only write 2.2, 2.9, 9. I'm talking about just going to find those right now, so that's nice. And the best part about height. As I mentioned earlier, personally what I feel about height is that it's a great way to prioritize your input. And sometimes you might want to make those photos publicly accessible, which is where, you know, fighting, web elegance comes into play. Because using height, you can quickly create basic web apps that can then export your functions and your models to input. One very interesting scenario is, there's this dark core, there's this particular library called Pyke's Lake. We're choosing a combination of class and to react to framework to render better dark cores, better data than the dark cores. So you can use height to do a bit of statistical modeling to test a particular bias that you might have. Maybe, you know, you're doing some patient analysis and then you can use a combination of height and react to dark cores and quickly render a prototype. That says, okay. Anything to quickly figure out if your analysis is even going anywhere or not. So, yeah. I think height got a bit of a secret. I wanted to figure out how to get the functional aspect further. One fix that I discovered to immutability is just to declare a variable at the top of the image down here. It's a very ugly hack, but it works. So yeah, scale-hydro. Better about me, I'm basically a matrimarchist and I'm a political historian and currently I work as a community evangelist at a place called Winterfell where I'm building a community for product enthusiasts across India to share state-of-the-art rent software products. But something like a cross-picking of products is not going to happen in India. And yeah, you can check out some of my tools that we are using to fix this up. And yeah, if you have any questions with me, I can just file them right away. I have a lot of time for questions. There isn't, unfortunately. You will have to write your height, fit in different files, and then import it. So, as of now. I think that's done. Do you guys want to enjoy some karnataka computers and written results? It's pretty cool. Anyway, thank you ever so much. Thank you very much.


Good evening friends and amongst us we have Mr. Murti D. Nayak senior advocate from Karnataka High Court and he has done various sessions, though like we can say that he has done topics on different topics, though primarily on the criminal side. The sameness is that there is a underlying current of the deeper dive into the criminal law. And there's always a debate on the legal fraternity and otherwise as to whether we can have the FIR registered for the same offense time and again or what is the way forward in these aspects. Registration of another FIR as to whether if there are any other inputs it can be done or what we did the legal journey in these aspects since it's a late evening will not take much time and Mr. Nayak also has a working day tomorrow and I would request him to share his knowledge over to you Mr. Thank you Vikas ji. Every time you asked me to speak on a topic. It's a learning experience for me. And in fact, live law, I'm sorry beyond law CLC is doing a fabulous job I think this is the third year. Continuously, it is conducting lectures and on a regular basis. It's very informative and it helps all of us. Now, straight away coming to today's topic. Before we embark on registration of another FIR and sameness of offense. It would be prudent to understand the term offense. See various provisions, which deal with offense under the CRPC. Section to a that is available offense and non available offense. I will not go deep into the definition aspect and only touch upon broadly. Then you have section to see that is cognizable offense then to L non cognizable offense. Then you have to end off CRPC which defines offense as a whole. Then under section 40 of the IPC deals with the definition of offense. So this is one part this is the first part which broadly deals with offense. Now the second part second and the most important part is mode of reporting of an offense, which is also known as setting the criminal law into motion. So the first phase or the first step is information to the police, or you can also put it differently. One of the more is information to the police in the section 154, which is commonly known as the fire. Then the second mode is complaint to a magistrate. And as all of you are aware, a complaint is defined under 2D of CRPC, which deals with oral and written information. And upon a complaint, if it is a complaint, which is written or complaint of facts, then cognizance is taken under 190 subsection 1A of CRPC. Also, another mode of taking cognizance of an offense is subsection 1C of section 190 that is upon information received from any person other than a police officer or upon his own knowledge that such offense is committed. Now in this second mode that is complaint to a magistrate when a complaint is given to a magistrate, then the magistrate or in certain circumstances, if it is before a special judge or a special magistrate, then he has the option of postponing the process of taking cognizance. Instead, he can direct the investigation to the police under 1563. He can direct the police to take cognizance of the offense, investigate the same and file a report. So that is known as reference under 1563 of CRPC. Under such circumstances, the investigating officer has to register an FIR to set the criminal law into motion. Thereafter, conduct a investigation and file his report under 1732. Likewise, this is similar to the first category when you approach the police directly in respect of a cognizable offense. Then he is required to register an FIR under 154 CRPC before he embarks upon or proceeds to investigate the offense. Hence it is Sinecoa known that an FIR is registered in respect of a cognizable offense before the commencement of the investigation. Now then you have investigation of non-cognizable offenses that is postulated in 155 of CRPC. If it is a non-cognizable offense, then the permission of the magistrate is to be obtained etc. And in some cases when an investigation is done in respect of a cognizable offense, but later on you get to know that it is a non-cognizable offense. The report filed by the investigating officer partakes the character of a complaint as envisaged under section 2D of CRPC. This you find it in explanation to 2D of CRPC. So broadly these are the facets or these are the methods in respect of an offense, methods of investigation in respect of an offense. Everywhere what is to be noted is everywhere the word employed in the code be it the code of criminal procedure or IPC or any other statute or any other special enactment is a offense or an offense. So an information or a complaint call it by name or a report is in respect of a particular offense. Hence now with this backdrop we will discuss or we will embark on a greater examination of today's topic. So how can an offense be investigated? Can there be multiple FIRs or can there be multiple complaints in respect of a particular offense? All this has been time and again subject matter of scrutiny and examination at great detail by the various courts in the country. Starting with the Supreme Court which have been and judgments of the Supreme Court have been consistently followed by the other high courts in the country. The prominent and the notable judgment on this point is that of TT Antony versus State of Kerala that is 2001 volume 6 SCC 181. During the course of today's talk I would be dealing with very few important judgments of the Supreme Court which has dealt with various aspects of registration of a crime, registration of an FIR complaint etc. More particularly with special emphasis on registration of FIR so we will deal with the important judgments on this point. Starting with TT Antony that is as I have already given you the citation and most of you all must be aware 2001 6 SCC page 181. The Supreme Court was dealing with a situation where the case emanated from a mob violence. Hence multiple FIRs were registered in respect of an offense that took place on a particular day. Ultimately these multiple FIRs were challenged before the high court by filing a petition under 482 and the primary ground of challenge was that multiple FIRs or second FIR cannot be or you can also put it this way. A subsequent FIR for the same offense cannot be registered and as such the subsequent FIRs should be treated as part and parcel of the first FIR. Hence the Supreme Court, the two judges bench of the Supreme Court held that there can be no second FIR and no fresh investigation on receipt of every subsequent information in respect of the same cognizable offense or same occurrence giving rise to one or more cognizable offenses. Only information about commission of a cognizable offense which is first entered in station house diary by officer in charge of the police station can be registered as FIR under section 154. All subsequent information will be covered by section 162. Officer in charge of the police station as to investigate not merely the cognizable offense reported in the FIR but also other connected offenses found to have been committed in the course of the same transaction or same occurrence and filed one or more reports as provided in section 173. Even if after conclusion of the investigation pursuant to filing of FIR and submission of report under section 173, the officer in charge of the police station comes across any further pertaining to the same incident he can make further investigation normally with the leave of court and forward the further evidence if any collected with further report or reports under section 173. Hence all this aspect of multiple FIR, second FIR, etc. was considered in greater detail and very exhaustively and copiously the Supreme Court has laid down the law and it has also held that any intrusion into the right of an accused unnecessary intrusion would amount to intrusion of his fundamental right, thereby warranting interference either at article 226 or 226 of the Constitution or under section 482 of CRPC. Hence all the subsequent FIRs that were registered were pushed by the Supreme Court. Thereafter this was in fact in this judgment of TT Antony all the previous judgments on the point including state of Ariyana versus Bajandlal, state of West Bengal versus Swapan Kumar, Guva, etc. Everything was considered and thereafter the law was laid down. Then after nearly four years or to be precise around three and a half years, the Supreme Court, three judges mentioned the Supreme Court in the case of Upkar Singh versus Wade Prakash, dealt with the similar aspect that is pertaining to second complaint in regard to same incident filed as a counter complaint. And hence it considered the law laid down in Antony's case and held that two FIRs, what is the meaning of two FIRs? And it went on to hold that second complaint in regard to same incident filed as a counter complaint held not prohibited under CRPC. So it distinguished TT Antony's case and held that if it is with regard to a counter allegation that is for example if the main allegation or the first FIR is in respect of an incident where he alleges that B tried to stab him along with C and if a counter FIR or a counter information is filed with the same police station or any other police station by C or B stating that it was A who was the aggressor or A has indulged in certain illegal activities which amounts to an offence. Then it amounts to a counter allegation and a counter complaint and there is no prohibition as such to register a counter complaint. As all of you are aware it is in common parlance known as case and counter case. So the TT Antony was clarified and it was held that the judgment in TT Antony did not consider the legal right of an agreed person to file a counter claim. On the contrary from the observations found in the said judgment it clearly indicates that filing a counter complaint is permissible. If the law laid down in TT Antony cases to be accepted as holding that a second complaint in regard to the same incident filed as a counter complaint is prohibited under the criminal procedure court then such conclusion will lead to serious consequences. This will be clear from the hypothetical example that if in regard to a crime committed by the real accused he takes the first opportunity to lodge a false complaint and the same is registered by the jurisdiction police then the agreed victim of such crime will be precluded from lodging a complaint giving his version of the incident in question. Consequently he will be deprived of his legitimate right to bring the real accused to book. This cannot be the purport of the judgment or this cannot be the purport of the court. So this is what has been held in Upkar Singh which is a free judgment. Then there was a he had us for almost six years. Then the Supreme Court in the case of Babu Bhai versus state of Gujarat and this is again a two judges bench judgment which is reported as 2010 12 SCC 254 dealt with test of sameness which is something akin to today's topic. That is test of sameness to FIRs in respect of same transaction subsequent to registration of an FI. What happens. So it was held that an FIR and a section 154 CRPC is a very important document. It is the first information of a cognizable offense recorded by the officer in charge of the police station. It sets the machinery of criminal law and motion and marks the commencement of investigation which ends with the formation of an opinion at a section 169 or 170 as the case may be and forwarding of the police report under section 173 CRPC. Thus, it is quite possible that more than one piece of information be given to the police officer in charge of the police station in respect of the same incident involving one or more than one cognizable offenses. In such a case, he need not enter each piece of information in the diary. All other information given orally or in writing after the commencement of the investigation into the facts mentioned in the first information report will be statements falling under section 162. It has been further held that in case of a subsequent FIR, the court has to examine the facts and circumstances, giving rise to both the FIRs and the test of sameness. This is very important. Test of sameness is to be applied to find out whether both the FIRs relate to the same incident in respect of the same occurrence or are in regard to the incidents which are two or more parts of the same transaction. If the answer is in the affirmative, the second FIR is liable to be cost. However, in case the contrary is proved whether origin in the second FIR is different and they are in respect of two different incidents, oblique crime, the second FIR is permissible. In case in respect of the same incident, the accused in the first FIR comes forward with a different version or a counterclaim investigation on both the FIRs has to be conducted. This is how the Supreme Court after dealing with Titi Antony, Upkar Singh and the earlier judgment that is Ramlal Narang, Ramesh Chandra Nandlal Parik, Nirmal Singh Kailan has laid down this law. And more particularly, here the Supreme Court was also dealing with a fresh investigation under 1738 and it was held that ordinarily the court would order further investigation and not reinvestigation or fresh investigation. But further investigation, I'm sorry, reinvestigation of fresh investigation can be ordered by the constitutional courts under exceptional circumstances or in exceptional and extraordinary cases where there is gross abuse of power and failure of justice. So if gross abuse of power is writ large from the facts of the case, then a fresh investigation or a reinvestigation can be ordered. And of course in this judgment, the concept of fair investigation and other things, everything has been dealt with. Kindly go through this judgment because it not only touches upon the aspect of sameness of crime or sameness of offense, but it also deals with various aspects of an investigative process. Then you have the case of Amitbhai Anil Chandra Shah that is 2013, 6 ACC 348. This is a notable judgment, again a two judgment. Here the facts where there was an accusation of murder against the accused, that is a fake encounter. And subsequently one of the witness in the said murder case was also murdered. Hence two FIRs were registered. The Supreme Court, considering the facts of the case and applying the law, including C Muniya Pan that is 2010, 9 ACC 567 has again dealt with the aspect of when or has dealt with the question of when can a second FIR be registered or is a second FIR permissible and if so under what circumstances. Hence it has laid down very copiously the law and it held that it was part, if it is part of the same transaction. And here in this case, the Supreme Court has very copiously dealt with the concept of same transaction which finds reference in the relevant sections of CRPC partying to charge that we will deal with a little later. So it was held that there can't be a second FIR and as it forms part of the same transaction, there can be no fresh investigation or rather it was held that there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offense or same occurrence or incident giving the rise to one or more cognizable offenses. This is very important. The risk of repetition I would read has been held that there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offense or the same occurrence or incident giving rise to one or more cognizable offenses. So, all the judgments commencing with Munia or rather commencing with TT Anthony, Srirashiv Raj, Munia Pan, all the judgments were considered and that was the law laid down by Supreme Court in Amit by Anil Chandrashaske. Then you have Audesh Kumar that is 2016, 3 SCC page 8, again a two judges bench judgment of the Supreme Court. Here the Supreme Court was again dealing with the concept of FIR, second FIR and its permissibility. So, the principles have been summarized, wherein it has been held that there can be no second FIR in the event of any further information being received by investigating agency in respect of the same offense or same occurrence or same transaction. Finally note, in respect of the same offense or same occurrence or same transaction, giving rise to one or more offenses for which our sheet has already been filed by the investigating agency. The course available with investigating agency in the said situation is to conduct further investigation normally with leave of court as provided under section 1738 CRPC. However, it was held that the said principle was not applicable to the fact situation in that case. As the substance of allegation and transactions impugned in the two FIRs were different. So, some substance of what was held there was in Audesh Kumar's case was that if the allegation made in the second FIR is different, then the test laid down in Antony and Utkar Singh and other cases cannot be made applicable at a second FIR is permissible. In fact, you may kindly make a note the relevant portion. The discussion is from Para 21, where they have examined Amitbhai Anilchandrisha, which in turn has relied on TT Antony that is Para 37 of Amitbhai's case. Then you go further Para 22, Para 23. So, in Para 24, that's a proof court in Audesh Kumar's case has examined the relevant portions of the law laid down in Amitbhai's case. And in Para 25, it has held that it is well settled principle of law that there can be no second FIR in the event of any further information being received. This portion I have already read and in Para 26, it held that however, this principle of law is not applicable to the fact situation in the instant case as the substance of the allegations in the second two FIRs is different. The first FIR deals with the offence punishable and section so and so of the act, whereas the second FIR deals with the offences punishable and section 419 and 420 of IPC, which are alleged to have committed during the course of investigation of the case in the first FIR. This court is of the view that the alleged offence and the second FIR in substance are distinct from the offences under the first FIR and they cannot in any case said to be in the form of the part of the same transaction. They cannot in any case said to be in the form of the part of same transaction with the alleged offences under the first FIR. Therefore, no question of further investigation could be made by the investigating agency on the alleged offences. A reason as the term further investigation occurred under subsection 8 to section 173. Connotes the investigation of the case in continuation of the earlier investigation with respect to which the charge sheet has already been filed. The reliance is placed in the judgment of this court in Ramachaudri versus state of Bihar. The relevant para 17 leads thus para 27 they have held that therefore for the above said reasons, the submissions made on behalf of both the appellants are not tenable in law and the same cannot be accepted by this court. Further, the case of Amitvaya Nilchandrisha upon which strong reliance is placed by the learned counsel for both the appellants is also totally inapplicable to the fact situation and it does not support the case of both appellants. Hence it held that in the set case it was held that the offences in both the FIRs were dishing and hence two FIRs could be maintained. Now going further in the case of Lalu Prasad Yadav that is which all of you are aware pertains to the famous fodder scam in Bihar which is reported as 2017 8 SCC page one. Here the Supreme Court made a fine distinction between same offense and same kind of offense. It was held that there is distinction between same offense and same kind of offense. So there it was held that the offences elies where multiple and they were committed during different periods and hence it cannot be said that said and argued that they are all part of the same transaction and hence it is the same offense and consequently one FIR should be registered and there should be one trial and here this is where the Supreme Court has dealt with section 300 of CRPC section 300 of CRPC and 219 220 221 which deals with multiple city of charges etc charges of the same time to be tried together all these things which fall under the heading charge. So all these things were examined and the prayer for joint trial was turned down on the ground that it may be the same kind of offense but it is not same offense or a single offense forming part of the same transaction. So the I would skip due to paucity of time I would not refer to the relevant paragraph. However, it was it's a very lengthy judgment. And it has been in fact with reference to 120 B it has been held that general conspiracy and number of separate conspiracies having similar general purpose. The distinction between the two is where different groups of persons operate towards their separate ends without any privity with each other each combination constitutes separate conspiracy. So this is what was held in Lalu Prasad Yadav's case and where it was also held in Paris 30 to 37 of the report that separate trial is the rule and joint trial is an exception. Joint trial would be an irregular exercise of discretion. If a court allows innumerable offenses spread over a long period of time and committed by a large number of persons to be tried under the protected wings of an all embracing conspiracy. And if each or some of the offenses can be tried can be separately tried it would be appropriate and lawful joint trial prolongs the trial and causes waste of judicial time and complicates the matter, which might otherwise be simple. And it would confuse the accused and cause prejudice to them court should not be overzealous to provide a cover of conspiracy for a number of offenses. Unless it is satisfied that the persons who committed separate offenses by parties to the conspiracy and committed the separate acts pursuant to conspiracy. When several offenses are released to have been committed by several accused persons, normal rule is of separate trials. Further, when parties are different issue of a stopper does not arise. And it dealt with specifically dealt with section 218 CRPC and held that section 218 CRPC deals with separate charges for distinct offenses. Section 219 provides that three offenses of the same kind can be clubbed in one trial within one trial committed within one year. Section 220 speaks of trial for more than one offense, if it is in the same transaction. In the instant case, it cannot be said that default case is same transaction as the transactions are in different tragedies for different years, different amounts, different letters, supply orders and suppliers committed by different set of accused persons in different cases with respect to default case. Thus, section 221 is not attracted. There may be a conspiracy in general one and a separate one. There may be larger conspiracy and smaller conspiracy which will develop in successive stages involving different accused persons. In the instant case, default cases have been made in various years by combination of different accused persons. Thus, there can be separate trial. So this is very important with regard to joint trial, etc. And then adhere most importantly is the same offense and the same kind of offense which has been emphasized. Then in the case of state versus Kalyan Singh, again, the provision of section 218-223 CRPC was dealt with and discussed. This pertain to the Babri Masjid demolition is reported as 2017 7 SCC444. Here it was held that a joint trial is permissible. And accordingly a joint trial was ordered and the discharge of the main accused was set aside, etc. So I will not delve deep into the nitty gritties of the said judgment. You may refer to the same as it is very lengthy is reported as 2017 7 SCC444. Here the concept of joint trial was dealt with and it was held that all offenses committed in course of same transaction and to accomplish a criminal conspiracy that is demolition of Babri Masjid. And hence a direction was issued to conduct a joint trial. So ultimately the test is whether it was conducted, whether an offense was committed in the course of same transaction. Here it was held that the ultimate goal in furtherance of the conspiracy was to demolish the Babri Masjid and hence the criminal conspiracy, the ultimate goal being one. A joint trial was permissible. Unlike in Lalu Prasad Yadav's case it was held that the defaultation and misappropriation was committed at different periods of time, at different tragedies, by different people. Different set of people, conspiracy was different, different dates, so everything was different. Hence separate trial was ordered. Now, another notable and very important judgment on this point is in the case of P. Shri Kumar versus state of Kerala, 2018 4 SCC 579. Here, again the two judges bench of the Supreme Court dealt with second FIR and counter complaint, etc. And it ultimately held that, but here it is very interesting, the Supreme Court held second FIR by appellant against R3 though related to same incident for which first FIR was filed by R2 against appellant, R3 and three bank officers. Yet, second FIR being in the nature of a counter complaint against R3 was legally maintainable and we could and could be entertained for being tried on its merits. It is for the reason that firstly, second FIR was not filed by the same person who filed first FIR had it been so then situation would have been somewhat different. Such was not the case here. Second, it was filed by appellant as a counter complaint against R3. Third, first FIR was against five persons based on one set of allegations, whereas second FIR was based on allegations different from allegations made in first FIR. And lastly, I quote while quashing second FIR charge, she did not examine issue arising in the case in the light of the law laid down by Supreme Court in Hukkar Singh and Surinder Kaushik. Hence, it was held that a second FIR is permissible if the information is in respect of a counter complaint. So this is on the lines of Hukkar Singh's case that is 2004 and even TT Antony was also cited here. All these documents were considered and this was a law laid down by the Supreme Court in Sri Kumar's case. Now very interesting case is that of Patu Rajan versus state of Tamil Nadu. That is the case involving the owner of Sarvana Bhavan wherein he was accused of and charged for the offense of murder and conspiracy, etc. This is reported as 2019, 2004 SCC 771. That is Patu Rajan versus state of Tamil Nadu and here there were two incidents. So it was argued that the original offense of kidnapping, etc. formed part of the same transaction that is the second offense of murder of the husband of a woman sought to be secured as wife by the accused. So the Supreme Court held that the test of sameness cannot be applied here. Those are two different and distinct offenses and again dealt with the aspect of further investigation, fresh investigation, etc. And held that incidents, transactions, offenses in question where whether formed part of the same transaction, where in continuation of each other, warranting only further investigation or where independent of each other, warranting fresh investigation. So the entire principles was explained in great detail and it was held that it warranted separate investigation and that the incidents and the transactions and the offenses were distinct and they were not in continuation of each other. Hence, two trials conducted that held to be correct and as such the conviction was confirmed. Here again PT Anthony, Ramlal Narang, Gaudesh Kumar, all these judgments were pressed into service, Nirmal Singh Kallan, etc. And after examining the principles on the point, the Supreme Court ruled. The three judges went to the Supreme Court ruled that the offense under 364 and 302 did not form part of the same transaction they were distinct and hence two FIRs were permissive. Now friends, this is the law, well-settled law with regard to two FIRs or call it by any name, sameness of offense, second FIR, further information, etc. So under what circumstances can an FIR be registered? The second FIR can be registered, how a criminal law is set into motion, how a counter complaint or a counter allegation has to be dealt with or a counter offense has to be dealt with. All these aspects are well-settled so there is no gray area as such with regard to this part of criminal jurisprudence is concerned. Even in Arnab Ranjan Goswami's case that is Arnab Ranjan Goswami v. Union of India reported as 2020, 14 SEC page 12, the very consolidation of several FIRs registered in various states were sought by the petitioner before the Supreme Court and there the law has been laid down as to what amounts to various offenses if various FIRs are registered in various states alleging the same offense that is one offense or one incident. If one incident gives rise to various FIRs or various complaints then how such a situation has to be tackled or how it has to be dealt with has been hopelessly considered and dealt with by the Supreme Court in Arnab Ranjan Goswami's case. So that was a case of consolidation likewise in Amish Devgan a year later in Amish Devgan v. Union of India 2021, 1 SEC page 1. Also this was a case where there was certain allegations against the petitioner for having made certain objectionable statements giving rise to multiple complaints, multiple FIRs for offenses primarily under section 153A of the IPC wherein it was alleged that certain section of the society was hurt. The sentiments of certain section of the society was hurt by certain derogatory comments made by the petitioner during the course of his anchoring and this was again dealt with very exhaustively by the Supreme Court in Amish Devgan's case even 153A of IPC and all the ancillary provisions all the ancillary questions of law were dealt with. Likewise, very recently in the case of Navika Kumar v. Union of India, that is 2022 SEC online, SC 1289, here again the Supreme Court was dealing with the consolidation of offenses. Here again the petitioner was an anchor of a news channel that certain allegations were made against her that she made certain objectionable comments, etc. So while dealing with and while allowing consolidation of FIRs registered in various states, the Supreme Court has laid down the law and has in fact followed the earlier law and has held that consolidation would be necessary. Now, a very important judgment with regard to large scale fraud committed by finance companies who accept deposits from gullible customers by promising certain exorbitant interest rates or by promising certain things which they know from inception that it would not be possible and mainly the offenses would center around cheating, reach of trust, all these things, because right from inception they would be aware that such a thing is not possible. So under such circumstances the Supreme Court in the case of Narendra Jit Singh Sani versus Union of India reported as 2002 volume 2 SEC 210 dealt with this aspect and has held that finance companies accepting deposits from a large number of persons, not repaying the same. Then under such circumstances when the parties were different amount of deposit and the period for which the deposit was accepted were also different. They held each individual deposit agreement constituted an independent transaction and after holding thus has rejected the prayer for consolidation of all the FIRs that was registered against the promoters of a finance company. And it was held that the parties or who were in the form of depositors where different the deposit amount was different period was different date of investment was different so everything was different. So this was this is something similar to the case of Lalu Prasad Yadav and of course this emanates from a large scale fraud by a non banking finance company which is very common in India.  So in this case it is held that consolidation is not possible. There has to be independent FIRs independent investigation and independent charge sheets and consequently independent trials. So this is broadly the framework of what today's topic that is registration of another FIR and sameness of offense. I think we can take some questions now because because you are there. Yeah. I was just watching as to whether we have some questions on the YouTube. Yeah, correct. Yeah. No question that somehow come on the chat as well as on the YouTube because you have explained the subtle difference between the them that has to how it has to be a commonplace incident and so on and on. And I believe that everybody has accepted the way you have taken the things in the right way and largely we have seen that from all these judgments where even the high stakes were there or the law has developed and we hope that the participants who have watched us would have a lot of gain, gain say, at least I can say that we learned along on behalf of the beyond law CLC team. We thank Mr. Moody for sharing his time and that to it later. Thank you everyone. Stay safe.


Welcome to the Hindu news analysis by Shankar Ayas academy. These are the news articles chosen for today's discussion. They are given along with the page number of different traditions. Link for the handwritten notes in PDF format and the time stamping for the discussed articles are given in the description box as well as the comment section for the benefit of the mobile viewers. Now let us start with the first article. Let us see this news article and editorial which covers the recent decision of the Monetary Policy Committee. See in its latest meeting, MPC decided to leave the policy report, reverse report and bank rate unchanged at 4%, 3.35% and 4.25% respectively. It also decided to continue with the accommodative stance as long as necessary. This is in order to sustain growth on a durable basis and continue to mitigate the impact of COVID-19 on the economy. And this will be done while ensuring that inflation remains within the target. So in this context, let us have a brief understanding about the key terms mentioned in the news and the editorial along with observations made by the MPC. The syllabus relevant to this article is displayed on the screen as friends can go through it. First, let us have a brief understanding about monetary policy. See monetary policy refers to the use of monetary instruments to regulate matters such as interest rates, money supply and availability of credit. This is with a view to achieving the ultimate objective of economic policy. Know that the Reserve Bank of India is vested with the responsibility of conducting monetary policy. This responsibility is mentioned in the Reserve Bank of Indian Act 1934. The primary objective of the monetary policy is to maintain price stability while keeping in mind the objectivity of growth. See in May 2016, the RBA Act 1934 was amended to provide a statutory basis for the implementation of flexible inflation targeting framework. The amended RBA Act also provides for the inflation target to be set by the Government of India in consultation with the Reserve Bank once in every five years. So accordingly, the central government has notified in its official guess that 4% consumer price index is the inflation target for the period from August 5, 2016 to March 31, 2021. The upper tolerance limit is 6% and the lower tolerance limit is 2%. The monetary policy is adjusted from time to time by the Monetary Policy Committee. The Monetary Policy Committee was set up as per the provisions of RBA Act 1934. Now let us see about Monetary Policy Committee. See the MPC is an executive body that contains six members. Three members are from RBA and three members are nominated by the central government. It is added by the Governor of RBA. As per the provisions in the RBA Act 1934, RBA shall organize at least four meetings of MPC in a year and every two months RBA issues monetary policy statement. The RBA uses several instruments for implementing monetary policy. The main instrument used by RBA is Reporate. See, Reporate is a fixed interest rate at which the RBI provides overnight liquidity to banks against collateral of government securities and treasury bills. To put it simply, Reporate is the rate at which RBA lends money to the commercial bank by purchasing securities from banks. See, during the high level of inflation, RBA makes strong attempts to bring down the flow of money into the economy. One way to do this is by increasing the Reporate. Here, banks will borrow money from RBI at a costlier interest rate. On the other hand, when the RBI needs to pump fund into the system, it lowers the Reporate and makes money available for banks at cheaper interest rates. Consequently, business and industries find it cheaper to borrow money for different investment purposes. We have seen about Reporate. Now let us move on to Reverse Reporate. See, Reverse Reporate is the rate at which the Reserve Bank of India borrow funds from the commercial bank in the country. In other words, it is the rate at which commercial banks in India park their excess money with RBA usually for a short term period. During the high level of inflation in the economy, the RBA increases the Reverse Reporate. It encourages the bank to park more funds with RBA to earn higher return on excess funds. Banks are left with lesser funds to extend loans and borrowings to consumers. So we have seen about two important rates, Reporate and Reverse Reporate. Now let us move on to Bank Rate. What is Bank Rate? Bank Rate is the lending rate at which commercial banks can borrow from RBA without providing any security. This is the key one. Doesn't provide any security. Now let us see the other additions and observations made by MPC in its recent meeting. The MPC has maintained its projection for GDP expansion in the current fiscal at 10.5%. But MPC has noted that the consumer confidence has dipped. And this is a clear sign that there is uncertainty in our growth. Here it should be noted that IHS Markets Manufacturing Purchasing Managers Index PMI Survey for March revealed that business sentiment has led to a 7 month low. What is Purchasing Managers Index? It is an indicator of economic health for manufacturing and service sectors. The PMI data is published by Japanese firm Nikai, but it is compiled and constructed by market economics. This PMI data provides an accurate and timely set of data to understand the industry conditions. The key feature of this index is released on monthly basis and it is not revised after publication. There are two types of PMI released for India. One is for the manufacturing sector and the other is for the service sector. So for the manufacturing sector, the purchasing managers of select companies in India are surveyed on variables such as output, new orders, stock levels, employment and prices. Coming to the service sector, the variables are business activity, new business, backlog of work, prices charge, input prices, employment, expectations for activity. Usually PMI above 50 means expansion while a score below 50 denotes contraction. Now let us see about the other observation made by MPC. The MPC noted that the headline inflation was at 5% in February 2021. So it has remained within the tolerance band set by the central government. And the core inflation has increased by 50 basic points to touch 6% in February. It also noted that there are both upside and downside pressure that may impact the trajectory of retail inflation. Since this article mentioned a lot of inflation terms, let us see about it. First, what is inflation? See, inflation refers to the rise in the average price of goods and services for a longer duration in the economy. And due to the increase in the prices, the purchasing power of the money will get reduced over a period of time. To put it simply, we need to spend more money to enjoy the same set of goods and services. Inflation in an economy is measured by indexes like consumer price index, wholesale price index and producer price index. These terms are very important from problems as well as mains perspective. The article also mentions headline inflation. See, headline inflation is the measure of total inflation within an economy. It includes price rise in food, fuel and all other commodities. Earlier in India, wholesale price index was used to calculate headline inflation. Now, consumer price index is used instead of wholesale price index as headline inflation. There is also another concept called core inflation. See, core inflation marks the change in the cost of goods and services, but it does not include food and energy sectors. The reason for excluding food and energy sectors are they are much more volatile compared to others. The core inflation is mostly calculated using CPA. And finally, let us talk about retail inflation. The retail inflation is the increase in price, which is experienced at retail shops. This gives the actual reflection of the price rise in the country. In India, the inflation rate at retail level is also measured by consumer price index. So with this, we have come to the end of this economic news analysis. This analysis is very important because many economic terms are asked repeatedly in problems as well as mains. So in this article, we have seen about monetary policy committee, report, reverse report, bank rate and various terms associated with inflation. Hope this maximizes its core and coming problems. With this, let us move on to the next article. Now, let us take up this editorial. This article talks about the Medical Termination of Pregnancy Act and its failure in understanding of women's right over her own body. So in this context, let us see about the MTP Act of 1971, its shortcomings, the recent changes to the Act and its still persisting issues. The syllabus relevant to this article is displayed on the screen. Asperance can go through it. See, way back in 1967, Shanti Lal et Shah committee submitted a report after studying the abortion laws. This report highlighted the lack of adequate technology at that time, which potentially made it a danger for women to have abortions done after the 20th week or fifth month. And subsequently, this paved way for the MTP Act of 1971. This MTP Act of 1971 specified the grounds and the time limit for terminating a pregnancy. Remember, during its adoption in 1971, this Act was considered to be a progressive one since it gave the chance to abort. This is because abortions back then were a crime and even the IPC Act provisions regarding the termination of pregnancy. Now, let us see in brief about some of the important provisions of the Act. First, let us see about the Section 3 of this Act. Section 3 of the Act prescribes for an abortion to be performed till 20 weeks or 5 months. But it can be done only when two doctors certify that continuing pregnancy may involve a risk to the physical or mental health of the person or that the child born would suffer from such physical or mental abnormalities. In addition to all that, this Act also adds rape and the failure of contraception to be the circumstances in this regard. We have seen about the Section 3 of this Act. Now, let us move on to the Section 5. See, the Section 5 of the Act provides an exception to this fixed upper limit of 20 weeks. It provides an exception only when an abortion was immediately necessary to save the life of the pregnant woman. See, there are two important court cases regarding this Act. These court cases can be used as value addition in your mains answer. The first case is Nikita Mehta v. State of Maharashtra. In this case, the court allowed abortions way past the 20th week limit. And next is Murugan Nayakar v. Union of Indian case wherein the abortion was permitted at 31 weeks, which is very close to full term. The Act, through its restrictions, has pushed women to seek abortions underground where terminations are carried out in unhygienic and dangerous places. And as per the article, about 8 lakh illegal and unsafe abortions are performed every year in India, among which many results in death. Now, let us see about the changes brought to the Act recently. The first important changes, the upper limit for permitting abortions was extended from 20 weeks to 24 weeks. Second, it provides for the opinion of one registered medical practitioner, RMP, for termination of pregnancy up to 20 weeks of gestation. And the opinion of two RMPs for termination of pregnancy of 20 to 24 weeks. Earlier, the opinion of one RMP is needed for terminations up to 12 weeks and two RMPs if it is between 12 to 20 weeks. The Act also allows for the unmarried women to terminate a pregnancy due to contraceptive failure. And importantly, it provided for the constitution of a medical board, about which we will discuss now. See, the recent amendments to this Act required every state government to constitute a medical board. And this board consists of a gynecologist, pediatrician, radiologist and sonologist. And any other number of members as may be notified by the state government. As per Section 3, to be of this amendment Act, the pregnant women are required to approach the board in case of substantial fetal abnormalities or when she wants to terminate a pregnancy crossing the 24-week limit. These boards are considered to be a huge obstacles in reviewing pregnancy. Firstly, this board is considered to be a breach of pregnant women privacy. See, the decision of pregnant women's safety is an exchange between the pregnant women under gynecologists. But now it is replaced by a board of minimum of three doctors. This remains to be one of the serious objections from the women's side. Second, Section 3-2C provides for a single board for a state. This is not a good idea because millions of abortions take place in India past the deadline. It is impossible for one board to handle all the cases. Also, as per the records, the state doesn't have adequate finances or the human resource to maintain the operation and functioning of these boards. Apart from this, the other criticism of the amendment includes the acts failure in recognizing the absolute right of a women over her body and to reserve for the states the right over it. See, though the time limit has been pushed back from 20 to 24 weeks, it comes with the same state conditionalities as before. And importantly, the upper limit of 24 weeks is not a rational choice, especially at this technological era where abortions can be done safely up to full term of pregnancy. So with this, we come to the end of the segment. In this analysis, we have discussed about the medical termination of pregnancy at 1971, its shortcomings, the recent changes to this act, and its still persisting issues. Now let us move on to the next article. See, this news article talks about the center's decision to open the private sector to commence production of concentrated poppy straw from India's opium crop. The reason why we are doing this is to boost the yield of alkaloids. See, alkaloids is a chemical substance which is used for medical purpose and is exported to several countries. So in this context, let us have a brief understanding about opium poppy plant. See, the opium poppy has the scientific name, Papaware Somniferum. Opium poppy is an annual plant and can reach about 1 to 5 meters tall. It has lobed or silver-green foliage and bars, blue-purple or white flowers. Some of these flowers are 13 centimeter in width. The opium poppy is native to Turkey. Most poppies are found in the northern hemisphere and several species of poppies are cultivated as garden ornamentals. The poppy family is well represented in America. The best-known variety of poppies is California poppy. See, the California poppy is an annual plant with brilliant orange-colored flowers that is extensively naturalized in California, Australia and India. It is interesting to note that many alkaloids are derived from the milky latex found in the unripe seeds of poppy. Six opium alkaloids which occur naturally in poppy are morphine, narcotin, codin, tibine, papawarin, narsine. Of these, three are phenanthrin alkaloids and are under control of international regulations. They are morphine, codin, and tibine. Here, know that phenanthrin is a likely carcinogenic compound that pose a large toxicity risk to exposed living organisms. Morphine, codin, and tibine are used in drug industries. Coming to narcotin and narsine, they are not under any international control and have low medical and other uses. So consequently, the four important economically significant alkaloids of opium are morphine, codin, tibine, and papawarin. About 20 other alkaloids exist in opium, but they have little or no significance medically or economically up to the present time. Additionally, know that poppy is also grown for its tiny non-narcotic ripe seeds which are used in bakery products and for seasoning, oil, and bird seed. Now, let us see about poppy cultivation in India. See, the opium poppy cultivation is prohibited under section 8 of narcotic drugs and psychotropic substances Act 1985. But it can be cultivated under a license issued by the Central Bureau of Narcotics under Rule 8 of NDPS Rules 1985. At present, the legal opium poppy cultivation is permitted by government in selected areas. They are Madhya Pradesh, Uttar Pradesh, and Rajasthan. India currently only extracts alkaloids from opium gum and it is extracted at the facilities controlled by the Revenue Department in the Finance Ministry. It is to be noted that India's opium crop area has been steadily declining over the years. And it is in this context that the ministry has now decided to switch to new technologies for higher extraction. And this comes after trial cultivation reports submitted last year by two private firms which showed that higher extraction of alkaloids is possible using concentrated poppy straws. With this, we have come to the end of the article. Now let us move on to the next one. This editorial is about deconstructing declarations of carbon neutrality. In this context, let us discuss some of the important carbon-related terms given by the author and other important points in this editorial. The syllabus for reference is displayed on the screen as friends can go through it. First of all, we need to understand what is carbon neutrality. According to IPCC, carbon neutrality is a state of balance between the carbon dioxide emitted into the atmosphere and carbon dioxide removed from the atmosphere. This refers only to the carbon dioxide emissions or carbon emissions. Know that net zero emissions encompasses all greenhouse gas emissions. On the other hand, climate neutrality goes even further and considers all human impacts that affect the climate. Coming back to the editorial, the author cites a finding by the Energy and Climate Intelligence Unit, ECIU. According to this finding, it says that nearly 32 countries have declared their plan to achieve carbon neutral status by mid of this century. Know that ECIU is a non-profit organization that supports informed debate on energy and climate change issues. Now to understand why countries are making declaration on their temperature goals, we need to understand some features of Paris Climate Agreement. Know that Article 2 of this agreement aims to hold the increase in the global average temperature to well below 2 degrees centigrade above pre-industrial levels. It also pursues effort to limit the temperature increase to 1.5 degrees centigrade above pre-industrial levels. We have seen about Article 2. Now let us see about Article 4 of Paris Agreement. According to Article 4, in order to achieve the goal under Article 2 of this agreement, parties should aim to reach global peaking of greenhouse gas emissions as soon as possible. They also have to recognize that peaking will take longer for developing countries. Then these parties have to undertake rapid reduction in accordance with best available science. So as to achieve a balance between anthropogenic emissions and removal of green gases in the second of this century. All these above goals should be done on the basis of equity and in the context of sustainable development and efforts to eradicate poverty. It also urges parties to prepare, communicate and maintain successive nationally determined contribution that each country intends to achieve. See, many of the developed countries and civil society organizations consider this as an individual commitment by all countries. But according to the author, the balance of emissions and removal of greenhouse gases is not sought on country-wise basis, but for the world as a whole. According to the author, this is clear from the Paris Agreement which says that its guiding principle includes the principle of equity and common but differentiated responsibilities and respective capabilities in the light of different national circumstances. Now let us see the issues highlighted by the author. First of all, the author questions the compatibility of Article 4 and Article 2. So the question is whether the achievement of carbon neutrality is compatible with achieving the 1.5 degree centigrade or 2 degree centigrade goal. Also the compatibility of mid-century carbon neutrality goals of developed countries with the principle of equity and common but differentiated responsibility is also questioned. According to the author, the three-way compatibility between the temperature goals, carbon neutrality and equity is not guaranteed. The author further stresses that for the 2 degree centigrade goal current pressures are inadequate. The basis for this argument by the author is the data on global carbon budget. So what is global carbon budget? See global carbon budget is similar to financial budget where we check the balance between income and expenditure. Likewise for carbon, with carbon dioxide in the atmosphere as relevant account, one quantifies input and output. A global carbon budget determines the input of carbon dioxide to the atmosphere by emission from human activities, balanced by output in the carbon surveyors on land or in the ocean. So for any given number of emissions if less carbon goes into land or ocean, more will remain in the atmosphere. See as per the IPCC special report on global warming for a 50% probability of restricting temperature rise to less than 1.5 degree centigrade 480 giga tons of carbon dioxide equivalent is still remaining in the atmosphere. But the current rate of emission is on 42 giga tons equivalent per year. So the budget of 480 giga tons will be consumed in less than 12 years. The author says that keeping this target in mind, carbon neutrality has to be achieved by 2039 which is not practically feasible in the current situation. This issue is further enhanced by the all owners of national level carbon neutrality declaration by the developed country US, United States and European Union. For example, the US had peaked its emission in 2005 and it has declined at an average rate of 1.1% from then till 2017. Even if they are to achieve net zero by 2050, it would still be using 22% of the total remaining carbon budget for the world. So if the world wants to achieve that target other countries shall reduce emission at even faster rate. The author feels this is so unfair. In addition to that, US also owes more than 14 trillion dollars to the world for having used more than its fair share of carbon space in the past. Similar is the case with many European Union countries such as Germany. For example the European Union will have to reach net zero by 2033. Keeping in mind its fair share of the remaining carbon budget. So if the European Union reaches net zero only by 2050, it would consume more of the budget thus owing the world trillions of dollars. Because of all these above reasons, the author feels that India should not join this carbon neutrality declaration game. According to the author, India should focus on development both as its immediate need as well as its aspirational goal. At present, India does not owe a carbon debt to this world. Also, India's present low-carbon footprint is due to our utter poverty and deprivation of a majority of its population. Know that carbon footprint describes the total amount of carbon dioxide and other greenhouse gases emission for which an individual or organization is responsible. So according to the author, India's emission are no more than 3.5 percent of global cumulative emissions from 1990. It is about 5 percent from 1990 till 2018. Hence the author says that India's declaration on carbon neutrality shall not be wise. It will reduce the burden of the developed world and transfer the burden back to the Indian people. See at present, India is facing twin burden of low-carbon development and adaptation to climate impact. To solve this, India's approach to net zero emission is dependent on large-scale emission reduction in the developed world. An adequate and unambiguous global carbon budget is also the need of the world. So India must take a target considering all this aspect so as to avoid falling into the low-development trap. With this, we have come to the end of climate change discussion. In this article, we have discussed about carbon neutrality. Article 2 and article 4 of Paris Climate Deal and we have also seen about national level carbon neutrality declarations and how India should play this game. With this, let us move on to the next article. Now look at this news article. Recently, at a speech during a campaign event, West Bengal Chief Minister, Ms. Bannerji was accused of making appeals to the minority voters. She requested the Muslim voters to not let their votes get divided among political parties. See, this issue was taken by election commission. Following this, election commission sent a notice that her appeal to minority voters was a violation of the Model Code of Conduct. So in this slide, let us discuss about Model Code of Conduct and its salient features. See, the Model Code of Conduct, MCC, is a set of guidelines issued by the Election Commission to regulate political parties and candidates before the elections. The Code ensures for a free and fair elections. The Model Code of Conduct is in relation with Article 324 of the Constitution which gives the Election Commission the power to supervise the elections to Parliament and State Legislatures. See, the Code continues to be in operation from the date the election schedule is announced till the date results are announced. The MCC is not enforceable by law. That is, the MCC does not have a statutory document or in other words, violation of many of its provision does not attract any punitive action. Our certain provisions of the Code may be enforced through invoking corresponding provisions in other laws such as Indian Penal Code 1860, Code of Criminal Procedure 1973 and Representation of People at 1951. Let us see this with an example. See, bribery to voters is both a correct practice and an electoral offense under Section 123 of Representation of People at 1951 and Section 171B of Indian Penal Code respectively. So, it is punishable under these laws though it is not punishable under Model Code of Conduct. It is interesting to know that the Election Commission is against the idea of making MCC to be legally binding. This is because election must be completed within a relatively short time like 45 days. So, on such a case, if it is made legal then the judicial proceedings on violations may typically take a longer time period. Moreover, any judicial pronouncement after the election is over would have lost relevance. Therefore, the Election Commission has been repeatedly reiterating its view that MCC will lose its whole efficacy if all its provisions are converted into electoral offence or correct practices. In contrast to that, in 2013 the Standing Committee on Personal Public Grievances Law and Justice recommended for making this code to be legally binding. According to this committee, it observed that most provisions of MCC are already enforceable through corresponding provision in other laws like IPC, Code of Criminal Procedure and Representation of People Act. So, it recommended for making MCC to be a part of Representation of People at 1951. MCC contains 8 provisions and they deal with issues like general conduct, meetings, processions, polling day, polling booth, observers, party in power and election manifestos. So, with this, we have come to the end of model code of conduct discussion. In this article, we discussed about MCC, its features, whether we should make it legally binding or not. With this, let us move on to the next article. This news article is about an Iranian ship which was attacked in the Red Sea. This attack is allegedly launched by Israel as retaliation for the past Iranian attacks. In this regard, let us see about Red Sea and Gulf of Aden. See, Red Sea is a narrow strip of water. It extends from Suez in Egypt to Babel Mandab Strait. The Babel Mandab Strait connects Red Sea with the Gulf of Aden and Gulf of Aden leads to the Arabian Sea. And, geologically speaking, the Gulf of Suez and Gulf of Aquaba are considered as the northern extension of the Red Sea. It is important to note that Red Sea connects with the Mediterranean Sea through the Suez Canal. Red Sea borders Egypt, Sudan, and Eritrea to the west, and Saudi Arabia, Yemen, Israel, and Jordan to the east. It contains some of the world's hottest and saltiest sea water. Red Sea joins Suez Canal. Therefore, it is one of the most heavily traveled waterways in the world and carries the maritime traffic between Europe and Asia. This is because the southern off of the Red Sea has growth of coral reefs. These coral reefs have restricted the navigable channel and block some arbor facilities. Additionally, atmospheric distortion, sandstorms, and highly irregular water currents add to the navigational hazards. Additionally, Red Sea is among the top areas of high fish endemism in the world. As about 14.7% of the Red Sea fishers are of endemic species. Now, let us move on to Gulf of Aden. See, Gulf of Aden is popularly known as Gulf of Berbera. It is a deep water basin that forms a natural ceiling between the Red Sea and Arabian Sea. It is situated between the coast of Arabia and the on of Africa. To the west, it narrows into the Gulf of Tajura. Countries that have coastlines on the Gulf are Yemen, Somalia, and Djibouti. The Gulf's marine life is rich in both the quantity and variety of its species. So, it is famous for its diverse marine species. It is also an important primary navigation route for the most of the oil transported from the Persian Gulf that is shipped through the Suez Canal. Now, let us see, practice questions discussion. The first question Which of the following countries border the Red Sea and the Gulf of Aden? 1. Djibouti 2. Ethiopia 3. Israel 4. Jordan 5. Saudi Arabia Select the correct answer from the code given below. The correct answer is Option C 1, 3, 4, and 5 only. See, Ethiopia neither borders Red Sea nor the Gulf of Aden. Israel and Jordan borders Red Sea because Red Sea's northern extension Gulf of Aquaba borders these countries. Now, let us move on to the second question. Consider the following statements with reference to inflation in Indian context. First statement core inflation is the measure of total inflation within an economy including price rise in food fuel. Second statement headline inflation is calculated using wholesale price index. Third statement, retail inflation gives the actual reflection of the price rise in the country which of the above statements are correct. See, from the discussion of the article we know that first statement is incorrect. Core inflation marks the change in the cost of goods and services but it does not include food and energy sectors. The reason for excluding food and energy sector is because their prices are much more volatile compared to others. Coming to the second statement, it is also incorrect. Earlier in India wholesale price index was used to calculate headline inflation but now CPI is used instead of WPI. Only the third statement is correct. Retail inflation is the increase in price which is experienced at retail shops. This gives the actual reflection of the price rise in the country. So the answer is D 3 only. Moving on to the third question. Consider the following statements about the model code of conduct. First statement it is issued by the election commission to regulate political parties and candidates before the elections. Second statement, it is not enforceable by law. Third statement it is an operation from the management of election schedule till the date of results. Which of the statements given are correct. As discussed from the article we can know that all the three statements are correct. So the answer is D 1, 2 and 3. Moving on to the fourth question. Consider the following statements with reference to opium poppy sometimes seen in news. First statement, morphine, codeine and thebine are naturally occurring alkaloids of poppy plant. Second statement, opium poppy cultivation is permitted by government of India in some states. Which of the above statements are correct. The answer is C both 1 and 2 are correct statements. Main practice questions are displayed here. You can write your answer and post in the comment section below. With this we have come to the end of Hindu news analysis. If you like this video, don't forget to click, like, share and comment. Subscribe to Shankarae's Academy channel for more UPSC updates. Thank you.