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I mainly concentrate on its structure scheme and scope of these two acts so before resorting to that I would like to have a background of these two Korean doors see the first criminal law Amendment Act that was emitted by the British they have 19 not eh with twin objects objects number 1 to criminalize the wise for independence and transcribe those organizations in the sense banned those organizations that was the background see faster here PA the central government Nehru government wanted to introduce I you the permanent dad Lok Sabha in the 1963 they were not successful then for two knocks of also they try to introduce they were not successful ultimately in the year 1967 by way of sixteenth amendment they were successful in making this as a law if you glance with the debate that was going on in three periods of low casaba third fourth and fifth the amount of comparison between nineteen not a eight Kamala amendment and you will be ultimately they were success in and I insist the basis and purpose of decide in the year 1963 after Indochina war in Tamil order there was a huge political movement it was contest Dravidian movement and another a late who was the leader of that great movement and they were speaking about Dravidian Dravidian thong and endo star they wanted to separate therefore session suggestion to to prepare to clip it this I came to be fast when the hack came to be passed already they passed a resolution stating that they will leave Dravid Aslam are separating Tamilnadu from the other part of the country they stay themself as a resolution there was no necessity to cross this act into service that's the background then during the regime of late Rajah Gandhi in the year 1985 especially to come at colistin movement Terra Act was enacted because sunset transform two years but it was stretched it till 1995 and it lasts based on the sunset Club then after 95 and then watch by government in the year 2002 found it necessary to introduce Fattah Prevention of Terrorism Act so 2002 itself one of the constituent of India then mr. myko he was listed there was a huge you and coming throughout India after why would the people raise their voice consequently it was become an election debate and 2004 UPA well United the progress you a yes you be a one led by mr. Manmohan Singh Hooda in the money the in certain amended this oppa in the Uni so the draconian law goes out in the money come seeing differently in the Union it is very very draconian cavalry to Donna and Fatah Satara and footer terrorist act committing an act unless an act is committed it can be a terrorist acts so many actors vs both shall go together as far as Tara is concerned and photo is concerned but 2008 by real amendment now in the amendment what is cited is Union resolution resolution number 13 73 is quoted resolution number 13 73 so this amendment to APA that was not debated in the palette that was not that was not the part of a limit but it was a UN resolution and the instance of United State of America not go deep into that the resolution number 1573 resolution number on 28 September 2001 into that was adapted this is all 2008 so now you have EA see there are several judgments unless it is an act of a terrorist organization committing aright authorization is important and the night is also important in Tata and Fatah but in activities Prevention activities can be book review ups if there is a definition of terrorist gang terrorist organization terrorist gang terrorist organization unlawful activity unlawful association say if you go through with this fool I request if you have a you eat my kind if you refer to such general to definition section see definition terrorist act terrorist I is defining to K terrorist act cavalry zone is not divided terrorist act is an offence under section 15 punishment is under section 16 don t you yet we had then what is mean by terrorism no definitely you can't get any definition that it's silent about it I'm so far no ports in India either the code or I course Trisha Slee defined what is terrorism it's only terrorist and it's punishment then they say K M terrorist gang this is the terrorist gang means any association other than terrorist organization so Tamra Street gang is different from terrorist organization so Kevin is the organization involved in the terrorist act the terrorist organization means an organization listed in the schedule on an organization then the terrorist gang is a vague concept what is mean by terrorist gang it is not defined it is left to the whims and fancies of the investigating to script fiction stories based on terror at least gap the terrorist organization organizations are listed in schedule of the UUP act as well as in here I'll come to you a little later there are 39 scheduled organization the be mine so that too while dealing with the section 36 the 35 or 36 I will go deep into that see them comes the terrorist gang section 20 of the European terrorist gang member of a terrorist gang is punishable under Section 20 of the you Olympiad the terrorist organization terrorist organization is punishable under Section 38 of the European the devil is to Goering terrorist organization punishment under Section 20 punishment under Section 38 of the UPA then it comes unlawful activity to q22 to go and lawful activity enough on the activity what is mean by unlawful activity it is not it's a big and bold concern anybody can be brought within the purview of unlawful activity I'm not gonna activities punishable under Section thirteen of the APA so he is definition is connected with your section and SPB together it is difficult to understand so now what is the difference between 20 and section 38 so in section 20 you can found only terrorist gang a terrorist organization 38 it is terrorist organization then the P unlawful Association an association is punishable under Section 10 so unlawful association unlawful activity terrorist gang terrorist organization so the structure of the act scheme of the act is taken under consideration so Y anybody can be implicated in this draconian loss then since this is as far as criminalizing these definitions terrorists and terrorist gang terrorist organization unlawful activity and so this is criminalizing device of dissent criminalizing the political thought the criminalizing political process criminalizing people's movement this is the whole scheme of the act criminalizing so in the definition of section 2 and subsections four avenues classes see entire political movement political organizations why some distance people's moment and who gets movement advocates as well agent workers association trying for this associate whatever maybe that was it see when they raise their voice of protest against the state it is criminalized and it can be fit into one another religions in Tehran Fatah there is no such scheme a school the school was limited only to terrorist organizations commit and who commits an act so to definition then comes section three so far what I explained is regarding criminalizing why so decide the next section 3 is subsection 1 section 3 is subsection 2 this is too bad the organization movement will you say it is a terrorist gang terrorist organizations they are inactivity unlawful assembly Association then comes band closest ban means under Section deliciousness and so under three one immense power has been bestowed on the executi immense power Secretary's own circle in this immense power to bind any organization each server agriculture workers organization workers on mining workers any sort of organization any wife of design any organization can be bad the follower is bestowed upon thee it's a good an IAS officer of ideals of Allah is bestowed with full father too bad an organization movement an organization is bad then anyone associated with the are offenders that end completely later then there is a criminal so the section 3 subsection 2 then the tribunal again it is not a division Cora it is a quasi-judicial again the forest bestowed upon T is equal to all the state this is the dangerous part uh be pure be a section 2 and section 3 next I would like to take my valise to section 10 penalty for being member of an endowment Association penalty for being there what is unlawful association omit birth so if the investigating agencies say that you are a member under negotiation then it is a bunch of two years ago so that now we should read ten section 20 section 38 and differentiate how to differentiate see you see the charge the charge charges would be on certain section twenty and thirty eight and what is the basis parameter matrix to implicate enough person in all these three of themselves this is also ticklish tricky and we should try to understand read these three sections then you go to section 13 13 of the you LPS section 13 again section ten member of an association section thirty thirteen unlawful activities punishment for unlawful activities and now what is unlawful activity okay away always inside the commission of activity seven years imprisonment event and ways inside giving a speech giving a lecture scribing not writing your column these are on the club des advocates about these are also bit concerned so punishments for unlawful activity we already see what is unlawful activity then please turn to section 15 this is terrorist act what is terrorist at mu yoga dusty act intend to threaten unity integrity security so section three technically socially awake concept is a terrorist this concept he is a terrorist based on the act what is the again threatened unity integrity sovereignty is a terrorist act then there are prohibitions there are sub sections section 15 so each definition that is definition this is then comes section 16 section 16 there is subsection while I am privy to a and B punishment up to depth punishment up to imprisonment for life so 15 and 60 then we should read section 18 section 18 this is conspiracy I'll come to the point it'll lead us then come section 20 punishment for being member of the terrorist gang how different are you see for all of you this is also ticklish and treaties this is then 22 punishment for threatening witnesses then I will take two sections thirty-eight seconds thirty eight offensive lady who membership pocket terrorist organizations so thirty eight twenty section ten our quantity percolating again this is ticklish okay adding length this let us go to section 35 of you havea section 35 so this is very very important a section 35 so this is the terrorist organization as per this should you what see terrorist organization here I would like to find out many land America a university in America the collected data and said see the terrorism in India left being terribly some Islamic terrorism such as released Terminator and the miscellaneous love doing terrorism they say forty two percent forty two percent left-wing terrorism twenty two percent saturation in the not East India Manipur Tripura northeastern states seven auto Tamil material force these are other sadistic forces so they ask for data 22% rebinding thirty five percent they say miscellaneous remaining 30% 35% they say miscellaneous without naming any terrorist organization in India what is the thirty five percent we can presume okay thirty-five 22:42 99% and Islamic terrorism is only one person less than one percent so if you see the schedule there are 59 organization out of 39 organization if you count it the schedule 59 39:16 are Islamic organization as per the data less than 1% but 16 organizations are banned organization proscribed organization 16 then secessionist organization 15:31 lifting the organization extremism 858 see if the all that the tearing of organizations are taken into consideration these are all minority organization Danny Thomas workers organization trifle documentation and no material organizations so I to be a clue Mecca when did blast our subject I expressed blast then mulligan these brush who have committed it is anybody else knowledge those blasts are brought within the purview of 13 the 35% which is unknown organizations therefore now 35 and 36 D notification of terrorist organization often want to reject a list of methods see now if you see the alignment to you APA am I going to you will be a see the uglier it is an organization wherever there is organization see in a tempest organization there are three sub sections each section as of produce section 1 section 35 subsection 1 for provision was such subsection 2 no problem subsection 3 there are again for profit over then subsection 4 and 5 wherever you find an organization now it is inserted with individual any individual can also be terrorist so this is more draconian them such as 36 36 also you have a 7 subsections also what subsection 2 you have chromosomes other sections there are no parameters in Subsection 2 profit over here and proud o P wherever you find the word of an invasion they inserted individual so an individual can also be implicated you may appear offenses without he being member of any organization that is the amendment the intention of the Hammonds a man but let us see later on now section 43 section 43 this is most important section 43 since the version is a 2008 of unmanned the investigation must be not below the rank of a CPR Deputy Superintendent of Police now 2019 amendment that is deleted inspector is inserted now an inspector of police till the end a year they can arrest any individual they can recommend for prosperous any organization they can enter into any premises they can seize anything for absolute now the father is bestowed on station inspectors so is this structure again this is the structure now coming to the other block audiences 43 August and the Caesar understand Caesar so now any criminal case registration of your fire arrest the remind remand to police custody reminds to judicial custody then cashy trial i cuted conviction this is the process everybody's within the knowledge of everyone as far as APA cases are concerned there are wide gap between the presumption of innocence and presumption of guilt all the languages used in the act and the judgment of various High Court and Supreme Court the presumption is forgive the presumption of innocence is absolutely zero and next to impossibility then comes to the question is other step without a valid is demanded to the police custody and remind everyone 67 artists write 30 days 90 days 180 days under investigation without charge it 180 days under 180 days you should language as far as the bidding provisions are concerned section 430 is not applicable no anticipatory Bay if the inspector register and a fire that the person spoken with a witness finished one is activated then good subsection the significant for nothing in Section 438 of the court shall apply in relation to the case involving the arrest of any buses one has to get arrested he should go to jail this is the seriousness of this case then come subsection 5 no bay unless application is served on the public prosecutor then the stringent provision is the stringent provision be is yes there is no form of a series if I am is registered so with the statement the bill being is also next to impossibility 99% of the accurate in these cases are and incarceration are different represents for 10 years for 14 years under tray a business that is this then we should read section 43 each 4343 ye it's a presumption tension it applies to section 15 and 1643 he presumption has to offence under section 15 in the prosecution for an offense under section 15 if it is proved that the arms and explosives were recovered you shall be presumed this is smooth too dangerous this is most dangerous 43 II so this we really need tenor to structures you scope of these fact it's very difficult to different these I close because no article 19 20 21 20 sub 12 plus 3 so motivates the time has to be ma it's a mock trial the defense scope is very very limited it all based on the classical nation I will come to the pine guilty later already have never over okay now let us keep this you interfere act for a while then come to ena yet ena a act also in the year 2008 to buy you fear what same are movin same same ever see this in the yeah now you know you had see the court we should try to understand what is mean by quote sessions code is a quote constituted under Section six of the Criminal Procedure Code see and you will be a 2d code to be in sensations code also your quote constitutive under Section 11 and 22 are the NEF so quote and a6 of CNBC quote under Section level quote under Section 22 now due to alignment of 2019 instead of using the good constitutive now it is designated the Code section sport designated not constituted that is the only difference so the point is if it is a designated quote if it is a Satan's 2d they said a session score also designated code yellow yeah it is designated confusion is she do defense she would organize it scheduled defense of defined in a year act European associate elephant's 370 trafficking of human being do to do to amendment 370 human trafficking are 3489 year to year earlier to e IPC section section 121 to 134 thousand inclusive these are all ship shedule offenses scheduled architects relation is what i already explained 39 organisation so we have to differentiate I appreciate understand the schedule offenses and senior organizations that's it now the point is with a UFP efforts investigated by na european funds investigated by other agency whether it should go before the designated core or it will go before the surface code the what is meant by designated code and what is mean by status code designated code is not a satan's code it is deemed decisions for which is bestowed with the father of magistrate they can go on Victor trio summons trial sessions fire therefore designated Corti statisticians for it is a team decisions for it is a deal magistrate quote it's a deemed I or it is a deep Supreme Court all the fullest from magistrate court to Supreme Court on bestowed upon the designated code sessions for no - field father no I vote father no Supreme Court father now such a thirteen of DNA yeah this is more important section 13 section 13 notwithstanding anything contained in the code appreciate you'll often see investigated now emphasis these agency not a agency not an agency it is the agency yeah investigated by the agency the understanding is fine opposite just give me Apple inferences if the case is investigated by the agency it should go before a designator court otherwise it should go before your sections for C full bench decision of partner for division bench of partner for 2015 any offense you should go before designated full bench they said no if it is investigated by D agency before designated port not not be corner decision score so designated quote cited Scott that was followed by a division bench diction of Bombay Calcutta single page addition of chilling they are all following full vegetation partner iPod command High Court last year just brushing aside all these missions elder that she do organization on scheduled hours it should be tried before the designated quote this is a dangerous trend but unfortunately it is the this should rendered by addition division bench of cannot and that is the latest addition chief session squad under designated code see the asset trial liar we know the significance and importance so easily use supervisory jurisdiction 397 created for a video article 2 notices these are all the three provisions of law which we can press into service any order passed by the district court it is subject to challenge any order passed by the magistrate subject to cyllage interlocutory order before 100 482 final order under Section 397 and some time for a detour a twin-turbo v6 also see the dentist of this region again you can refer to section 21 21 appease subsection 1 notwithstanding anything contained in the code an appeal shall light from any gentleman sentence or order not being a need to look at the order to the high code see you happy not being a needed locate your so you can't challenge you to give the order subsection 3 except as opposed said no appeal our division shall life to any code from any detriment sentence are there in term including you need to locate the order see you can't challenge any to locate kiyohara you can't deal with your final as order no revision and no suppose we find a 91 cm piece of obligated to cause for certain regards the Court rejects it so much pricing modifies an application code allows it if we feel that it is a wrong order then we can remove 482 here you continue for a nosy former at all then provision for that no religion father that's where I said desecrated quote means magistrate court session squad and I and Supreme Court the honor of the designated judge cannot be challenged in any court without super easy favor it is very very difficult to conduct a trial so now this amendment of both the acts now inspector is vested with the power of honesty any person you can say it is an unlawful activity unlawful necessarily I love my creation our association remedies foundation these are all various by companies so that means the kinds of executed investigating agency is so powerful without your defense very difference so that serious is this this you APA we saw this LA is dangerous 10-footer dangerous then tada dangerous than any other draconian law any individual say what it's a individual if you read with this section 10 13 16 15 18 20 took it the wording used is intent that you need not commit an act mere intention punishable up to life intention how do the investigating agency know that I intended to do something I'm very thinking something but your intention is Ruffins then they say advocate a bit goody provoking inciting writing speaking gesture this is unlawful assembly has no good activity damaged again terrorist authorization stringent furnish but nobody so this is this type of act we cannot see see now we have Part III of the transfusion guarantees the fundamental right no for fundamental right is given go by and oniony no difference takes such a twist and turn taffy and serving then so this is the understanding of the so as far as defense is concerned high quality later differences that's it now let us analyze how the investigating agency function we are local police cb-cid see body see simply various names also naa see this naa this tiny enough investigation of na ladies see the others implicated innocent person suppose for for center direct lower that they will intentionally rope in one innocent I move no case at all the papacy is turning in an approver giving you father once he turns upward then the case of the prosecution is titled a stood there for you look into the na investigation on this an approval who get power this is what they do once they fail to do that then people really so they will draw on the kids for five years or six years in between the NA officials go to they provoke use all sort of method making them to excel for feel guilty or debugging so the punishment see ninety-five percent conviction in DNA was to get a kill all these convictions not on material of evidence though there are most shred of evidence conviction based on section three marks its intimidating this is the trend okay now how the investigating agency manufacture evidence against a voice of dissent against leader of an organization against an individual how they - actual evidence so the base is confession number one concession based on confessions and conspiracy the conspiracy then PCB then print execute for electronic item to sit bones electronic timer then comes digital evidence digital evidence serious email Twitter lots of messages CCTV footage then it IP address so these are all the digital image then then collection of arms see this ammonium nitrate these are unavoidable in the market hughes wire fuse wire ammonium nitrate and some chemicals they never collect some bullets spent bullets awesome weapon then the artistic then money then shelter see how they manifest this is the standard of any investigative agency now you see I got the this my g2 blast so immediately after the blast certain persons who have a minority faith we arrested tortured electrocuted so many things final report came to be find and the police officers who investigated reward and about and promoted so also some tic-tacs biscuits Mulligan case so all these cases thereafter other IQs came into picture even in modern against incident took place on 25th of August 2008 chai she came to be filed against Canora speaking MacEwan Alice's brain mapping recovery of for vehicles recovery of the explosives then ideology six persons were arrested and charged it came to be fine then they got some information they were dropped and malia not speaking Muslims were implicated in the case so again what is this conspiracy is there the PCP is there ammonium nitrate is there telephone cognitive senior software classes are there something like logistic sirhan money transactions today these do some one by one same block same parameter so this is all the it means the charge rate this is all now the charger and everything is available in the market they can plant there are so many instances we don't have the time we can go on die okay now the case comes to us charge it is fired stretch it is fine for couples under section 66 F cyber terrorism tweeting Twitter hanging what's up this ages 60 60 of deaths address just sending messages then section 10 section 13 section 15 section 16 section 18 conspiracy such a 20 member of a terrorist guy section 38 to member of a terrorist organization all these come see then section 121 122 123 124 year sedition village in war interlink each one will be linked on the Venice area the day material is there transfers how to challenge this how what is the difference see your witness is not known to you that this conceal name is conceived the witnesses are protector you going to make a steady on the background of the witness who is geodesy whether it's a police top witnesses are your disease of any particular eye all these things thumbs improve it so now the challenge is finding other one we know AF P Acme ho designated quote we know grim d'accord we have no made of repeaters we all go right off it walking it's inert the forward under funny people extraordinary for intersection to know these things so now the case comes to us how to defend this is very very crucial very very tricky value to this they have special public prosecutors they have experts alarms expert explosive expert gun expert ballast tickets worth all expert PCP it's one digital evidence expect all these things are they with the state by the university editing agency a expert agency and prosecuting agency their prosecutors have been trained they are sent to England to learn about this it is an international magnification I'm here and really the difference lawyers has to defend now how to start with this case how to start with this case so before was it okay now mr. Suresh raised a question where he did you see me he said say more than six months 190 days or moveth now on application came to be fine under Section 167 subsection 2 mandate we pay there is a judgment of Monterey code against us and a judgment of a traditional food in our favor see what I say they may invoke Providence of such a food 71 for 71 exclamation of date on which owed is closed where the period of limitation experienced on a day when the court is closed the court may take cognizance on the day on which the court reopens this is the provision of law that typically Gideon seem a prosecuting agency may pass into service what this cannot over way section 167 feet of individualism one 180 days means 180 days they cannot press for every to go 471 into service 180 days 90 days then you to move the court then extended up to 180 days then they cannot press that then the accused is entitled for 98 rebate okay with abilities now what is the defense so another I think I can speak on the defense the first week the first it should be given on such the sanction is of one big material under you you react so European is the definition panel provision the year is the procedural aspect 35 subsection 2 so this is the first difference we should take 45 subsection to see 45 no court should take cognizance of deference under chapter 3 central government chapter 4 and chapter 6 the state government also gone 25 subsection Bui is very significant sanction for prosecution under subsection 1 shall be given within such time as may be prescribed only after considering the report of such authority appointed by this little comment all US the case may be the state permit which shall make an independent review of evidence gathered in the course of Investigation there must be a independent review committee that is one aspect independent review committee is mastered placing all the materials before the sanctioning authorities under the middle there are two material to impede investigation and prosecution see this honor of taking cognizance that is the rule of the court taking cognizance the court has to apply its mind all the material placed before each for the purpose of finding out whether or not a prima facie case is made up to first thing further so it is not an empty formality it is the essence of bar it is the law which is bestowed on the internal judge to apply his judicial mind all the materials flows before it by the investigating agency if the court declines to take cognizance end of it the case is dropped before taking cognizance the sanctioning authority is equal to cognizance the role played by the runner George and the lower played by the sanctioning authority are almost same the trial judge declines to take or misses it brings the case to an end IQ should be set at liberty sea infirmary is bestowed upon the independent review committee or sanctioning Authority almost all the papers should be placed before him what is the material collected on conspiracy what is the material collected all printed circuit board what is the material collected on digital evidence all the evidence shall be close to before the siphoning authority mechanical granting of section of the site sent the entire proceeding BGA's so it is very very significant you can't just like that take on grant sanctioned CI for certain additions on sanction see 2015 mazda three crimes page 125 nykeya power was a state of Karnataka this is my honorable effects code so this decision they're not to the I quote ill that if the sanction is involved that you should be discharged if the sanction is then comes 2014 back to 14 SEC 295 between CBI versus other one here also sectioning is very significant so these are the three effects conditions on the important importance of sanction before cognizance is pain then two other t-shirts one is for his rykor Subash read us earliest mini quanta and others was a state of voice' in criminal law EMC number 38 this is very important in this vision no independent review committee was appointed the sanction was accorded by the same treating Authority based on that proceeding was quashed by the notches in there for his iPod and I am referring to another edition of camera I quote in Rupesh was the state of camera in criminal revision petition number 732 2019 decided on 29 2009 t seen these douches and two decisions are very very important which deals with independent review committees independent review committee is not appointed and they will not review without their review if the sanctioning Authority crime sanction it is invaded entire proceeding gets initiated them comes a certain case this is also very very important case reported in 9 2013 criminal law journal p226 Supreme Court and I feel that every defense advocate should be two three times actually this is varying Siberians orbitally analyzed by the effects port where it will throw lot of light then the CD 9 our mama was state then policing was the spirit of money poo there are several other patients so you know sufficient time I'll conclude this unsanctioned what I would suggest is the advocates when this type of matter comes before the court based on the manga Bacchus after-effects code we can insist to examine sanctioning authority as speed of the one if we could able to trash him in the box and establish that the sanction was accorded without application of mind without appreciating all the materials placed before the cycling authority could able to demonstrate try to you try see something in the path then there are chances of moving Bajaj application at that stage so here the question may arise once charge is filed charges frame can be move an application for discharge that's what the image of a case a charges frame sanctioning authority is examined a speed of p1 I am could able to thrash in thrashin coming we received all the answers to demonstrate that it is invalid sanction at that stage itself we can move an application for discharge that is permissible as per supreme board and we have cannot buy conditioners on that point therefore as a defense heating the case on sanction section fortifying subsection once affected to is a very very important idea defense so this there comes in all you a Jesus digital evidence players a significant role Syria called telephone everyone as mobile phones mobile conversations so interconnection between one accused and the accused then comes mobile mobile which has nice eternal flash memory card and ex so the mobile and CDR quad detailed before and CAF customer application form these are all the material see always suppose I have a boo-boo it should have a International Mobile Equipment Identity number so how they connect mobile with that user mobile in a sim holder mudra user this is one aspect then comes your net connections net post the destination IP address laptop or desktop connected to local net and the international it no local IP address the internet will IP address so this is net which the host which computer generated that information whether whether it is distinct for recent so we should have technical aspect are inept IP address this is most important the third comes CCTV footage CCTV footage connected to D be a digital video record it has on this then come see deep and rail or copy so these are the three different area of digital units then we should know the technology of graphics digital graphics metafile digital graphic display then we should know what is fixed what is mega except it is a top 1000 pixel is 1 mega pixel the resolution then clipping we doing so this scaling we should be perfect about these technicalities how it works how they manipulate see one I stress here what is just here is see [Music] preface of digital evident election 3 phase number one collection identification of evidence convicted once it is connected story once storing transformation so these are was one face collection storing transportation then we can use fine w squads when made why five W's one each how it was connected why it was collected when it was collected when it was collected when it was collected five W's one H is very very important collection is one sis then comes examination after the examination that is the second fish the third is presented then it comes to the coat when it comes to the cohort what is important for abusing evidence here I would like to point out section 173 subsection 5 review a section 207 subsection 5 165 of CRPC section 3 and 65 D 90-79 3 and 65 B of evidence I'd section 202 - and 79 a of Information Technology Act these are all these sections subsections prophetess and provisions of law one has to be very thorough with that after understanding articulating these provisions of MA this has to be thread per one tutor then 65 B there are four subsections several parameters line-by-line world my goal we should try to understand to to the expert and while reading this we should also completely thorough with such as 45 capital a these are all the provisions of law provisions of math is there they'll take the committee's then we should return idols then who should ask for the copies of it when he Superintendent of Police these are technical it is there are few many technicalities since there are no sufficient time I will talk about this then what are all the judgments Albert PD versus Bucky it's a very well known judgment decided by idea box code in the year 2014 then comes solo so would it depend is very very important because in a criminal trial also there is waiver of right when the prosecution wanted to mark a digital document and the stage itself we should oppose it and make the transport or pass an order so that is where if you don't do that in the US Court level you can't do it that is what so Lucas then comes Saffy bomber case this also Supreme Court in 2017 it is some deviation recovery of CDs from apples and other places see then comes to the latest edition state of Karnataka was so serum and this is the latest case decided in 2019 see all these cases are comprehensively taken into consideration taken into consideration what is significantly is number 165 this certificate is mandatory at the time of our using evidence there are several I audition which since then it should have company along with the chassis now this theorem was scarce it is the end of that it can be produced on the time of abusing units and the time of marking these things so these are the four major get immersed ever detriments of several other I course I'm not going to that has been their story gentlemen these four judgments we should try to understand comprehensively so that we can effectively and with the case see if CD is produced before the court it is not a complete document actually is the complete document on disk we should try to know what is the interface of it that also technically we should know about that then we can file an application under to not seven subtraction fire asking for the memory made a clone image of the HD so we just giving the CD our coffee is not suffice then with the C computer means it is for manipulation it is to create an image what is server what is rotor what is a Klain - I cannot so when it was ultimate why it was our United where is the computer that are needed there's so many questions and we should be thorough technically and we should table thorough with the deposition of math as well as the judgment so the process emotion are the investigating agency trains to manufacture evidence flying team CD it is easy with computer graphics we can make anything we can make come come to dance to a local cue we can make people to walk on the building which is going to be constructed we can move the spaceship anything can be done the computer is meant for manipulation the computer is intent for deletion insertion accession there are so many things manipulation how exactly this this evidence has to be challenged by the way of transformation this totally difference on the cross-examining Council then you know this nodal officer would come export would come so many things are there that has to be taken having said so this two things there comes a recovery of peppers ammonium nitrate bullet weapons a gun see this is always I have seen your kids yeah you know sent was arrested he was under for two months then it was in forward to high they came and investigated it is beautiful Islamophobia and xenophobia 47 - was planted see during combat the paramilitary forces gets one of events that is with the ions of the central investigating agency our Intelligence Agency they can bring your weapon and plant it then fingerprint sources of it so many things are there and unless we have thorough knowledge of the weapon I will finish within that okay finish it up now son concluding that time is very fast approaching see a single enemy the Defense Council should be completely equipped difference console should go to all the spot make thorough inquiry and cross-examine if the IOC has no hundred questions would be ready if I was yes immediately hundred questions ultimately it is within the purview of the difference Council to confront the witness unless the experts say that he is not an expert the transformation is not a complete unless I were admits that he has committed mistake he does not know the classics of nation is not complete unless these myself Ignace admit that he said bullies stop witness the crash zone it is not complete unless the witness admits that he is a God of witness transformation is not complete it totally depends upon the crew of the defense counsel and the defense Milan would leads DT so with this I conclude another 28 minutes any question I can able to try to answer maybe one question sir Giovanni yes yes please yes that is what I say into this structure schemas for PCs pivots see these are this manufactured evidence planned to enter materials we should completely make a research go to all the spot where they are these conspiracy go to all this part where they say that weapons on the color make thorough inquiry our witness most of the witnesses are fully stocked witnesses our weaknesses were Ida logically opposed to voice of these located was from them as criminal background if you witness is from Carmen get on the information and come front in he must be a criminal planted so research and effective counseling summation is the only selection as far as law is concerned it is against a defense it is against IQs the definitions of division osa see on interrogatory or UConn it is one Leone the judgment so only bill mentor you can find an application under section 21 subsection 4 of yeah what do you want made no other revision that is ultimate that is the I caught that is the Supreme Court what we should do you wanted to challenge the scope is limited you can find an application and an optical purity to produce Allah not with her to produce is there the scope is very very limited therefore the defense counsel should be able to make the designated judge you to pass an order on every question whichever question different which other question is allowed which other talk to the path which other document the objective does not permit to mark you make the judge to pass an order for that it can be taken at the final argument on a definite speech and we should be very careful on each and every work each and every lines yeah is the important is important and these every word universe already used in the second is ticklish and tricky wish to be able to demonstrate on the root of it you should cut the loops are cutting the trend cutting a branch continues body unless you continued trying to crash it so in cutting the road of course there are judgments what is there are daily sessions quartet photonic Amazon watch it you get a copy of it I similar in that case you get a district court document you go to Goa the iCore that is a High Court for seven sister states there are number of judgments connect these capable based on this crosses on they continued