Public Interest Disclosure: Whistleblower Law

“Disclosure” means a complaint relating to-

(i) an attempt to commit or commission of an offence under the Prevention of Corruption Act, 1988 (49 of 1988);

(ii) wilful misuse of power or wilful misuse of discretion by virtue of which demonstrable loss is caused to the Government or demonstrable wrongful gain accrues to the public servant or to any third party;

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Diplomatic Vehicles

Section 42 Mvact

Special provision for registration of motor vehicles of diplomatic officers, etc.

(1)Where an application for registration of a motor vehicle is made under sub-section (1)of section 41 by or on behalf of any diplomatic officer or consular officer, then not withstanding anything contained in sub-section (3) or sub-section (6) of that section , the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display there on a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (here after in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered other wise under this Act.

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Investigation and duty of Magistrate

Investigation

24. Receipts of F.I.R.: – Magistrates and Judges receiving F.I.Rs., shall initial each page and put the date stamp and time of receipt. The name or number of the messenger shall also be noted. If the F.I.R., is received by post, the envelope shall also be initialled and preserved.

The same rule applies to Inquest Reports and other documents received from the Police or other Prosecuting agencies.

25. Magistrate to insist on production of the accused and copies of Documents: – No order under Section 167 of the Code for remand of an accused should be made unless the accused is produced before the Magistrate and he has been heard. Magistrates shall also insist on the production of copies of the entries in the Case Diary peruse and initial those documents before passing orders and also indicate in the order, that the documents are perused.

26. Remand to police custody: – A Magistrate shall not grant remand to police custody unless he is satisfied that there is good ground for doing so and shall not accept a general statement made by the investigating or other Police Officer to the effect that the accused may be able to give further information. In all cases, where the Magistrate authorises the detention of the accused in the custody of the Police, he shall record his reasons for so doing.

27. Order of remand by a Magistrate to be forwarded to Sessions Judge: – Whenever a Magistrate remands an accused person to the custody of police under Section 167 of the Code, a copy of the order of remand with the reasons recorded therefor, shall be forwarded within 24 hours to the Sessions Judge.

28. Computing period of remand: – In computing the period of fifteen days mentioned in sub-section (2) of Section 167, or the proviso to Section 309 of the Code, both the days on which the remand order was made and the day on which the accused is ordered to be produced before the Court shall be included.

While computing the period of detention as prescribed in the proviso to sub-section (2) of Section 167 of the Code or any period of detention prescribed by any other Law, the date of actual production of the accused before the Magistrate or the Judge, as the case may be, shall be excluded.

29. Remand under Section 390 of the Code: – When an accused person is brought before a Subordinate Court under Section 390 of the Code, the Court shall explain fully to him his right to the assistance of an Advocate at State cost and the procedure of hearing of appeals by the High Court. If the accused is remanded to custody, the Court shall forthwith report the action taken to the High Court and if the Warrant issued by the High Court is a Bailable Warrant, also state its reasons for remand and shall forward a copy of the said Report to the Collector who will communicate with the Public Prosecutor, Andhra Pradesh.

30. Bail during investigation: – When an accused is released on bail during investigation he shall be bound over to appear in Court after the charge-sheet is filed and summons served on him. It is not necessary to bind him to appear on any earlier date or dates.

31. Requisitions for confessions etc.: – (1) All requisitions for recording of confession of the accused or statements of witnesses or for holding identification parades shall be made to such Magistrate as is nominated by the Sessions Judge for particular police station.
(2) On receipt of such requisition, the Magistrate shall immediately fix a date for the purpose and issue summons to the witnesses.
(3) Statement of witnesses and confession of accused shall be recorded in open Court and during Court hours except for reasons to be recorded in writing. No Police Officer should be allowed to be present in the Court Hall or in visible distance from the witnesses of the accused, while the statement or confession is being recorded.

32. Confessions: – (1) No confession shall be recorded unless:

(a) the Magistrate has explained to the accused that he is under no obligation at all to answer any question and that he is free to speak or refrain from speaking as he pleases; and

(b) the Magistrate has warned the accused person that it is not intended to make him an approver and that anything said by him will be taken down and thereafter be used against him.

(2) Before recording a statement, the Magistrate shall question the accused in order to ascertain the exact circumstances in which his confession is made and the extent to which the Police have had relations with the accused before the confession is made.
The Magistrate may usefully put the following questions to the accused :-
(a) When did the police first question you?

(b) How often were you questioned by the Police?

(c) Were you detained anywhere by the Police before you were taken Formally into custody, and if so, in what circumstances?

(d) Were you urged by the Police to make a confession?

(e) Have the Statements you are going to make been induced by any ill-treatment? And if so, by whom?

(f) Do you understand that the statement which you are about to make may be used against you at your trial?

These questions and any others which may suggest themselves and the answers to them shall be recorded by the Magistrate before he records the accused’s statement and shall be appended to the Memorandum prescribed by Section 164(3) of the Code of Criminal Procedure. The Magistrate shall add to the Memorandum a statement in his own hand of the grounds on which he believes that the confession is voluntary and shall note the precautions which he took to remove the accused from the influence of the police and the time given to the accused for reflection.
(3) If the Magistrate has any doubt whether the accused is going to speak voluntarily, he may, if he thinks fit, remand him to a sub-jail, before recording the statement; and ordinarily the accused shall be withdrawn from the custody of the Police for 24 hours before his statement is recorded. When it is not possible or expedient to allow so long a time as 24 hours, the Magistrate shall allow the accused atleast a few hours for reflection.
(4) The statement of the accused shall not be recorded, nor shall the warning prescribed in paragraph (1) of this Rule be given nor shall the question prescribed in paragraph (2) of this Rule be asked in the presence of a co-accused or of the police officers who have arrested him or produced him before the Magistrate or who have investigated the case.

33. Dying declaration: – (1) While recording a Dying Declaration, the Magistrate shall keep in view the fact that the object of such declaration is to get from the declarant the cause of death or the circumstances of the transaction which resulted in death.
(2) Before taking down the declaration, the Magistrate shall disclose his identity and also ask the declarant whether he is mentally capable of making a declaration. He should also put simple questions to elicit answer from the declarant with a view to knowing his state of mind and should record the questions and answers, signs and gestures together with his own conclusion in the matter. He should also obtain whenever possible a certificate from the Medical Officer as to the mental condition of the declarant.
(3) The declaration should be taken down in the words of the declarant as far as possible. The Magistrate should try to obtain from the declarant particulars necessary for identification of the accused. Every question put to the declarant and every answer or sign or gesture made by him in reply shall be recorded.
(4) After the statement is recorded, it shall be read over to the declarant and his signature obtained thereon, if possible, and then the Magistrate shall sign the statement.

34. Identification parades: – In conducting identification parades of suspects, the Magistrate shall observe the following Rules.

(i) (a) The Police should sent a requisition for holding identification parade by the Magistrate as nominated by the Sessions Judge. On such requisition, the Magistrate shall conduct the identification parade as expeditiously as possible.

(b) Where bail application is pending for the release of the accused and on being informed so by the Police Officer, the Magistrate shall as far as possible fix a date earlier to the date of arguments on the bail application and hold the identification parade.

(ii)(a) As far as possible, non-suspects selected for the parade shall be of the same age, height, general appearance and position in life as that of the accused. Where a suspect wears any conspicuous garment, the Magistrate conducting the parade shall if possible, either arrange for similar wear to other or induce the suspected person to remove such garment.

(b) The accused shall be allowed to select his own position and should be expressly asked if he has any objection to the persons present with him or the arrangements made. It is desirable to change the order. in which the suspects have been placed at the parade during the interval between the departure of one witness and the arrival of another.

(iii)(a) The witnesses who have been summoned for the parade shall be kept out of the view of the parade and shall be prevented from seeing the prisoner before he is paraded with others.

(b) Before a witness is called upon to identify the suspect, he should be asked whether he admits prior acquaintance with any suspect whom he proposes to identify. He shall also be asked to state the marks of identification by which he can identify the suspects.

(c) Each witness shall be fetched by a peon separately. The witness shall be introduced one by one and on leaving shall not be allowed to communicate with witness still waiting to see the persons paraded.

(iv) Every circumstances connected with the identification including the act if any attributed to the person who is identified shall be carefully recorded by the officer conducting it, whether the accused or any other person is identified or not. Particularly any objection by any suspect to any point in the proceeding shall be recorded.

35. Identification of property: – (1) Identification parades of properties shall be held in the Court of the Magistrate where the properties are lodged.
(2) Each item of property shall be put up separately for the parade. It shall be mixed up with four or five similar objects.
(3) Before calling upon the witnesses to identify the property, he shall be asked to state the identification marks of his property. Witnesses shall be called in one after the other and on leaving shall not be allowed to communicate with the witness not yet called in.


Source: Criminal Rules of Practice and Circular Orders 1990 [Andhra Pradesh]

Multiplex complex means

Law Library

“Multiplex complex” shall mean an integrated entertainment and shopping center/complex or a shopping mall and having at least three (3) cinema halls/screens. Apart from Cinema halls, the entertainment area may have restaurants, cafeteria, fast food outlets, video games parlors, pubs, bowling alleys, health spa/ centers, convention centers, hotels and other recreational activities.

However, habitable areas like hotels, service apartments shall not be allowed in the same block where the Multiplexes are set up and shall be allowed only as a separate block. Such a Complex may be spread over the site or be in one or more blocks which may be high-rise buildings or normal buildings.


Andhra Pradesh Rules for Construction and Regulation of Multiplex Complexes 2007

Judge means

S19. “Judge”. – The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person,- who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definite, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.


ILLUSTRATIONS

(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.

(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

(c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge.

(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.


Indian Penal Code 1860 [IPC]

Open and Distance Learning mode means

“Open and Distance Learning (ODL)” mode means a mode of providing flexible learning opportunities by overcoming separation of teacher and learner using a variety of media, including print, electronic, MOOCs, online and occasional interactive face-to-face meetings arranged by Institution through Learner Support Services to deliver teaching-learning experience, including practical or work experience[S 2.12]


AICTE (Open and Distance Learning Education) Guidelines for Institutions – Deemed to be Universities 2019

Digital signature

Cyber Crime,Cyber Security,Cyber Law

A digital signature is a way to ensure the integrity and origin of data.

A digital signature provides strong evidence that the data has not been altered since it was signed and it confirms the identity of the person or entity who signed the data.

A digital signature enables the important security features of integrity and nonrepudiation, which are essential for secure electronic commerce transactions.

Digital signatures are typically used when data is distributed in plaintext, or unencrypted form. In these cases, while the sensitivity of the message itself might not warrant encryption, there could be a compelling reason to ensure that the data is in its original form and has not been sent by an impostor because, in a distributed computing environment, plaintext can conceivably be read or altered by anyone on the network with the proper access, whether authorized or not.

Information Technology Act 2000

2(p) “digital signature” means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;

2(q) “Digital Signature Certificate” means a Digital Signature Certificate issued under sub-section (4) of section 35;

Information Technology Glossary

Cyber Crime,Cyber Security,Cyber Law

Information Technology (Certifying Authorities) Rules, 2000

SCHEDULE—V

Glossary

ACCEPT (A DIGITAL SIGNATURE CERTIFICATE)
To demonstrate approval of a Digital Signature Certificate by a Digital Signature Certificate applicant while knowing or having notice of its informational contents.

ACCESS
Gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;

ACCESS CONTROL
The process of limiting access to the resources of a computer system only to authorized users, programs or other computer systems.

ACCREDITATION
A formal declaration by the Controller that a particular information system, professional or other employee or contractor, or organization is approved to perform certain duties and to operate in a specific security mode, using a prescribed set of safeguards.

AUTHORITY REVOCATION LIST (ARL)
A list of revoked Certifying Authority certificates. An ARL is a CRL for Certifying Authority cross-certificates.

ADDRESSEE
A person who is intended by the originator to receive the electronic record but does not include any intermediary.

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Computer and Computer print out

LAW LIBRARY

“Computer” means any electronic, magnetic, optical or other high-speed data processing service device or system which performs logical, arithmetical and memory functions by manipulation of electronic, magnetic or optical impulses and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network;

“Computer print out” shall include ledgers, day-books, account books and other records, maintained in the ordinary course of business of the Bank or of the agent, printed on paper from the information stored in the computer or derived from such information;

Section 25 of The Government Securities Act, 2006

Government security

“Government security” means a security created and issued by the Government for the purpose of raising a public loan or for any other purpose as may be notified by the Government in the Official Gazette and having one of the forms mentioned in section 3;

Section 3 of The Government Securities Act, 2006

3. Forms of Government securities

A Government security may, subject to such terms and conditions as may be specified, be in such forms as may be prescribed or in one of the following forms, namely:-

(i) a Government promissory note payable to or to the order of a certain person; or

(ii) a bearer bond payable to bearer; or

(iii) a stock; or

(iv) a bond held in a bond ledger account.

Explanation .-For the purpose of this section, “stock” means a Government security,-
(i) registered in the books of the Bank for which a stock certificate is issued; or

(ii) held at the credit of the holder in the subsidiary general ledger account including the constituents subsidiary general ledger account maintained in the books of the Bank, and transferable by registration in the books of the Bank.