Unmanned Aerial Vehicle at your service

We are in time so proud of our military might easing of regulation in the aviation sector particular from the usage of the unmanned aerial vehicle for the civilians will bring more revenue and employment opportunity. 

The word drone, not common buzz word uses of everyone. many recall that word related with for a military purpose. Yes it is not any more usage of drones for commercial purposes

After the recent relaxation of license by the government of India. Civilian use of drone goes beyond military purposes to agriculture, damage assessment of property and life in areas affected with natural calamities, surveys (infrastructure monitoring including powerline facilities, ports, and pipelines; commercial photography;
aerial mapping), etc.

When the Amazon CEO Jeff Bezos explained his idea to use drones to Amazon customers in 20131Many raised eyebrows and questioned it is possible, 5 years later it becomes a new age industry.
They are also increasingly proliferating into the recreational field and Are likely to be used in many other domains. This article is to analyse the potential of income to earn and pros and cons for the new age sector

License
Over-Regulation will reduce the sector from achieving its full earning potential. Regulators cut red tape on drones is a welcome sign for the industry. Research Students, photographers and other professionals to use a drone without any license hassle. Below are the lists of drone categories which are exempted from the License.

RPA in Nano category intended to fly up to 50 feet (15 m) AGL in uncontrolled Airspace/ enclosed premises for commercial/recreational/ R&D purposes are Exempted from obtaining UIN.

RPAs (Remotely Piloted Aircraft ) owned/operated by NTRO(National Technical Research Organization), ARC (Aviation Research Centre ) and Central Intelligence Agencies are also exempted from obtaining UIN.
Civil RPA operators other than those mentioned in Para 7.2 shall require UAOP from DGCA.

Following entities will not require UAOP:
a) Nano RPA operating below 50 feet (15 m) AGL in uncontrolled airspace / enclosed premises.

b) Micro RPA operating below 200 feet (60 m) AGL in uncontrolled airspace / enclosed premises. However, the user shall intimate to the local police office 24 hours prior to the conduct of actual operations.

c) RPA owned and operated by the agencies as indicated in Para 6.5 of this CAR. 
However, the agency shall intimate local police officers and concerned ATS Units prior to the conduct of actual operations.

Fees
Another surprise news rate of fee is reasonable for obtaining UIN is ₹1000 for each drone, but for issue/ renewal of unmanned aircraft operator
permit (uaop) Fees for the issue of Permit is ₹25,000/-
2. Fees for renewal of Permit is ₹10,000/-

Approval department.
a) ETA from WPC Wing, Department of Telecommunication for RPA operating in the de-licensed frequency band(s), as applicable.
b) Security Clearance from MHA(Ministry of Home Affairs) in case of 6.1 (a) citizen of India, (c) By a company or a body corporate provided that:
i) it is registered and has its principal place of business within India;
ii) its chairman and at least two-thirds of its directors are citizens of India; and,
iii) its substantial ownership and effective control is vested in Indian
nationals & Indian company or corporate leasing RPAS from a company or corporate registered elsewhere than in India under 6.1, (d) not earlier than five years from the date of application for UIN.

However, individuals as indicated in Para 6.1 (a) shall either obtain security clearance from MHA or submit self-attested copies of at least two out of three valid identity proofs viz. Passport, Driving License or Aadhar Card.

In case of foreign remote pilots employed by Indian entity as per para 6.1 (b)( By the Central Government or any State Government or any company or
the corporation owned or controlled by either of the said Governments) or (c), and (d), DGCA shall forward documents for Security clearance to security agencies in accordance with the procedure being followed for Foreign Aircrew Temporary Authorization (FATA) pilots.


The application form for a security clearance is given at Annexure-II/III of this CAR.
As per para 6.3, The applicant shall submit a duly filled application (through Digital Sky Platform), as per Annexure IV of this CAR, along with requisite documents indicated in Para

6.2and applicable fee to DGCA. The UIN shall be issued in 02 working days, as per the format given at Annexure-V, provided all the documents are complete.

6.4 RPA in Nano category intended to fly up to 50 feet (15 m) AGL in uncontrolled airspace/ enclosed premises for commercial/recreational/ R&D purposes are exempted from obtaining UIN.

6.5 RPAs owned/operated by NTRO, ARC and Central Intelligence Agencies are also exempted from obtaining UIN.

6.6 In case of the entity specified under Para 6.1 (d) of this CAR, the Indian organization, who has taken RPAS on a lease, shall obtain the UIN.

Revenue.
The potential of revenue flow is more to India after the relaxation of licensing and the use of a drone to bring more revenue to government coffers.
The U.S. commercial drone sector is expected to generate $2.3 billion in investments next year. By 2025, its economic impact is set to almost double, forecast to surpass $5 billion 2
Goldman Sachs Research estimates a $100 billion global market opportunity for drone companies by 20202

Safety, Liability and Insurance Issues
Drones can be a lethal weapon or weapon of destruction if not properly regulated, recent example
PresidentNicolás Maduro ofVenezuelasurvive failed drone-assassination attempt
Drone operators can potentially be held liable for personal injuries and property damage as a result of flying their drone.

Under the tort theory of negligence, a drone operator could be held liable for losing control of their drone and allowing it to crash into a person or damage property.

Generally, in order to prevail in a drone accident lawsuit, the plaintiff must establish that the drone operator failed to exercise “reasonable care” while operating the drone.

In addition, the plaintiff will need to establish causation between the drone operator’s negligent acts and the claimed injuries. Consider a hypothetical where the drone is launched with low battery power which results in crash into passerby who sustains bodily harm. Successful recovery in drone personal injury litigation could include recovery for economic and non-economic losses.

Insurance can cover numerous issues including, “loss or damage to the UAV and associated equipment, coverage for aircraft operators, including other non-pilot, on-ground crew, manufacturer product liability, third-party legal liability, premises liability, aviation and premises medical payments, fire legal liability, independent contractors liability, personal injury, advertising liability, contractual liability, fellow employee coverage, war, hijacking and terrorism, damage to premises, property & office studio contents”4

In general, drone insurance consists of two separate types of coverage, (a) liability (a) liability and physical damage (or “hull”) provided for the owner/operator of the drone, and (b) products liability coverage for drone manufacturers and related UAV service providers.

Conclusion
The Drones should use for dangerous work like removing land mines, to deliver medicine essential item in flood, cyclone-affected areas. The policy and regulation to move on with the latest technological changes that should not be disruptive to any innovation. Although at the moment the cost of drones is still too high. This useful gadget will be part of our daily life for sure because of the high benefits.

References
1.https://www.usatoday.com/story/tech/2013/12/01/amazon-bezos-drone-delivery/379902
2.https://www.forbes.com/sites/niallmccarthy/2015/10/19/the-commercial-drone-sector-is-set-to-contribute-billions-to-the-u-s-economy-infographic/#346322882bdd
3. See:http://uavcoach.com/droneinsurance-guide/
4. Scott Carr, Ph.D. Director, Navigant Economics
Samuel L. Felker, Esq.
Matthew Grosack
Connie Lahn
https://www.americanbar.org/content/dam/aba/administrative/litigation/materials/2016_joint_cle/1_drone_on__final_of_outline.authcheckdam.pdf

Drafting Criminal Rules of practice -2018

                                          Introduction      

          

        I am happy to share my suggestions in drafting Criminal Rules of practice -2018

The points I have suggested is to adapt to digital technology. We need to make the best use of technology.

This means the right service needs to be in place, including the correct assisted digital support, to make sure justice is accessible to all such techniques will speed up trials and it could also result in a greater ( or lesser burdensome) procedural delay.

Implementing this will, of course, reduce costs. But, far more critically, it will deliver better justice.

CHAPTER-II SUMMONSES  AND  WARRANTS 

5. Summonses:

Proposed Changes - 9) The particulars of examined by the  Doctor,  the date on which the number of the Wound Certificate or Accident Register or Postmortem  Certificate,  as the case may be, shall be mentioned, whenever possible, in the medical witnesses. 

(10)  The Court may issue summons to official witnesses through Heads of Departments where their present address is not definitely known.  The Court may, in such cases, issue a duplicate copy of the summons also direct to the witness either through post electronic communication or through the police in the address shown in report or complaint.

My Suggestion - Doctor to be summoned sooner or later to the court if Address proof of the doctor along with Mobile number be updated in a separate form. This will help to prosecute official while calling Medical witness to appear before the court on time.

 Chance of going to department heard to track the medical officer to find out the address is not required and police official able to issue summon possibility of not issuing summons will be reduced to the maximum.

The success of any investigation depends largely on the accuracy and detail of the  about witnesses

Information. With reliable information, we can prevent/ avoid planting stock witness by the law enforcement official.

2-) Arrest is transmitted to another court or sent to the post for execution,  the  Head  Ministerial  Officer shall record the register referred to in sub-rule (4). (7)  A whom a warrant is directed shall send a report to the beginning from the date of receipt of it is executed, steps were taken for executing the same.  Every warrant of  Additional Testimony or Exhibits. If the judge considers additional testimony or exhibits, the judge must: (i) have the testimony recorded verbatim by an electronic recording device, by a court reporter, or in writing; (ii) have any recording or reporter’s notes transcribed, have the transcription certified as accurate, and file it;

Suggestion - Delayed execution of arrest warrant may jeopardize the proceedings State v. Long 2003  (STATE OF KANSAS)

The 75-day delay was unreasonable when the sheriff's efforts to execute the warrant were limited to inputting the warrant in the National Criminal Information Center computer without making any independent attempts to verify the defendant's address

Amending required from 90 days to 60 days

                           CHAPTER   -  IV INVESTIGATION

12 Recording  of  Dying  Declaration:

Proposed changes 4) The declaration should the words of the far as possible.  The gather from the persons referred to in the declaration.  put to every answer or in reply shall be recorded. 

(5)  a declaration is recorded, over to his signature or finger impression obtained thereon, if possible, and then,   the sign the statement. 

(6)   of the declarant, he may, if possible, he shall record electronic device.

(8) the process,  the Magistrate shall entries in Judicial  Form  No.11.

Suggestions –

There is no specific guideline or parameter to define the admissibility of a dying declaration; it can be verbal/ oral or written. It can be partly oral or partly written, at times it can be recorded when the declarant uses gestures or signs to give dying declaration

Recording device should be enabled time and date options while recording dying

Declaration. By doing that falsify of a timing of recording evidence via paperwork be curtailed

 material evidence / if required gesture, sign language interpreter be called for confirmation

Of information. 

The necessity of using the time stamp in recording declaration/interrogation. Is clearly see in the case the UNITED STATES OF AMERICA,   Plaintiff, Vs COMBAT YODPRASIT,  Defendant

(2016)  Case 5:15-cr-04085-MWB  IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN

DISTRICT OF IOWA WESTERN DIVISION    

  

                               CHAPTER  - V BAIL  AND  SURETIES

To  avoid  abscondence  of  accused

that it subscribe to his signature name and designation.

Comments- The addressing authority must also mention the address of service – Without it

The genuineness of addressing authority can't be identified at the later stage of a case (if required)

                                          CHAPTER  VII 

      

            GENERAL  INSTRUCTIONS  TO  ALL  CRIMINAL  COURTS

37-  Material be labelled: the object should have, affixed to it,  a show the number case to which and the party it has been received.    should also bear the property register.    

The  label  should  be printed  in  the  following  form:

Property  Register  No. Case  No. Name  of  the person: From  whom  received  with  address :

Suggestion – To add an additional column in the address Field as permanent as well as temporary

Address.

If the material received from the party partly or fully damaged – Penalty

Amount to mention subject to the discretion of the valuer or amount to describe.

If cash any received to specify will be deposited in the nationalised bank

                                          CHAPTER  XV

                                         HIGH  COURT

120 -  Judgment   and   orders   to   be  dispatched   with promptness:

 The order of the  High Court in, or relating to a file shall be Courts with the least possible delay.

Suggestion -  In paragraph 120 after “With the least possible delay” substitute “10 days ”,

Days should be specified within orders to be dispatched to the lower Court.

                                            CHAPTER  - XX 

SUPERVISION  OF  SUBORDINATE  CRIMINAL  COURTS  & ANNUAL INSPECTION

184- Inspection  of  Courts  by  Chief  Judicial  Magistrates and  Judicial  Magistrates:

Reports  of  the  inspection  should  be  submitted  to  the  High Court   by   the   Chief   Judicial   Magistrate   concerned/the   Chief Metropolitan   Magistrate,   in   Administrative   Form   Nos.52   and   60 respectively,  with  the  least  practicable  delay

Suggestion -  In paragraph 184 after “With the least possible delay” substitute “10 days ”,

- Days should be specific, that will lower procedural delay.

                         CHAPTER   -  XXII CERTIFIED  COPIES

206 Return  of  defective  applications:

of defective applications: of defects,  a  limit days shall be their re-presentation.  A defective period specified above, by the Head  Ministerial  Officer.

Comments-  seven days be replaced with 3 days

Additional Testimony or Exhibits. If the judge considers additional testimony or exhibits, the judge must: (i) have the testimony recorded verbatim by an electronic recording device, by a court reporter, or in writing; (ii) have any recording or reporter’s notes transcribed, have the transcription certified as accurate, and file it;

Warrant by Telephone or Other Means.   a magistrate judge may issue an arrest warrant or summons based on information communicated by telephone or other reliable electronic means.

The High Court shall promulgate rules to facilitate the taking of testimony by telephone, audio-visual means or other electronic means.

Conclusion

I have endeavoured to show that information technology is now a tool essential for modernisation of a judiciary or judicial system

I have humbly suggested these above suggestions in order to have better use of technology to take full benefit of what Information Technology offers.

 As Carr J put it recently in Su-Ling v Goldman Sachs International when setting out the principles to be derived from, amongst others, Mitchell ‘The achievement of justice means something different now. Parties can no longer expect indulgence if they fail to comply with their procedural obligations because those obligations not only serve the purpose of ensuring that they conduct the litigation proportionately in order to ensure their own costs are kept within proportionate bounds but also the wider public interest of ensuring that other litigants can obtain justice efficiently and proportionately and that the courts enable them to do so. [2015] EWHC 759 (Comm) at [38]

Complaint anonymously to protect children (https://cybercrime.gov.in)

Most of the victim's first thing imprinted in their mind to lodge any complaint to law enforcement

The officer is, will they take action? 

Need to report police station every day will impact our work.

The first thing we need to get rid of that assumption.

With the usage of smartphone user increase day by day, so it is a cybercrime report. We can see children play with toys has been considerably reduced which replaced by mobile internet.

It's our duty to safeguard our children in the borderless cyberworld.

Thus Hon'ble  Supreme court of India under the matter of Suo Moto Option in the writ petition  (C) No. 56/2004 titled Prajwala vs Union of India and Others has directed to impleaded NALSA (National Legal Services Authority)  to examine and submit the report for prevention of women and children to sexual exploitation.

The main object of this portal is to accept complaint anonymously with related to the remove child porn, children related to sexually abusive material like rape/ gang rape content from the online. As per the direction of Hon'ble Supreme Court under the matter of Suo Motu Writ Petition no.3/2015.

         

Any individual can lodge the complaint without disclosing their identity

user to share the details of the suspect. Any information provided will be kept confidential and it helps during the investigation.

do mention origin /place of incident and city in detail on the portal that helps law enforcement officer and cybersecurity official to report to the concerned online platform for removal of the content and stop spreading.

 If the individual wants to know the status of the case, then they need to register in the portal OTP will be sent to user mobile number to authenticate and then one has to proceed for registration.

                                  Workflow of the complaint

                                 Cybersecurity Nodal Agency

                                                    ↓

                                 State Cybersecurity division

                                                     ↓

                                      District Level Agency

Special Inspector General of Police is designated as the Nodal Cyber Cell for the CCPWC Online portal. All police units of states have a designated Nodal officer (district-wise) to deal with the complaints received on the portal.

Once the case is registered on the portal,  Cyber-office will forward the case to the concerned police station to take action i.e. based on the information and investigations thereof. Police stations can register FIR/NC/ Enquiry and submit a report of action taken to Cyber police official will update respective report on the portal within a stipulated time period.

         Please note that this portal to take complaint with online Child Pornography/ Rape/ Gang Rape (CP/ R/GR) content only.

Every now and then all web browsers provide child safety measure. Most important as parents we need to set up stricter settings when the kids go online. It is like to maintain good two-way communication between us and our kids. Parents should check often our kid's internet activities to ensure using the internet to get the information for our needs.

This portal to work based on the information shared by the citizen only, every day we come across many talks about such incident happened to prevent for occurring again to anybody, each citizen participation is required instead of making comments that it should be removed just take a small step forward lodge complaint anonymously.

See the difference.

Do share this information to create awareness.

Credit -https://cybercrime.gov.in/cybercitizen/home.htm