Author: PRASANNASRI26092001

CRIMINALISATION OF MEDICAL ERRORS: A DEBATE BETWEEN ETHICS AND PENAL LAW

AUTHOR – T. KAVITHA, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – T. KAVITHA, CRIMINALISATION OF MEDICAL ERRORS: A DEBATE BETWEEN ETHICS AND PENAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 720-728, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The criminalisation of medical errors has surfaced as one of the most debated topics in modern medical jurisprudence. While the fundamental purpose of criminal law is to penalise socially harmful actions carried out with culpable mental states, the primary goal of medical practice is to safeguard life through ethical, skilled, and compassionate care.  The convergence of these two areas ethical medical responsibilities and penal consequences which raises the intricate issues regarding negligence, professional autonomy, patient safety, and the chilling effect on clinical decision-making. In India, this matter has gained increased significance in light of judicial trends that fluctuate between imposing criminal liability on negligent practitioners and acknowledging the necessity to shield them from baseless prosecution. This article thoroughly investigates the conceptual, ethical, and legal aspects of criminalising medical errors, reviews landmark case law, contrasts global approaches, and assesses whether criminal penalties genuinely improve accountability or simply erode medical ethics and the practice of medicine. The study concludes with a well-rounded policy perspective aimed at reconciling patient rights, professional protection, and societal expectations.

Key Words: Medical errors, Negligence, Criminal penalties, Accountability.

BRIBERY AND CORRUPTION IN INDIA ARE MARK OF SHAME OF THE COUNTRY THROUGH MORAL CURSE OF INDIVIDUAL AN ANALYSIS

AUTHOR – I.MURALITHARAN, M.A.M.L., PH.D IN LAW, (PURSUING), ASSISTANT PROFESSOR OF LAW, GOVERNMENT LAW COLLEGE, VILUPPURAM, TAMILNADU

BEST CITATION – I.MURALITHARAN, BRIBERY AND CORRUPTION IN INDIA ARE MARK OF SHAME OF THE COUNTRY THROUGH MORAL CURSE OF INDIVIDUAL AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 715-719, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RSEM7269/

ABSTRACT

                           India is recognised globally as the world’s largest democracy and is governed by one of the most comprehensive constitutions. However, widespread bribery and corruption continue to undermine the integrity of its constitutional pillars—namely the Legislature, Executive, Judiciary, and associated government systems. Corruption has also permeated public institutions such as banks, insurance sectors, and administrative departments, resulting in India ranking poorly on global corruption indices. Reports indicate that the estimated value of corruption in India exceeds ₹75 lakh crore to date.

Corruption is not merely a legal offence but a profound moral and ethical failure. It tarnishes the administrative framework, weakens governance, obstructs development, and adversely affects national progress. For India to sustain its democratic identity and emerge as a developed and globally influential nation, eliminating corruption must become a collective responsibility.

This article aims to raise awareness among citizens—including students, youth, women, and the general public—regarding the legal, ethical, and social consequences of bribery and corruption. It discusses the nature of corruption, disproportionate assets, entrapment procedures, sting operations, and why giving or accepting bribes must be rejected as a social evil. Further, it outlines the process for reporting corruption, the investigation framework, anti-corruption mechanisms, and the relevant legal provisions under Indian law.

Keywords – Corruption control, disproportionate assets, sting operations, surveillance, undisclosed income, confiscation, non-compoundable offences, moral accountability, anti-corruption legislation, entrapment, public integrity.

FORENSIC SIGNIFICANCE OF TRACK EVIDENCE

AUTHOR – R.SRIRAM, SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – R.SRIRAM, FORENSIC SIGNIFICANCE OF TRACK EVIDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 708-714, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER -1

1.1. Introduction

Track evidence, also called impression evidence, encompasses any physical impressions or marks left by objects or biological entities that come into contact with a surface^[1]. Common forms include human footprints, shoeprints, tire tracks, tool impressions, and animal tracks. These marks can provide vital information linking a suspect to a crime scene, establishing presence or movement, indicating direction of travel, identifying the number of individuals or vehicles, and sometimes suggesting activities that occurred at the scene^[2].

The forensic significance of track evidence has evolved with advances in documentation, imaging, and analytical techniques^[3]. While track evidence is often circumstantial, careful collection, preservation, and analysis can produce compelling evidentiary links that withstand judicial scrutiny^[4]. This paper examines the scientific foundations, operational procedures, analytical approaches, and legal contexts that underpin the admissibility and reliability of track evidence.

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[1] William J. Bodziak, Footwear Impression Evidence: Detection, Recovery and Examination (CRC Press).

[2] David Grieve, Shoeprint Evidence: Its Value and Limitations, Forensic Sci. Int’l.

[3] FBI Laboratory, Footwear and Tire Tread Guide (U.S. Dep’t of Justice).

[4] Neumann et al., Error Rates and Reliability in Pattern Evidence, Forensic Sci. Rev.

ARBITRAL PROCEEDINGS AT THE CROSSROADS: CONFIDENTIALITY AND TRANSPARENCY AS COMPETING PRINCIPLES

AUTHOR – ANSH RAJ BATSH, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – ANSH RAJ BATSH, ARBITRAL PROCEEDINGS AT THE CROSSROADS: CONFIDENTIALITY AND TRANSPARENCY AS COMPETING PRINCIPLES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 704-707, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Confidentiality and transparency are considered to be two important, yet conflicting, principles of arbitration. While maintaining confidentiality ensures autonomy, commercial privacy, and efficiency of arbitration, transparency ensures public accountability, esteem, and development of a body of consistent jurisprudence, particularly in the realm of investment arbitration. This paper endeavors to explore the normative foundations, development, legislative regimes, arbitral rules, and comparative decisions on issues of confidentiality and transparency in arbitration, and also proposes a measured approach that ensures a balance between these conflicts..

“EXAMINATION AND MATCHING OF TOOLMARK EVIDENCE: A STUDY ON EVIDENTIARY RELIABILITY AND ETHICAL RESPONSIBILITY”

AUTHOR – R. BHUVANESHWARI, LLM STUDENT (CRIME AND FORENSIC LAW) AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – R. BHUVANESHWARI, “EXAMINATION AND MATCHING OF TOOLMARK EVIDENCE: A STUDY ON EVIDENTIARY RELIABILITY AND ETHICAL RESPONSIBILITY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 691-703, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Toolmark evidence occupies a distinctive place in forensic science because of its ability to link a particular tool to a criminal act through unique impressions or striations. The reliability of such evidence, however, depends on the examination and matching of the toolmark evidence, which forms a critical component in the process of criminal investigation and adjudication. The scientific reliability, interpretative accuracy, and ethical conduct of forensic experts in this domain have come under judicial scrutiny.  This study seeks to examine the scientific processes employed in identifying and comparing toolmarks while also exploring how variations in methodology, human subjectivity, and lack of standardized protocols may affect the accuracy of forensic conclusions and their admissibility in courts. This paper also studies traditional and advanced forensic methodologies including stereomicroscopy, comparison microscopy, scanning electron microscopy, and emerging digital and three-dimensional imaging techniques. It highlights the significance of class, subclass, and individual characteristics in the process of matching, while also identifying challenges such as tool wear, environmental influences, and examiner subjectivity. By addressing issues of reproducibility, error rates, and limitations in existing protocols, the study evaluates the extent to which toolmark evidence can be considered scientifically valid and legally reliable. Through doctrinal analysis on the legal note focusing on the admissibility of toolmark evidence under the Bharatiya Sakshya Adhiniyam, 2023, supported by forensic case studies, it evaluates whether existing legal frameworks adequately address the ethical challenges, professional accountability, and potential biases in forensic reporting. The study concludes that while toolmark evidence is an indispensable investigative aid, its legal credibility requires enhanced standardization, technological integration, and expert accountability. Strengthening forensic methodologies and aligning them with robust judicial scrutiny will not only improve the evidentiary value of toolmark analysis but also safeguard the fairness of criminal trials.

KEYWORDS: Toolmark Evidence, Forensic Methodologies, Evidentiary value, Judicial Scrutiny, Expert Accountability.

CROSS-BORDER M&A IN EMERGING MARKETS: STRATEGIC DRIVERS, RISK TRADE-OFFS AND REGULATORY CHALLENGES

AUTHOR – SWASTHIK BS GOWDA, STUDENT AT CHRIST ACADEMY INSTITUTE OF LAW

BEST CITATION – SWASTHIK BS GOWDA, CROSS-BORDER M&A IN EMERGING MARKETS: STRATEGIC DRIVERS, RISK TRADE-OFFS AND REGULATORY CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 680-690, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

What propels multinational corporations to undertake cross-border M&A in emerging markets despite the enormous difficulties that lie ahead? The paper investigates how the strong forces of access to fast-growing consumer markets, strategic asset acquisition, cost arbitrage, and technological potential shape the cross-border merger and acquisition (M&A) in the emerging markets, and how the springboard hopes of rising-market multinationals in their effort to compete with multinational corporations influence the cross-border mergers and acquisitions. Nevertheless, these prospects are offset by a range of threats, some of which are political instability, regulatory uncertainty, exchange rate changes, poor governance, and cultural incompatibility. The changing regulatory environment in the emerging markets, including foreign-investment controls, antitrust investigations, tax ambiguities, and the regulation of the digital economy are also described as the factors that further make deal-making difficult, and are emphasized in the analysis. To mitigate these risks, the paper suggests mitigation measures, which include due diligence, hiring of local advisors, hedging, structured deal instruments and preemptive regulatory negotiation. Host government policy recommendations are aimed at improving legal transparency, improving governance systems and creating investor friendly arbitration. By presenting this multi-dimensional analysis, the paper provides valuable lessons to multinational companies, target companies in the emerging-market, and policymakers who should strike a fine balance bet amidst the opportunity and uncertainty that comes with cross-border M&A.

Keywords: Cross-border M&A, Emerging Markets, Regulatory risk, Potential Risk, Due diligence, springboard theory

NEUROTECHNOLOGY AND THE LAW: PRIVACY AND LIABILITY CHALLENGES OF BRAIN–COMPUTER INTERFACES IN THE DIGITAL AGE

AUTHOR – ATCHAYA A, GUEST LECTURER, GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI

BEST CITATION – ATCHAYA A, NEUROTECHNOLOGY AND THE LAW: PRIVACY AND LIABILITY CHALLENGES OF BRAIN–COMPUTER INTERFACES IN THE DIGITAL AGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 670-678, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RSEM7269/

ABSTRACT

The brain-computer interfaces (BCIs) are a revolutionary mixture of neuroscience, biomedical engineering, and digital technology that allows communication between the human brain and external devices. Paralysis, enabled new forms of communication is an examples of the therapeutic and assistive potential that have resulted from the BCI application. At the same time they bring up new critical legal issues. This article looks at the BCI technology’s privacy, security, and liability issues together with its neuro-rights and existing legal frameworks. We investigate the concepts of traditional data protection, medical device regulation, intellectual property law, and tort liability as they relate to neural data and BCI systems, pinpoint the major shortcomings in existing legal protection, and recommend a regulatory framework that is comprehensive and unique that is specifically designed to manage the risks that are characteristic of neuro-modulation. India is given a special status where recent − went through the country’s constitution − recognition of privacy and the Digital Personal Data Protection Act, 2023 are steps towards the future neuro-rights protection, though urgent statutory and regulatory reforms remain necessary.

Keywords: Brain–computer interfaces, neuro-rights, neural data, mental privacy, cybersecurity, liability, DPDPA, neurotechnology regulation

LEGAL LIABILITY IN FIRE ACCIDENTS: CIVIL, CRIMINAL, AND EMPLOYER RESPONSIBILITY UNDER INDIAN LAW

AUTHOR – SANYAM KAUSHIK* & DR NIKUNJ SINGH YADAV**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN.

** ASST. PROF., LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN.

BEST CITATION – SANYAM KAUSHIK & DR NIKUNJ SINGH YADAV, LEGAL LIABILITY IN FIRE ACCIDENTS: CIVIL, CRIMINAL, AND EMPLOYER RESPONSIBILITY UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 659-669, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Fire accidents in India continue to pose a major threat to life and property despite the presence of multiple regulatory frameworks governing fire safety. This article critically examines the legal liability arising from fire incidents through the lens of civil, criminal, and employer responsibility under Indian law. It highlights how civil liability rooted in negligence, strict liability, and consumer protection seeks to compensate victims for breach of the duty of care, while criminal provisions under the Indian Penal Code (Sections 304, 304A, 285, 286) aim to punish gross negligence and wilful disregard for safety norms. The study further analyses statutory obligations imposed on employers and occupiers under the Factories Act, the Occupational Safety, Health and Working Conditions Code, the National Building Code, and municipal regulations, emphasizing the role of fire audits, structural compliance, and worker training. Through judicial precedents and recent fire tragedies across commercial, residential, and institutional spaces, the article exposes persistent gaps in enforcement, monitoring, and institutional accountability. It concludes by advocating for stronger deterrence mechanisms, unified legislation, technology-driven compliance systems, and a safety-oriented culture to reduce avoidable fire-related casualties in India. Ultimately, the article argues that effective fire safety governance requires harmonizing preventive regulation with robust liability frameworks that ensure accountability at all levels.

AI (ARTIFICIAL INTELLIGENCE) IN JUDICIAL DECISION-MAKING

AUTHOR – RAJARAJESHVARI R.S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – RAJARAJESHVARI R.S, AI (ARTIFICIAL INTELLIGENCE) IN JUDICIAL DECISION-MAKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 648-658, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Justice V. R. Krishna Iyer (Former Judge, Supreme Court of India)“Justice is not cloistered Virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, Comments of ordinary men.” The use of artificial intelligence (AI) into the judicial system Represents a significant leap in legal technology. In recent years, AI techniques have been Increasingly used to help forecast court rulings, analyse legal data, and translate legal papers. SUVAS (Supreme Court Vidhik Anuvaad Software) is one such application that helps Translate judicial papers between English and regional languages like Tamil, boosting Accessibility and efficiency in legal proceedings. However, while AI has numerous Advantages, its role in judicial decision-making remains contentious. As Hon’ble Justice B.R. Gavai pointed out, AI lacks the vital human attributes of emotion, moral reasoning, and Ethical judgment, all of which are required to appreciate the complexities and intricacies of Legal conflicts. This study investigates the two domains of AI in the judiciary: its benefits And limitations. It is particularly concerned with how current and future generations of legal Professionals are expected to adapt to this changing technology. Drawing on historical Analogies with previous technological revolutions, such as the adoption of computers and Mobile technologies, this paper highlights that successful adaptation requires a thorough Understanding of legal concepts rather than a superficial reliance on AI tools. The findings Imply that, while AI can improve judicial efficiency and inform decision-making, it cannot Replace a well-trained legal mind’s interpretative and ethical abilities. To effectively Integrate AI into decision-making, legal practitioners must have both technological Competence and a solid conceptual base.

Keywords: Artificial intelligence, technology, human, judiciary, decision making

POLICY AND PRACTICE OF FAMILY MEDIATION IN INDIA: A JURISPRUDENTIAL AND INSTITUTIONAL ANALYSIS IN THE POST-MEDIATION BILL ERA

AUTHOR – ARJITA DWIVEDI, DOCTORAL CANDIDATE, JIWAJI UNIVERSITY, GWALIOR

BEST CITATION – ARJITA DWIVEDI & MAMTA MISHRA, POLICY AND PRACTICE OF FAMILY MEDIATION IN INDIA: A JURISPRUDENTIAL AND INSTITUTIONAL ANALYSIS IN THE POST-MEDIATION BILL ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 641-647, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Mediation in family matters represents an alternative dispute resolution mechanism aimed at resolving familial disputes through a voluntary, non-adversarial, and structured communication process facilitated by an impartial third-party, known as the mediator. This concept has gained significant prominence in India as a humane and efficient alternative to the traditionally protracted and emotionally draining litigation in family courts. The underlying principle of mediation is to facilitate mutual understanding and amicable settlement between disputing parties, which is crucial in family disputes that involve emotional, social, and relational complexities. Indian family disputes often require more than just legal remedies; they necessitate reconciliation and preservation of familial relationships, especially when children’s welfare is involved. Thus, mediation aligns well with these needs by promoting communication, cooperation, and voluntary settlement outside the courtroom. The evolution of mediation in family disputes in India can be traced back to statutory provisions such as Section 9 of the Family Courts Act, 1984, which mandates family courts to make efforts to settle disputes before proceeding to trial, institutionalizing mediation as a primary step. Additionally, Section 89 of the Code of Civil Procedure (CPC), 1908 empowers courts to refer disputes to alternate dispute resolution methods including mediation to encourage settlement and reduce litigation burden. Despite this supportive framework, mediation in family matters in India faces implementation challenges such as lack of standardized procedural guidelines, inadequate public awareness, and shortage of certified mediators. These challenges limit the full realization of mediation’s potential benefits in family law cases. This paper examines the doctrinal foundations, statutory evolution, institutional mechanisms, practical challenges, and the impact of the Mediation Act (and related policy developments) on the practice of family mediation in India.