Author: PRASANNASRI26092001

WITNESS PROTECTION

AUTHOR – YATENDRE DHANKAR & VIJAY ARORA

STUDENTS AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – YATENDRE DHANKAR & VIJAY ARORA, WITNESS PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 337-341, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The criminal justice system in India, much like in many parts of the world, relies heavily on the testimony of witnesses to ensure the fair and just prosecution of offenders. Witnesses play a pivotal role in the judicial process, providing crucial evidence that can substantiate or refute allegations, thus helping to establish the truth.

However, the position of a witness, particularly in high-stakes or high-profile cases, is fraught with numerous challenges and risks. In recent years, the issue of witness protection has garnered significant attention within legal and academic circles in India. The safety and security of witnesses are paramount, not only for the integrity of individual cases but also for the overall trust in the judicial system.

Despite various efforts and initiatives to safeguard witnesses, there remain substantial gaps and challenges that need to be addressed comprehensively. This aims to explore the multifaceted challenges faced by witnesses under the witness protection programs in India. It delves into the historical context and evolution of legal reforms pertaining to witness protection, assesses the infrastructure and resources allocated to these programs, and identifies the legal ambiguities and gaps that hinder their effectiveness.

Keywords- Witness protection, Witness protection program, Witness protection scheme

WHISTLEBLOWER PROTECTIONS IN CORPORATE LAW: ENSURING ACCOUNTABILITY

AUTHOR – SHANTANU KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – SHANTANU KUMAR, WHISTLEBLOWER PROTECTIONS IN CORPORATE LAW: ENSURING ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 331-336, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The definition of a whistleblower is basically someone who alerts others to wrongdoing. It’s similar to raising your voice to alert others to impending danger. When someone is referred to be a whistleblower in any bank or business, it indicates that they are taking a risk by voicing their concerns. They are raising awareness of a problem that requires attention by utilizing their voice. You become a whistleblower when you speak out against anything that is wrong or illegal. What is it, then, it is an act in which we divulge certain information to the whole public. Whistleblowers essentially leak information regarding wrongdoings that are taking place and make it publicly visible. “We discuss major topics in an open manner so that everyone is aware of the situation. If anything goes wrong, everyone knows about it. We thus define whistleblowing as, it’s similar to an act in which someone divulges information. Employees or stakeholders disclose any unethical or illegal activities occurring inside a company. Therefore, it is obvious that whistleblowing occurs when someone does this. If an error occurs in any organization, it must be brought to everyone’s notice. Individuals in positions of authority or anybody who isn’t afraid to speak out. We call this whole conduct “whistleblowing,” and those individuals are similar to whistleblowers. If we discuss a significant problem that has come to light, the Panama Papers were one of the main ones. The Panama Papers disclosures brought to light the widespread practice of tax avoidance. The whistleblower policy prompted the revelations, which were all connected to Uber’s records. As a result, the whistleblower revealed all of Uber’s activities. It indicates that the whistleblower exposed their efforts to maintain a dominant position on a worldwide scale. One of the most significant instances of whistleblowing is this one. Regarding India, the basis for the Protection Act was created in 2014. Now, let’s examine the particular law. The Protection Act was first proposed in 2011, but it wasn’t formally put into effect until 2014. Therefore, anybody worldwide may report any kind of corruption thanks to the Protection Act of 2014. Under this Act, it is possible to report instances of power abuse by persons in positions of authority, such as when a public official commits a crime or abuses their position of dominance for personal benefit. In essence, it includes every detail of any disclosures made about these issues. Anyone may denounce any corruption or abuse of power by a public official if they choose to be a whistleblower. Our organization now states that you must inform them of any complaints of this kind. If a whistleblower scenario arises, you must notify them in accordance with the appropriate requirements included in the Company Act of 2013 and later. Both of them will have to deal with the Securities and Exchange Board of India in the future. Since they are subject to these laws and regulations, they must respond to the notifications and complaints. Therefore, every listed business or any firm that belongs to this class or those classes must set up a system, according to Section 177 of the Companies Act 2013 and the relevant regulations adopted under it. For their directors and staff, this is essential. “Anyone with legitimate worries or problems must be able to report them via a system in place. According to someone, Sector 177 should have a suitable structure for this so that any employee or director may appropriately disclose any issues they are aware of.    

KEYWORDS: panama papers, whistle-blower, whistleblowing, divulges information

ARBITRATION: LAW AND PRACTICE – THE CORNERSTONE OF MODERN COMMERCIAL DISPUTE RESOLUTION

AUTHOR – SIMRAN KAUR, STUDENT AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – SIMRAN KAUR, ARBITRATION: LAW AND PRACTICE – THE CORNERSTONE OF MODERN COMMERCIAL DISPUTE RESOLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 328-330, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction: The Rise of Arbitration

Arbitration has evolved from a simple business practice into a major mechanism for resolving complex domestic and international commercial disputes. It is a process where the parties agree to submit their dispute to an impartial tribunal (the arbitrator), who renders a final and binding decision (the arbitral award) without recourse to national courts. Its popularity stems from its main advantages: party autonomy, neutrality, confidentiality, and, critically, the almost universal enforceability of awards under international treaties. This paper explores the essential legal framework, important procedural practices and current challenges that define modern arbitration.

IS THE INDIAN CONSTITUTION FEDERAL IN NATURE?

AUTHOR – RIYA & NIKHIL RATHEE

RESEARCH SCHOLARS AT GURU GOBIND SINGH INDERPRASTHA UNIVERSITY

BEST CITATION – RIYA & NIKHIL RATHEE, IS THE INDIAN CONSTITUTION FEDERAL IN NATURE?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 320-327, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian Constitution is often called “quasi-federal” because it blends federal and unitary features in a unique way. This paper offers a structured analysis, around nine pages long, to examine whether the Indian Constitution is truly federal in nature. This paper examines whether the Constitution of India is federal in nature. It begins with the constitutional text and highlights the features that support federalism, such as the division of powers, written constitution, dual polity, and bicameralism. It then considers opposing unitary features, including a strong Centre, residuary power, single citizenship, and emergency provisions.

 The analysis covers the ways in which India’s “quasi-federal” nature has been shaped by the Supreme Court and constitutional precedents. Important rulings are discussed, including “Kesavananda Bharati,” “State of West Bengal v. Union of India,” “S.R. Bommai v. Union of India,” and “Indira Nehru Gandhi v. Raj Narain.” According to the argument’s conclusion, India’s constitution is best characterised as “quasi-federal,” with strong centralising tendencies that are restrained by judicial review and changing political practices.

Numerous debates and court decisions have centred on the Indian Constitution’s federal nature. A dual system that explicitly distinguishes between the Union and the States is established by the Constitution. In addition, it grants the Centre principal control over financial, administrative, and legislative issues. The framers’ goal of maintaining national integrity and unity in a culturally diverse nation while permitting regional autonomy for effective governance is reflected in this blend. Federal characteristics are demonstrated by the establishment of a bicameral legislature, the division of powers in the Seventh Schedule, and the existence of an independent judiciary. However, features that centralize power, such as the residuary powers of Parliament, single citizenship, emergency rules, and the restructuring of state boundaries under Articles 3 and 356 show a bias toward a unitary framework.

With significant decisions like Kesavananda Bharati v. State of Kerala (1973), State of West Bengal v. Union of India (1963), and S.R. Bommai v. Union of India (1994), the judiciary has been instrumental in establishing India’s federal identity. These cases collectively upheld federalism’s inclusion in the Constitution’s “basic structure.” India’s federalism has evolved over time from a model of central control to one that promotes state collaboration and competition. This shift is supported by intergovernmental bodies like the Finance Commission and the NITI Aayog. Keywords –  Quasi-federal , center-state relations, constitutional division powers

CHARACTERISTICS OF A COMPANY AND ITS TYPES UNDER THE COMPANY ACT, 2013

AUTHOR – ADITYA JAISWAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – ADITYA JAISWAL, CHARACTERISTICS OF A COMPANY AND ITS TYPES UNDER THE COMPANY ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 315-319, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

​The Companies Act, 2013 represents a landmark shift in India’s corporate governance framework, emphasizing transparency, accountability, and investor protection. A company, as recognized under this Act, is a distinct legal entity established for lawful business objectives, possessing perpetual succession, limited liability, and a separate legal personality from its members. These defining characteristics distinguish a company from other forms of business organizations, such as partnerships or sole proprietorships. The Act not only codifies the essential features of corporate existence but also provides a comprehensive classification of companies based on incorporation, liability, ownership, and control.

This paper explores in depth the essential characteristics of a company—its separate legal entity, perpetual succession, common seal, capacity to own property, limited liability, and transferability of shares—while examining the rationale and implications of each under the Companies Act, 2013. It further analyzes the various types of companies recognized under the law, including public and private companies, one person companies, government and foreign companies, and those limited by shares, guarantee, or unlimited liability. Special emphasis is placed on the legislative intent behind such classification, the evolving role of one person and small companies, and their significance in promoting entrepreneurship and ease of doing business in India.

By integrating statutory provisions, judicial interpretations, and doctrinal principles, this study provides a holistic understanding of the modern corporate structure in India. The paper concludes that the Companies Act, 2013 establishes a dynamic, adaptable framework that aligns with global corporate standards while catering to India’s socio-economic context, thereby reinforcing the foundational role of companies as engines of economic growth and development.

Keywords: Companies Act 2013, Company Characteristics, Limited Liability, Corporate Personality.

JURISDICTIONAL CLARITY AND INTERIM RELIEF: ASSESSING EFFECTIVENESS OF RECENT AMENDMNETS TO NEGOTIABLE INSTRUMENTS ACT, 1881

AUTHOR – MOHAMMAD ANAS, RESEARCH SCHOLAR (LAW) AT ALIGARH MUSLIM UNIVERSITY

BEST CITATION – MOHAMMAD ANAS, JURISDICTIONAL CLARITY AND INTERIM RELIEF: ASSESSING EFFECTIVENESS OF RECENT AMENDMNETS TO NEGOTIABLE INSTRUMENTS ACT, 1881, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 298-314, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The pendency of cheque dishonor litigation under Section 138 of the Negotiable Instruments Act, 1881 (the ‘NI Act’) has emerged as one of the most significant challenges for India’s judicial system. An Expert Committee was constituted as per the directions of the Hon’ble Supreme Court in Expeditious Trial of Cases Under Section 138 of NI Act, 1881, In re^[1] in November 2021, for the purpose of giving suggestions to tackle the pendency of cheque bounce cases, and the pendency in each State. When the report was submitted, among other things, it was brought to the notice of the Supreme Court that within the period of 5 months, from November 2021 to April 2022, the pendency of cheque dishonour cases increased from 26,07,166 to 33,44,290, marking an increase of 7,37,124 cases.

These figures indicate that cheque dishonour cases are not just a marginal problem but a systematic problem. They undermine judicial efficiency and erode commercial certainty. Who can be blamed for this mammoth of pendency—the legal framework, the lagging litigation system, or the judicial system?

Reasons could be the legal framework lagging behind the jurisdiction clarity, which was made more confusing by the various judgments of the high courts and the Supreme Court. As there was no jurisdictional clarity as to where to file the cases, this confusion facilitated the increase in forum shopping by enabling the complainants to institute proceedings across multiple forums.

Judgments like Dashrath Rupsingh Rathod v. State of Maharashtra^[2], tried to settle the issue of forum shopping by strictly interpreting the cause of action, and giving jurisdiction to the place where the cheque was dishonoured, meaning the place from where the bank of the payee informs about the cheque bounce. But still, it did not solve the issue of jurisdiction, and was sort of unjust to an accused who may be forced to travel more in case the complaint is filed far away from his place.

The Negotiable Instruments (Amendment) Act, 2015 (‘2015 Amendment Act’) has tried to resolve this issue by dividing the cheque into two categories. According to the newly amended Section 142^[3] of the NI Act, in case of an ‘account payee cheque’, the payee’s branch will have jurisdiction, and if it is ‘otherwise than an account payee cheque’, the drawer’s bank branch will have jurisdiction.

On the other hand, there was another issue—the lack of interim relief mechanisms. Many representations were received before the Parliament from the public, including trading community, about the increasing pendency of cheque dishonor cases, and the delayed tactics employed by unscrupulous drawers. They filed appeals, obtained stays, and used techniques to prolong litigation and this denied timely justice to payees. The Negotiable Instruments (Amendment) Act, 2018 (‘2018 Amendment Act) was enacted to introduce Sections 143A and 148 to provide interim reliefs at trial and appeals stage.

The discussion, therefore, seeks to assess whether the combined effect of legislative reform and judicial interpretation has been sufficient to restore confidence in the cheque as a reliable instrument of commerce. It also aims to identify the practical challenges that continue to affect the expeditious resolution of cheque dishonour cases.

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[1] Expeditious Trial of Cases Under Section 138 of NI Act, 1881, In re14, 2022 SCC OnLine SC 649.

[2] Dashrath Rupsingh Rathod v. State of Maharashtra, 2014 11 S.C.R. 921.

[3] Section 142, The Negotiable Instruments Act, 1881.

AN EMPIRICAL STUDY ON CYBER CRIME, CYBERSECURITY AWARENESS, AND PREVENTIVE TECHNIQUES AMONG INTERNET USERS

AUTHOR – MOHAMED JAMEER ALI H, LLM [CRIMINAL LAW] STUDENT, CRESCENT SCHOOL OF LAW, B.S. ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, CHENNAI

BEST CITATION – MOHAMED JAMEER ALI H, AN EMPIRICAL STUDY ON CYBER CRIME, CYBERSECURITY AWARENESS, AND PREVENTIVE TECHNIQUES AMONG INTERNET USERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 287-297, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

The emergence of technology has given women the chance to discover their strengths and expand their abilities. As rapid modernisation occurs globally, the internet has integrated into our everyday routines. It is an effective means of communication. Nonetheless, as reliance on cyberspace grows, so too have internet crimes targeting women. Women globally have faced various forms of harassment for many years now. With the rise of technology and digitalisation, individuals can connect online with anyone, at any time, and from anywhere in the world. Cybercrime has become one of the outcomes of this modernisation. Digital platforms are frequently utilised to intimidate and mistreat women for the sake of voyeuristic enjoyment. A primary reason for its occurrence is that over fifty per cent of online users lack a complete understanding of how online platforms like WhatsApp, Skype, Facebook, etc., operate. Users receive very little sufficient training and education. Additionally, a lack of understanding regarding technological progress has paved the way for these atrocious acts. Women are frequently victims of cyber stalking, cyber pornography, impersonation, and other related crimes. Victims often place their trust in the perpetrator and reveal private data or information, leading to countless cybercrimes occurring each day. Owing to the fear of being defamed in society and insufficient evidence, pinpointing the source of the crime becomes quite challenging. Cybercrime has evolved into a notion where most victims are women who have succumbed to technological allure. A sharp rise in cybercrime rates has been noted in various nations, with the main focus consistently being on the safety of women. India ranks among.

ARBITRATION VS LITIGATION: EMERGING TRENDS IN COMMERCIAL DISPUTE RESOLUTION IN INDIA

AUTHOR – DURGESH KUMAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – DURGESH KUMAR, ARBITRATION VS LITIGATION: EMERGING TRENDS IN COMMERCIAL DISPUTE RESOLUTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 282-286, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In an era marked by rapid economic growth and globalization, India’s commercial dispute resolution mechanisms have come under intense scrutiny. Arbitration and litigation — the two primary dispute resolution frameworks — have evolved considerably over recent years. This article provides an in-depth analysis of arbitration and litigation in India’s commercial context, exploring historical backgrounds, recent legislative reforms, significant judicial pronouncements from 2025, emerging trends, and practical considerations for businesses. The paper also examines the integration of technology and the growing role of mediation, positioning these developments within the framework of India’s expanding global economic engagements. The objective is to provide a comprehensive, original, and nuanced perspective on how India is shaping the future of commercial dispute resolution amidst both challenges and opportunities.

Keywords: Arbitration in India, Arbitration vs. Litigation, Arbitration and Conciliation Act, Commercial Dispute, Enforcement of arbitral awards

THE EVOLVING IDEA OF BELONGING: A CRITICAL ANALYSIS OF CITIZENSHIP LAWS IN GLOBAL AND INDIAN CONTEXTS

AUTHOR – PRIYANSHU KUMAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – PRIYANSHU KUMAR, THE EVOLVING IDEA OF BELONGING: A CRITICAL ANALYSIS OF CITIZENSHIP LAWS IN GLOBAL AND INDIAN CONTEXTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 274-281, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

​Citizenship, the fundamental “right to have rights”, is undergoing a profound global re-examination, caught between traditions of jus soli (right of soil) and jus sanguinis (right of blood) and the modern tensions of globalization and national security. This article provides a critical analysis of the evolution of citizenship law in India, arguing that its foundational, inclusive jus soli framework has been “significantly altered” by decades of political, demographic, and judicial pressures, moving toward a more “complex, contested, and restrictive framework”.

​The analysis traces this legal and ideological lineage, demonstrating how the unique political history of Assam has become the primary driver of national citizenship jurisprudence. The article examines a series of interconnected developments, beginning with the Supreme Court’s “watershed” Sarbananda Sonowal (2005) judgment, which re-centered the “burden of proof” and framed large-scale illegal migration as a form of “external aggression”. This decision created the “judicial mandate” for the National Register of Citizens (NRC) in Assam, a process that culminated in the exclusion of 1.9 million people and a “massive crisis of statelessness”.

​The article then analyzes the “fundamental ideological shift” signaled by the Citizenship (Amendment) Act, 2019 (CAA), which introduced religion as an explicit criterion for naturalization for the first time and faces constitutional challenges for allegedly violating Article 14 and the basic structure of secularism. This is contrasted with the Supreme Court’s recent 2024 validation of Section 6A of the Citizenship Act, which upheld the Assam-specific cut-off dates as a “legislative solution” to a unique “political problem”. Finally, the article incorporates the 2025 Rofiqul Hoque ruling, which affirmed the supremacy of judicial declarations by Foreigners Tribunals over administrative inclusions in the NRC.

​The article concludes that this evolution has resulted in a “fragmented and deeply uncertain” legal landscape, caught in a “fundamental conflict” between region-specific compromises and a new, national-level ideological debate on religious identity and belonging..

Keywords: Indian Citizenship Law, Citizenship (Amendment) Act (CAA), 2019, National Register of Citizens (NRC), Assam Accord, Section 6A, Sarbananda Sonowal v. Union of India, Jus Soli, Jus Sanguinis

ONLINE HARRASMENT AND LEGAL GAPS IN DIGITAL PROTECTION

AUTHOR – SHAIK KHAJA GHAREEBAN NAWAZ S, LLM[CRIMINAL LAW] STUDENT AT CRESCENT SCHOOL OF LAW, B.S.ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, VANDALUR ,CHENNAI.

BEST CITATION – SHAIK KHAJA GHAREEBAN NAWAZ S, ONLINE HARRASMENT AND LEGAL GAPS IN DIGITAL PROTECTION, THE UNITED KINGDOM, AND THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 268-273, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In the digital age, social media, online forums, and instant messaging platforms have revolutionized communication, offering unprecedented opportunities for connection and expression. However, this same digital landscape has also become a breeding ground for online harassment—ranging from cyberbullying and stalking to doxxing and hate speech. Victims often face emotional distress, reputational harm, and even physical threats as harassment transcends the boundaries of the virtual world.