Author: PRASANNASRI26092001

DOWRY RELATED CRIMES IN INDIA: A CRIMINAL LAW ANALYSIS UNDER THE  BHARITYA NYAYA SANHITA (BNS)

AUTHOR – S.ISHANA ELIZABETH* & MR. V. MAHALINGAM**

* STUDENT AT SCHOOL OF LAW, S.R.M. UNIVERSITY, CHENNAI, INDIA

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, S.R.M. UNIVERSITY, CHENNAI, INDIA

BEST CITATION – S.ISHANA ELIZABETH & MR. V. MAHALINGAM, DOWRY RELATED CRIMES IN INDIA: A CRIMINAL LAW ANALYSIS UNDER THE  BHARITYA NYAYA SANHITA (BNS), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 910-914, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Dowry-related crimes continue to be a deep-rooted social and legal issue in India, reflecting the complex intersection of patriarchal customs and legal enforcement. Despite the existence of targeted legislation such as the Dowry Prohibition Act, 1961, and specific provisions in the Indian Penal Code (IPC), including Sections 498A and 304B, dowry-related violence and deaths remain alarmingly prevalent. With the recent introduction of the Bharatiya Nyaya Sanhita (BNS), 2023—replacing the IPC—this article revisits the criminal law response to dowry crimes in contemporary India.

The paper explores the evolution of anti-dowry legislation and assesses how effectively these laws have been implemented. It includes an analysis of high profile cases such as State of Tamil Nadu v. Satheeswar & Ors. (Preeti Dowry Death Case, 2025) and State of Tamil Nadu v. Kavinkumar & Ors. (Rithanya Dowry Death Case, 2025). It also addresses critical issues such as the misuse of Section 498A, challenges in evidence collection, delays in prosecution, and the socio-legal impact on victims and their families.

WHITE COLLAR CRIMES: A CRITICAL EXAMINATION OF THE LEGAL FRAMEWORK AND ENFORCEMENT CHALLENGES

AUTHOR – MR. HARSH MEHROTRA* & MR. V. MAHALINGAM**
* STUDENT AT SCHOOL OF LAW, S.R.M. UNIVERSITY, CHENNAI, INDIA
** ASSISTANT PROFESSOR AT SCHOOL OF LAW, S.R.M. UNIVERSITY, CHENNAI, INDIA

BEST CITATION – MR. HARSH MEHROTRA & MR. V. MAHALINGAM, WHITE COLLAR CRIMES: A CRITICAL EXAMINATION OF THE LEGAL FRAMEWORK AND ENFORCEMENT CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 897-909, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Nowadays, White-collar crimes have emerged as global issues that hurt investors, businesses, and consumers. White-collar crimes increasingly define the darker undercurrents of contemporary economic and legal systems. The term was coined by Edwin Sutherland in 1939, and it means the offenses committed by individuals of high status and trust, who exploit institutional mechanisms for personal or corporate gain. White-collar offenses, in contrast to traditional blue-collar crimes, thrive on the deception, concealment, and manipulation of financial or informational systems. These offenses include insider trading, corporate fraud, money laundering, cybercrime, and corruption. Even though if these crimes are not violent in nature, they harm the integrity of legal and regulatory systems, erode public trust, and destabilize economies. This paper provides a thorough and critical examination of the laws and regulations governing white-collar crimes in India. It looks into how the existing laws, including the Bharatiya Nyaya Sanhita^[1], Prevention of Corruption Act^[2], the Companies Act^[3], the Information Technology Act^[4], the Prevention of Money Laundering Act^[5], and the Securities and Exchange Board of India Act^[6]. In addition, it assesses the operations of enforcement agencies and other specialized bodies that are responsible for the prosecution and investigation of white-collar crimes. The discussion encompasses the judicial interpretation of economic offenses. Further, this paper outlines significant institutional and procedural weaknesses that hinder the efficient regulation of economic offenses, through case studies, statutory analysis, and current enforcement challenges. It recommends a comprehensive reform that includes the enhancement of inter-agency coordination, and the strengthening of technological and forensic capabilities. Final, the paper posits that the prevention of white-collar crimes isn’t just a matter of penal enforcement, but also of ethical governance and societal trust, which are essential for the protection of the transparency and resilience of India’s legal and economic framework.

Keywords

White-collar crime, fraud, Money laundering, Economic offenses, corporate fraud, Insider trading, fraudulent practices.

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[1] The Bharatiya Nyaya Sanhita, 2023, No. 45, India Code, 2023 (India).

[2] The Prevention of Corruption Act, 1988, No. 49, India Code, 1988 (India).

[3] The Companies Act, 2013, No. 18, India Code, 2013 (India).

[4] The Information Technology Act, 2000, No. 21, India Code, 2000 (India).

[5] The Prevention of Money Laundering Act, 2002, No. 15, India Code, 2002 (India).

[6] The Securities and Exchange Board of India Act, 1992, No. 15, India Code, 1992 (India).

TRIALS IN ABSENTIA UNDER BNSS: BALANCING PROSECUTION EFFICIENCY AND THE ACCUSED’S RIGHT TO A FAIR TRIAL

AUTHORS – HABEETHA SAI.T* & MS.T. VAISHALI

* STUDENT AT SCHOOL OF EXCELLENCE IN EAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY EMAIL

** ASSISTANT PROFESSOR OF LAW, DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY,

BEST CITATION – HABEETHA SAI.T & MS.T. VAISHALI, TRIALS IN ABSENTIA UNDER BNSS: BALANCING PROSECUTION EFFICIENCY AND THE ACCUSED’S RIGHT TO A FAIR TRIAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 887-896, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has introduced several transformative changes to India’s criminal procedure system, including the recognition of trial in absentia for proclaimed offenders. This research critically examines whether the BNSS framework effectively balances the need for swift prosecution with the constitutional guarantee of a fair trial under Article 21 of the Indian Constitution. It explores the safeguards built into the BNSS, compares them with the previous provisions under the CrPC, and assesses their adequacy in protecting the rights of the accused. This paper critically analyzes the legislative framework of BNSS, focusing on Sections 84, 85, 107, and 356, which collectively set out the procedures for proclamation, property attachment, and trials in absentia. Through doctrinal study, judicial precedents, and comparative analysis with foreign jurisdictions, this work evaluates whether BNSS provisions successfully strike a balance between prosecutorial efficiency and the constitutional mandate of fairness in criminal justice

IMPLEMENTATION OF VICTIM COMPENSATION SCHEME IN INDIA: JUDICIAL TRENDS

AUTHOR – HERSHIKA A S* & MS.T. VAISHALI**

* STUDENT AT SCHOOL OF EXCELLENCE IN EAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY EMAIL

** ASSISTANT PROFESSOR OF LAW, DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY,

BEST CITATION – HERSHIKA A S & MS.T. VAISHALI, IMPLEMENTATION OF VICTIM COMPENSATION SCHEME IN INDIA: JUDICIAL TRENDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 873-886, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the evolution, contours, and implementation of the Victim Compensation Scheme (VCS) in India with a focus on Section 357, 357A–357C of the Code of Criminal Procedure, 1973 (CrPC), constitutional jurisprudence under Articles 21, 14 and 32/226, and special regimes (e.g., the SC/ST Act, POCSO, and acid-attack specific directions). It traces how the Supreme Court’s public law compensation jurisprudence transformed victim relief from a discretionary adjunct to a rights-based entitlement. Through doctrinal analysis of leading judgments and statutory materials, the paper identifies persistent challenges such as inter‑State disparities, delays, and limited victim awareness and proposes a calibrated policy roadmap for uniform, timely, and holistic victim rehabilitation consistent with restorative justice. The Indian criminal process historically emphasized the offender, the detection of crime, trial, and punishment, while the victim’s needs for medical, psychological, and economic rehabilitation often remained peripheral. Over the last four decades, the Supreme Court progressively recognized compensation as a public law remedy for infringement of fundamental rights, most notably the right to life and personal liberty under Article 21. The paper traces this shift from discretionary relief to a rights-based entitlement, examining statutory provisions, the role of Legal Services Authorities, and case law interpretations that have expanded the scope of compensation.

KEYWORDS: Victim compensation scheme, Criminal procedure, Victim rights, Compensation, Constitutional rights

“OPERATIONAL POLLUTION FROM SHIPS: LEGAL INSTRUMENTS AND ENFORCEMENT MECHANISMS”

AUTHOR- JANANI R, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (TNDALU)

BEST CITATION – JANANI R, “OPERATIONAL POLLUTION FROM SHIPS: LEGAL INSTRUMENTS AND ENFORCEMENT MECHANISMS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 862-872, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

          Operational pollution from ships, which results from everyday maritime activities such as emissions, ballast water discharge, sewage, waste disposal, and fuel use, endangers marine ecosystems, coastal populations, and global climate goals.  Operational discharges, unlike unintentional contamination, occur over time and are frequently invisible to authorities.  This paper critically explores the international legal system governing such pollution, with an emphasis on treaties like as MARPOL, UNCLOS, the Ballast Water Management Convention, and related liability regimes.  It also looks at regional and national legal responses, as well as the changing regulatory landscape in India. The study delves into various enforcement strategies, including flag state control, port state inspections, coastal state authority, and developing monitoring and detection technology. Empirical evidence from IMO audits, satellite monitoring, and real-world enforcement operations reveals significant gaps in compliance and capacity, especially in developing countries. The paper identifies systemic challenges including weak flag state oversight, under-resourced port authorities, limited detection infrastructure, jurisdictional ambiguity, and insufficient penalties. Ultimately, it argues for a more integrated and accountable regime to reduce ship-sourced operational pollution and safeguard the marine environment.

KEYWORDS– Operational pollution, international conventions, Flag state, Port state, IMO audits

BOOK REVIEW ON “THE PERSISTENCE OF CASTE: THE KHAIRLANJI MURDERS AND INDIA’S HIDDEN APARTHEID BY ANAND TELTUMBDE

AUTHOR – SANSKRUTI SURYAKANT GAWALI, PARLIAMENTARY AND LEGISLATIVE ASSISTANT TO MEMBER OF PARLIAMENT AND LLM STUDENT AT DES NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – SANSKRUTI SURYAKANT GAWALI, BOOK REVIEW ON “THE PERSISTENCE OF CASTE: THE KHAIRLANJI MURDERS AND INDIA’S HIDDEN APARTHEID BY ANAND TELTUMBDE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 854-861, APIS – 3920 – 0001 & ISSN – 2583-2344

CHAPTER I: INTRODUCTION TO RESEARCH

1. INTRODUCTION

A book review is a critical assessment of a book that goes beyond summary to analyze its themes, arguments, and overall impact. Writing a book review as an academic assignment is crucial because it encourages critical thinking and reflection on how the book contributes to one’s field of study. Through a careful review, a student can evaluate the author’s purpose, methodology, and effectiveness in delivering their message. This particular review focuses on Anand Teltumbde’s seminal work, The Persistence of Caste: The Khairlanji Murders and India’s Hidden Apartheid, a devastating and rigorous analysis of India’s enduring system of hierarchical oppression in the 21st century.

A CRITICAL ANALYSIS OF THE CONCEPT OF PROCLAIMED OFFENDER UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: BALANCING INDIVIDUAL RIGHTS AND THE STATE’S INTEREST IN CRIMINAL JUSTICE ADMINISTRATION

AUTHOR – V. BHAVYAA NACHIAR* & VAISHALI T**

* STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – V. BHAVYAA NACHIAR & VAISHALI T, A CRITICAL ANALYSIS OF THE CONCEPT OF PROCLAIMED OFFENDER UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: BALANCING INDIVIDUAL RIGHTS AND THE STATE’S INTEREST IN CRIMINAL JUSTICE ADMINISTRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 842-853, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), marking a significant reform in India’s criminal justice system. One of the critical areas of change concerns the provisions relating to proclaimed offenders, aimed at addressing the challenge of absconding accused who evade trial and obstruct the administration of justice. While the BNSS retains much of the earlier framework under the CrPC, certain refinements raise important questions about their compatibility with constitutional safeguards and human rights.This research critically examines the concept and procedure of declaring a person as a proclaimed offender under the BNSS, 2023. It explores whether the new provisions successfully balance the State’s obligation to secure justice with the individual’s right to due process and fair trial under Articles 14, 19, and 21 of the Constitution of India. The study further investigates the potential for misuse of proclaimed offender provisions by law enforcement agencies, leading to harassment or deprivation of liberty without sufficient safeguards. Judicial interpretations from leading cases under the CrPC and their continued relevance under the BNSS are analyzed to assess the judiciary’s role in preventing abuse of power.

Employing a doctrinal and comparative methodology, this research also situates Indian law within the broader global framework by examining how proclaimed offender-like mechanisms operate in other jurisdictions such as the United Kingdom and the United States.The study concludes that while the proclaimed offender provisions under BNSS are intended to strengthen criminal justice administration, there remain gaps in terms of procedural safeguards, accountability, and proportionality. The paper suggests reforms to ensure a fair balance between the State’s interest in curbing absconding and the individual’s constitutional rights, thereby promoting a more just and equitable criminal justice framework.

KEYWORDS:Proclaimed Offender,Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),Criminal Justice Administration,Constitutional Rights,Fair Trial.

BEHIND BARS, BEYOND RIGHTS: THE LEGACY OF SHEELA BARSE AND THE REBIRTH OF PRISON JUSTICE IN INDIA

AUTHOR – ADVAITH SRI KRISHNA DATTA MAMIDAN & KAMAL KUMAR MISHRA

STUDENTS AT SYMBIOSIS LAW SCHOOL NOIDA

BEST CITATION – ADVAITH SRI KRISHNA DATTA MAMIDAN & KAMAL KUMAR MISHRA, BEHIND BARS, BEYOND RIGHTS: THE LEGACY OF SHEELA BARSE AND THE REBIRTH OF PRISON JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 836-841, APIS – 3920 – 0001 & ISSN – 2583-2344

FACTS OF THE CASE

Barse had presented her investigation as a journalist and social activist in the national news when, she claimed, the difference in treatment meted out to women prisoners was alarming in India. In her investigations and interviews with women inmates in Bombay’s Central Jail, she found that out of the fifteen women interviewed by her, five had suffered torture, both physical and psychological, at the hands of police officers. To her utter dismay, two of the foreign national detainees alleged that their counsel had fraudulently taken away their jewelry and money under the pretext of legal fees. On this scale of human rights violation, ^[1]Sheela Barse decided to write to the Supreme Court of India, requesting that the Court take some action. The Supreme Court recognized the gravity of custodial violence against women and entertained her letter as a writ petition under Article 32. The Court then took suo motu cognizance of the matter, extending the inquiry regarding legal aid to undertrials, treatment of prisoners, and failure of the system in protecting the fundamental rights of the prisoners.

The Supreme Court then tasked the Director of the College of Social Work, Nirmala Niketan, Bombay, with conducting an independent investigation into the matter. The Director’s report corroborating all the allegations further stated that ^[2]the absence of legal representation for female inmates made their situation vulnerable to custodial abuses, forced confessions, and judicial indifference. The report further stated that many imprisoned lacked legal representation and prolonged detention to be the subjects of a defective justice system. Regarding the findings, ^[3]the report drew attention to the failure of the District and Sessions Judges to conduct the regular prison inspections statutorily required. Also, there were no standard operating procedures for addressing complaints of custodial violence, leaving the inmates without any avenue for redress. Based on this very report, the Supreme Court issued notices to the State of Maharashtra and other authorities for their failure to protect the rights of female prisoners. Considering that the abuse against women in custody was a widespread problem, the Court took cognizance of the case beyond the Bombay Central Jail and thus dealt with broader systemic failures in India’s prison system. As such, this case became a landmark in providing free legal aid to indigent prisoners, implementation of human rights into jails, and laying down standards for the humane treatment of detainees. The case initiated future reforms to ensure that prisoners, especially women, would not be denied their constitutional rights.

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[1] Sheela Barse v State of Maharashtra (1983) 2 SCC 96, para 4

[2] M H Hoskot v State of Maharashtra (1978) 3 SCC 544, para 11

[3] Sunil Batra v Delhi Administration (1980) 3 SCC 488, para 17

BOOK REVIEW ON “KHAKI FILES BY NEERAJ KUMAR”

AUTHOR – ADV. PRATIKSHA PARAS AGARWAL, ADVOCATE AND LLM STUDENT AT DES NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – ADV. PRATIKSHA PARAS AGARWAL, BOOK REVIEW ON “KHAKI FILES BY NEERAJ KUMAR”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 826-835, APIS – 3920 – 0001 & ISSN – 2583-2344

CHAPTER I: INTRODUCTION TO RESEARCH

Introduction

A book review is a critical assessment of a book that goes beyond summary to analyze its themes, arguments, and overall impact. Writing a book review as an academic assignment is crucial because it encourages critical thinking and reflection on how the book contributes to one’s field of study. Through a careful review, a student can evaluate the author’s purpose, methodology, and effectiveness in delivering their message.

DIGITAL SIGNATURES IN THE ERA OF ICT: CHALLENGES IN CRIMINAL LAW ENFORCEMENT

AUTHOR – DHARANI. S, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – DHARANI. S, DIGITAL SIGNATURES IN THE ERA OF ICT: CHALLENGES IN CRIMINAL LAW ENFORCEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 815-821, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the digital age, the use of Information and Communication Technology (ICT) has become deeply embedded in modern governance, business, and personal interactions. Among the key tools enabling secure electronic communication is the digital signature, a cryptographic mechanism that ensures the authenticity, integrity, and non-repudiation of electronic documents and transactions. Digital signatures have been legally recognized in many jurisdictions and are vital to promoting trust in electronic commerce, e-governance, and legal documentation. However, the rise in digital signature usage has been paralleled by a corresponding increase in cybercrime and misuse, presenting significant challenges for criminal law enforcement agencies. The advent of Information and Communication Technology (ICT) has transformed the way individuals, businesses, and governments interact, especially through digital transactions. At the core of this transformation lies the use of digital signatures, which ensure authentication, integrity, and non-repudiation in electronic communications. While digital signatures offer significant advantages in efficiency and security, their misuse poses considerable challenges to criminal law enforcement. These challenges include jurisdictional complexities, evidentiary issues, lack of technical expertise, and regulatory gaps. This paper explores the multifaceted legal and investigative difficulties posed by digital signature-related crimes, evaluates existing legal frameworks, and proposes potential solutions for more effective enforcement.

Keywords: Digital Signatures, Cybercrime, ICT, Criminal Law Enforcement, Public Key Infrastructure, Electronic Evidence, Jurisdiction, Digital Forensics, Legal Frameworks.