Author: PRASANNASRI26092001

CRYPTOCURRENCY EXCHANGES AS “DIGITAL GATEKEEPERS”: NEED FOR A COMPETITION FRAMEWORK UNDER THE COMPETITION ACT, 2002

AUTHOR – PRATYUSH* & MR. KHALEEQ AHMAD**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – PRATYUSH & MR. KHALEEQ AHMAD, CRYPTOCURRENCY EXCHANGES AS “DIGITAL GATEKEEPERS”: NEED FOR A COMPETITION FRAMEWORK UNDER THE COMPETITION ACT, 2002, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 204-213, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid emergence of crypto exchanges in India has revolutionized the digital financial environment. These exchanges serve as the primary intermediaries between users and crypto assets. The rapid growth in trading volume and expansion of exchanges beyond simple trading platforms into wallets, payment gateways, and token issuance, are bestowing “digital gatekeeper” characteristics upon these platforms akin to major tech firms. The issues pertaining to competition law and the growing gatekeeper role, within the Competition Act of 2002 are serious in nature relating primarily to market definition, assessment of dominance, and possible exploitative or exclusionary practices of the firms. Practices such as self- preferencing of token listings, discriminatory access to liquidity, predatory pricing, high switching costs and the exploitation of customer data for a competitive advantage, highlight the problematic nature of crypto markets and necessitate a bespoke competition framework for them.

The existing Indian regulatory landscape is still divided between different authorities-the RBI, SEBI, MeitY, and CCI have competing jurisdictions with no definitive classification of crypto assets as goods, securities or digital commodities. Furthermore, the traditional ex-post competition enforcement framework under the Competition Act 2002, has not fully managed to address innovative practices like algorithmic trading, network effects, rapid market concentration of crypto platforms, and therefore there is an increased emphasis on developing proactive ex-ante frameworks, similar to the EU’s Digital Markets Act or the UK’s Digital Markets Unit.

In this article, a separate competition policy regime for Indian crypto exchanges is suggested which would implement measures like transparency obligations, interoperability mandating, data portability, and stricter merger controls to address the misuse of power by gatekeepers, promote consumer welfare, and maintain an innovative and competitive digital finance sector.

Keywords: Cryptocurrency Exchanges, Digital Gatekeepers, Competition Law, Blockchain Regulation, Competition Act, 2002

THE EVOLUTION OF AIR LAW: COMPARATIVE LEGAL FRAMEWORK GOVERNING UAVS IN INDIA, USA, AND TURKEY

AUTHOR – DEVENDER YADAV* & DR. ANIL DIXIT**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – DEVENDER YADAV & DR. ANIL DIXIT, THE EVOLUTION OF AIR LAW: COMPARATIVE LEGAL FRAMEWORK GOVERNING UAVS IN INDIA, USA, AND TURKEY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 197-203, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Unmanned Aerial Vehicles (UAVs) or drones have been rapidly developed and have revolutionized the modern aviation industry with new possibilities in commerce, surveillance, agriculture, logistics, disaster management, and defensive purposes. Nevertheless, their growing adoption have presented complicated law enforcement issues associated with aircraft sovereignty, privacy, safety, liability, and national security. The conventional air law systems that were developed through the instrumentation of the Chicago Convention, which was aimed at manned aircrafts, has been forced to change to incorporate the autonomous and remotely piloted systems. This paper will be discussing the comparative legal frameworks of UAVs in India, United States and Turkey. It examines regulatory advances, licensing frameworks, operation controls, privacy protection, and enforcement tools that have been embraced in these jurisdictions. The analysis of the differences and similarities between the focus on innovation and security and safety of the people is identified in the study. It proposes that the key to ensuring sustainable development of the drone technology in the domestic and international aviation law is harmonized and adaptive regulations of UAVs.

BIOMETRIC SOVEREIGNTY AND CONSTITUTIONAL BORDERS: THE RIGHT TO PRIVACY AND THE AADHAAR SCHEME IN INDIA

AUTHOR – GOPESH* & DR. UJJWAL KUMAR SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – GOPESH & DR. UJJWAL KUMAR SINGH,BIOMETRIC SOVEREIGNTY AND CONSTITUTIONAL BORDERS: THE RIGHT TO PRIVACY AND THE AADHAAR SCHEME IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 189-196, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In this chapter, the author discusses the constitutional conflict between the Aadhaar scheme in India, the largest biometric identification programme in the world that has registered more than 1.3 billion residents of the country, and the right to privacy as unanimously enshrined by a nine-judge bench of the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1. The chapter uses a doctrinal-analytical approach to trace the constitutional history of informational privacy since the early controversial decisions of M.P. Sharma v. Satish Chandra, (1954) SCR 1077 and Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295, up to the Puttaswamy trilogy and the later statutory developments. This analysis questions the three-fold test of Puttaswamy proportionality – including legality, legitimate aim, and proportionality – against the structural design of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the struck-down Section 57, the disputed classification of money bill, and the progressive expansion of the scheme beyond its original welfare purpose. The chapter also evaluates the Digital Personal Data Protection Act, 2023 as a legislative effort to address the post-Puttaswamy constitutional imperative in India, with key weaknesses in the sensitive data classification, its broad national security exception and the institutional independence of the proposed Data Protection Board. The EU experience under the General Data Protection Regulation and European Court of Human Rights jurisprudence help highlight the disconnect between the constitutional aspirations of India and its current regulatory situation. The chapter ends by making specific legislative reform and independent institutional design recommendations to make sure that Aadhaar is not working outside the constitutional permissible limits.

Keywords: Right to Privacy; Aadhaar; Biometric Data; Informational Privacy; Puttaswamy; DPDP Act 2023; Proportionality; Surveillance State

ROLE OF MENS REA IN CRIMINAL BREACH OF TRUSTAND CRIMINAL MISAPPROPRIATION OF PROPERTY

AUTHOR – MR. PARAS YADAV & MANYA AGGARWAL

* STUDENT AT IILM UNIVERSITY, GREATER NOIDA

** PROFESSOR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – MR. PARAS YADAV & MANYA AGGARWAL, ROLE OF MENS REA IN CRIMINAL BREACH OF TRUSTAND CRIMINAL MISAPPROPRIATION OF PROPERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 184-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The legal maxim ‘Actus non facit reum nisi mens sit rea’, meaning that an act does not make a person guilty unless the mind is also guilty, lies at the very heart of the Indian criminal jurisprudence. Nowhere is this principle more consequential than in the law of property offences, where identical external conduct may constitute either a civil wrong or a criminal act, with the presence or absence of mens rea as the sole determinant.

This paper examines the role of dishonest intention, the operative form of mens rea, in the two cognate offences of Criminal Breach of Trust (CBT) under Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (formerly Section 405 of the Indian Penal Code, 1860) and Criminal Misappropriation of Property (CMP) under Section 314 BNS (formerly Section 403 IPC). Through an analysis of the statutory framework, judicial interpretation, and the distinction between civil liability and criminal culpability, the paper argues that dishonest intention is not merely one ingredient among many but the constitutive element that animates both offences.

THE CONCEPT OF LEGITIMATE EXPECTATION IN ADMINISTRATIVE LAW

AUTHOR – SREE PARVATHAVARTHINI SK, STUDENT AT SCHOOL OF LAW, JUSTICE & GOVERNANCE, GAUTAM BUDDHA UNIVERSITY GREATER NOIDA, UTTAR PRADESH -201312

BEST CITATION – SREE PARVATHAVARTHINI SK, THE CONCEPT OF LEGITIMATE EXPECTATION IN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 178-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The doctrine of legitimate expectation is a significant development in administrative law, serving as a mechanism to control the arbitrary exercise of power by public authorities. It operates as a bridge between fairness and legality by ensuring that individuals are treated in accordance with representations, promises, or established practices of administrative bodies. Though not a legal right in the strict sense, it has evolved into a crucial ground of judicial review. This paper examines the origin, development, scope, and limitations of the doctrine, with particular focus on its application in India and comparative insights from the United Kingdom. It also critically evaluates its effectiveness in ensuring administrative accountability.

Keywords: legitimate expectation, arbitrary, fairness, administrative bodies, judicial review, administrative accountability

BAILMENT UNDER THE INDIAN CONTRACT ACT, 1872: A CRITICAL STUDY OF THE RIGHTS AND DUTIES OF BAILOR AND BAILEE

AUTHOR – HRITIK KUMAR SINGH, STUDENT AT LLOYD LAW COLLEGE (LLC)

BEST CITATION – HRITIK KUMAR SINGH, BAILMENT UNDER THE INDIAN CONTRACT ACT, 1872: A CRITICAL STUDY OF THE RIGHTS AND DUTIES OF BAILOR AND BAILEE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 168-177, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Bailment is a cornerstone of the Indian law of contract, governing the temporary transfer of possession of movable goods without any corresponding transfer of ownership. Codified under Sections 148 through 181 of the Indian Contract Act, 1872, the doctrine imposes reciprocal rights and duties on the bailor (the person delivering the goods) and the bailee (the person receiving them) to ensure fair dealing and reasonable custody. This paper undertakes a doctrinal examination of the statutory provisions governing bailment, analyses the standard of care expected of the bailee, evaluates the judicial interpretation of bailment through landmark Indian case law, and offers a comparative perspective drawing on English and American common law. The study further assesses the continuing relevance of nineteenth-century bailment provisions to modern commercial activities including transportation, warehousing, logistics, and digital-era service relationships. The analysis concludes that while the statutory framework remains fundamentally sound, evolving commercial practices demand a more nuanced judicial approach to issues such as limitation-of-liability clauses, non-contractual bailment, and the interplay between bailment, tort, and contract.

Keywords—Bailment, bailor, bailee, Indian Contract Act, possession of goods, standard of care, lien, quasi-contract, comparative law, unjust enrichment

EFFECTIVENESS OF THE INFORMATION TECHNOLOGY ACT, 2000 IN ADDRESSING ONLINE SEXUAL HARASSMENT: A CRITICAL STUDY

AUTHOR – SAMYA SINGH* & DR. AISHWARYA SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – SAMYA SINGH & DR. AISHWARYA SINGH, EFFECTIVENESS OF THE INFORMATION TECHNOLOGY ACT, 2000 IN ADDRESSING ONLINE SEXUAL HARASSMENT: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 162-167, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid expansion of digital communication platforms has led to a parallel rise in online sexual harassment, posing serious challenges to individual dignity, privacy, and safety. In India, the Information Technology Act, 2000 (IT Act) serves as the primary legislation governing cyber activities. However, its effectiveness in addressing online sexual harassment remains debatable. This paper critically examines the adequacy of the IT Act in dealing with various forms of cyber sexual harassment, including cyberstalking, trolling, non-consensual sharing of intimate images, and online abuse. It explores the interplay between the IT Act and provisions of the Indian Penal Code, evaluates judicial responses, and highlights enforcement challenges. The study further identifies legislative gaps, particularly in addressing emerging technologies and gender-specific harms. By analysing legal, institutional, and societal limitations, the paper argues for a more comprehensive and victim-centric legal framework to effectively combat online sexual harassment in India.

GREEN TECHNOLOGY: A PATH TOWARDS ENVIRONMENTAL SUSTAINABILITY

A LEGAL, CONSTITUTIONAL AND COMPARATIVE ANALYSIS

AUTHOR – SHRUTI SINGH* & BABITA SINGH PARASAIN**

* STUDENT AT IILM UNIVERSITY GREATER NOIDA

** ASSISTANT PROFESSOR, IILM UNIVERSITY GREATER NOIDA

BEST CITATION – SHRUTI SINGH & BABITA SINGH PARASAIN,GREEN TECHNOLOGY: A PATH TOWARDS ENVIRONMENTAL SUSTAINABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I917

Abstract

There has never been a more pressing need to integrate technology, law, and environmental responsibility. This article explores green technology as a multifaceted tool of environmental sustainability, examining its constitutional foundations in the Indian legal system, significant court rulings that have influenced the development of environmental jurisprudence, and international policy responses from major economies like Germany, China, and the European Union. This article makes the case that green technology is a constitutional need rather than just a policy choice by referencing key Supreme Court and High Court rulings, current legislative frameworks, and constitutional requirements. It also examines comparative national models, highlights major obstacles to its acceptance, and analyses new trends that point to a new age in the relationship between law, technology, and the environment. Specifically, we look at the landmark Supreme Court decision in M.K. Ranjitsinh v. Union of India, which came down in 2024 and established, as a basic right under Articles 14 and 21, the right to be free from the adverse effects of climate change.

Keywords: Renewable Energy, Climate Change, Constitutional Law, Article 21, Green Technology, Environmental Sustainability, and Environmental Jurisprudence.

INSTITUTIONAL PROBLEMS AND PROTECTION OF REFUGEES: MEASURING UNHCR PERFORMANCE

AUTHOR – RAKSHA RAWAT* & MR. KHALEEQ AHMED**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – RAKSHA RAWAT & MR. KHALEEQ AHMED,INSTITUTIONAL PROBLEMS AND PROTECTION OF REFUGEES: MEASURING UNHCR PERFORMANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 143-148, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The refugee dilemma of the world has become so much more severe over the last several decades due to military conflicts and political instability, environmental catastrophes, as well as the violation of human rights. The United Nations high commissioner of refugees (UNHCR) is at the centre of ensuring the safety of refugees and ensuring that the international law of refugees is in fact observed, particularly the 1951 Refugee Convention and the 1967 Protocol. Although its role is vital, the organization continues to grapple with several structural and operational challenges that have a negative impact on its performance. Such issues involve scarcity of financial resources, the political restrictions of sovereign states, imbalanced burden-sharing among nations and the increased populations that are in the displacement all around the globe. This article discusses institutional weaknesses UNHCR experiences and how it has been fair to uphold the rights of refugees. It also examines the issue of whether the existing system in global governance of refugees assist the UNHCR to carry out its mandate and offers reforms that could enhance the global cooperation and increase the organizational capacity of the agency.

SHOULD INDIA REINTRODUCE THE JURY SYSTEM? A COMPARATIVE STUDY WITH THE UNITED STATES AND THE UNITED KINGDOM

AUTHOR – VIRAJ MALVIYA, STUDENT AT RASHTRIYA RAKSHA UNIVERSITY

BEST CITATION – VIRAJ MALVIYA, SHOULD INDIA REINTRODUCE THE JURY SYSTEM? A COMPARATIVE STUDY WITH THE UNITED STATES AND THE UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 132-142, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I915

Abstract

It is a legal process where a group of people (jurors) are sworn to hear trial, see the evidence and determine facts and give the verdict or decision. The jury will find whether a person is guilty / not guilty or liable / not liable. The jury system is designed to ensure the honesty of judges (who explain the law). The jurors will vote for the decision whether a person is guilty or not.

The jury system is abolished by India following the landmark judgment or decision in the case of K.M.NANAVATI v/s STATE OF MAHARASHTRA^[1]. This research paper examines a comparative and detailed study of the jury system in India, United States, United Kingdom. With the help of comparative analysis, the study evaluates the compatibility of Jury trials with Article 21 of the Indian Constitution^[2]. This study also talks about the reason for abolition of Jury system; it also includes the analysis why jury trials are important to democracy of United states and United Kingdom.

The research paper examines that the Jury system make the democratic values best and safeguarding the authority of courts but in India, they face structural, social, and operational difficulty which change the whole scenario from United States and United Kingdom. In this research paper it also examines that how jury trials works in United States which protects the jury rights for trials under the Sixth Amendment^[3]. In United Kingdom, the jury trials continue in serious offences under Crown Court proceedings.

The research paper evaluates that the Jury system will be transparent for the public of India, but India needs a well-controlled system alteration or modification because of its unique social-legal structure. This paper examines that to reintroduce the Jury trials in India, it requires small steps with full institutional support to do complete restoration and to create a new Jury system.

Keywords- Jury System, Comparative Criminal Justice, Trial by Jury, Article 21 of the Indian Constitution, Fair Trial, Participatory Justice, K. M. Nanavati v. State of Maharashtra, Sixth Amendment, Crown Court Jury Trials, Criminal Justice System Reform

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[1] K.M. Nanavati v. State of Maharashtra, A.I.R. 1962 S.C. 605 (India).

[2] INDIA CONST. art. 21.

[3] U.S. CONST. amend. VI.