Author: PRASANNASRI26092001

EMPOWERING MARGINALIZED VOICES: BALANCING HATE SPEECH REGULATION WITH FREE EXPRESSION FOR VULNERABLE COMMUNITIES IN INDIA’S DIGITAL ECOSYSTEM

AUTHOR – SHOBHIT BANSAL, DEPARTMENT OF LAW, CHISHTI LANGUAGE UNIVERSITY, LUCKNOW, INDIA. EMAIL- SHOBHITEXAMLKO@GMAIL.COM

BEST CITATION – SHOBHIT BANSAL, EMPOWERING MARGINALIZED VOICES: BALANCING HATE SPEECH REGULATION WITH FREE EXPRESSION FOR VULNERABLE COMMUNITIES IN INDIA’S DIGITAL ECOSYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 506-512, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines the complex intersection of hate speech regulation and free expression in India’s expanding digital ecosystem, with particular focus on marginalized communities. Through analysis of existing regulatory frameworks, legal precedents, and socio-cultural contexts, this research illuminates the challenges faced by vulnerable populations in exercising their right to expression while being protected from harmful content. The study employs a qualitative approach, examining case studies and policy implementations to evaluate their effectiveness. Findings suggest that current regulatory mechanisms often fail to adequately protect marginalized voices while simultaneously limiting legitimate expression from these communities. The paper proposes a balanced framework that centers vulnerable populations in policy development, advocates for contextual understanding of hate speech, and emphasizes community participation in content moderation processes. This research contributes to ongoing discourse on digital rights in India by highlighting the need for nuanced approaches that both combat hate speech and preserve free expression for those most vulnerable to silencing.

Keywords: Digital Rights, Hate Speech Regulation, Free Expression, Marginalized Communities, India, Content Moderation

PRACTICAL IMPACT AND CHALLENGES OF ELECTRONIC EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM IN 2025: A STUDY

AUTHOR – VIJAYKUMAR METI, LAW STUDENT AT SMT BASAMMA GURULINGAPPA LAW COLLEGE, LINGASUGUR, KARNATAKA.

BEST CITATION – VIJAYKUMAR METI, PRACTICAL IMPACT AND CHALLENGES OF ELECTRONIC EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM IN 2025: A STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 492-505, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Bharatiya Sakshya Adhiniyam (BSA), effective July 1, 2024, redefines electronic evidence as primary evidence, aiming to modernize India’s criminal justice system. This study evaluates its practical impact nine months post-implementation, in March 2025, through a mixed-method analysis of case studies, court statistics, and judicial trends. Findings reveal a dual reality: urban courts, leveraging robust infrastructure, demonstrate faster case resolutions (10-15% reduction in disposal time), higher cybercrime conviction rates (15-20%), and victim empowerment via online evidence submission, aligning with e-Courts Phase III goals. Conversely, rural courts face significant hurdles— infrastructure gaps (e.g., limited scanners), training deficiencies, authenticity risks (e.g., tampered videos), and an urban-rural adoption divide (40% vs. 10% case reliance)—exacerbating judicial inequities and initial backlogs. While the BSA enhances judicial clarity with 2025 precedents, its nationwide success is constrained by systemic disparities. Recommendations include rural digital infrastructure investment, expanded forensic training, AI authenticity tools, and ongoing trend monitoring for amendments. This paper underscores that the BSA’s transformative potential hinges on bridging India’s digital divide, offering insights into its early legacy and future trajectory in delivering equitable digital justice.

Keywords: Electronic Evidence, Bharatiya Sakshya Adhiniyam, Digital Justice, Cybercrime, Urban-Rural Divide, Judicial Efficiency, Evidence Admissibility, Digital Infrastructure, Forensic Training

TRANSFORMATION OF IPC INTO BNS: UNENDING COLONIAL LEGACY

AUTHOR – S. SAKTHI DEEPTHIKA, STUDENT AT AMITY UNIVERSITY, NOIDA.

BEST CITATION – S. SAKTHI DEEPTHIKA, TRANSFORMATION OF IPC INTO BNS: UNENDING COLONIAL LEGACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 482-491, APIS – 3920 – 0001 & ISSN – 2583-2344

INTODUCTION:

The transformation of the Indian Penal Code (IPC) into the Bharatiya Nyaya Sanhita (BNS) not only serves as a legal reform but also symbolizes the ongoing decolonization of India’s legal framework. The IPC, drafted in 1860 during British colonial rule, prioritized the interests of the colonial government, focusing heavily on state authority and suppressing dissent. Even after India achieved political independence in 1947, the IPC remained a fundamental element of the nation’s criminal justice system for many years. However, as India evolved into a democratic republic, the pressing need for a modernized and reformed criminal justice system became increasingly evident. The Bharatiya Nyaya Sanhita (BNS), introduced in 2023, is viewed as a significant step towards decolonizing India’s criminal legislation by providing a new framework that aligns with the country’s constitutional principles, democratic values, and current societal needs. While the shift from the IPC to the BNS signifies a notable break from colonial traditions, it simultaneously underscores how the remnants of colonialism continue to influence India’s criminal justice system. Despite numerous amendments, the IPC still embodied various colonial ideologies, particularly an emphasis on state authority, the curtailment of political dissent, and the adoption of punitive measures to regulate society. In contrast, the BNS seeks to redefine criminal law by focusing on victim-centered justice, human rights, and procedural improvements, moving away from the state-centric approach upheld by the IPC. Nevertheless, this transition is not entirely devoid of the lingering effects of the colonial period, and some concepts and legislations within the BNS still reflect its predecessor. This ongoing tension between reform and heritage raises the question of whether the BNS can truly sever ties with the colonial past or if this transformation remains an incomplete endeavor in legal decolonization. This essay analyzes the shift from the IPC to the BNS, with a specific focus on efforts to decolonize the legal system, the persistent impacts of colonial legacies, and the significant challenges India faces in establishing a contemporary and democratic criminal justice framework. The discussion will delve into the complex factors shaping the current legal reform movement in postcolonial India by examining the historical context of the IPC, the motivations behind the introduction of the BNS, and the implications of this transformation.

MEASURING THE EFFICACY OF LENIENCY PROGRAMME IN INDIA: A COMPARATIVE ANALYSIS

AUTHOR – MR. UMANG GHILDYAL* & DR. SANGEETA TAAK**

* RESEARCH SCHOLAR, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

** ASSISTANT PROFESSOR, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – MR. UMANG GHILDYAL & DR. SANGEETA TAAK, MEASURING THE EFFICACY OF LENIENCY PROGRAMME IN INDIA: A COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 475-481, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Cartels are the supreme evil of antitrust. Cartels discourage competition in the market and harms the interests of the consumers. Cartoons hurt the freedom of trade carried on by market participants and transfer consumer surplus illegally from the consumers to the cartel participants. Well run leniency programmemes have the potential to detect and punish the cartel and its members through a carrot and stick approach varun cartel participants when they become leniency applicants are incentivised by lesser penalty in comparison to other cartel members. Cooperation by the leniency applicant during the investigative process and legal certainty for reduction of penalty are the pillars on which leniency programmes are run. Lesser penalty becomes appealing only when there is severity of sanctions and the identity and information provided by the leniency applicant is kept confidential. The authors will analyse these parameters and compare Indian legal position with that of more mature competition jurisdictions such as USA and EU.

Keywords: Cartel, leniency, CCI, DOJ

LEGAL FOUNDATIONS OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE: A STUDY WITH SPECIAL REFERENCE TO FINGERPRINT AND DNA EVIDENCE IN INDIA

AUTHOR – ISHAN SHARMA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – ISHAN SHARMA, LEGAL FOUNDATIONS OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE: A STUDY WITH SPECIAL REFERENCE TO FINGERPRINT AND DNA EVIDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 473-474, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Forensic evidence plays a vital role in the contemporary criminal justice system by improving the accuracy of investigations, identifying perpetrators, and ensuring fair outcomes. In India, the legal framework for forensic tools like fingerprint and DNA analysis is shaped by statutory laws, judicial decisions, and procedural safeguards. This paper investigates the regulatory framework governing such evidence in India, focusing on its admissibility and procedural rules.

NECROPHILIA: A FORENSIC AND CONSTITUTIONAL ANALYSIS OF A TABOO DISORDER

AUTHOR – HARSHA SINGH, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – HARSHA SINGH, NECROPHILIA: A FORENSIC AND CONSTITUTIONAL ANALYSIS OF A TABOO DISORDER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 468-472, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper explores necrophilia, a rare and extreme paraphilic disorder characterized by an individual’s sexual attraction to or engagement with corpses. The study primarily focuses on the psychological aspects of necrophilia, including the underlying causes and mental health implications associated with this behavior. In addition to the psychological perspective, the paper also examines the legal dimensions of necrophilia, reviewing relevant international laws, judicial interpretations, and significant case laws from various jurisdictions. Furthermore, it analyzes the constitutional context, particularly in relation to the right to die with dignity, and considers how this right intersects with issues arising from necrophilic acts. Through this multidimensional approach, the paper aims to provide a comprehensive understanding of necrophilia from both legal and psychological standpoints.

COMPETITIVE ISSUES IN RENEWABLE ENERGY MARKET

AUTHOR – SAUMYA SHUKLA, STUDENT AT GALGOTIAS UNIVERSITY

BEST CITATION – SAUMYA SHUKLA, COMPETITIVE ISSUES IN RENEWABLE ENERGY MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 460-467, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Renewable energy is not just an environmental imperative but a strategic lever for nations to strengthen their global position and emerge as a sustainable global economy. The global crises of depleting fossil fuels and natural resources has pointed towards shift to renewable sources. The Renewable energy sector which was a Government owned sector has been reformed to offer a level playing field in order to invite competition in the sector.The report aims to determine the renewable energy sector through the competitive lens.The concept of renewable energy offers better quality and efficient set up of energy generation that raises a competition in the sector.The private sectors are playing vital role in transformation, innovation, scaling manufacturing and building infrastructure for the energy needs and hence the main objective of the report is to identify the barriers that occur in the entry of such players in the market.The dominance of different existing players along with the dependence of the sector on such players has been identified through the report.The report hence determines the issues of competition in the sector by analyzing the provisions , guidelines and sectoral framework on both state and central level to ensure”fair competition for the greater good.”Keywords: Renewable energy, imperfect competition, barriers, market players

MARATHA RESERVATION AND THE CONSTITUTION: NAVIGATING THE LINE BETWEEN EQUITY AND POLITICS

AUTHOR – JAGDISH WAMANRAO KHOBRAGADE* & ANUJ KHANDARE**

* ASSISTANT PROFESSOR OF LAW AT MAHARASHTRA NATIONAL LAW UNIVERSITY NAGPUR

** ADVOCATE, SUPREME COURT OF INDIA

BEST CITATION – JAGDISH WAMANRAO KHOBRAGADE & ANUJ KHANDARE, MARATHA RESERVATION AND THE CONSTITUTION: NAVIGATING THE LINE BETWEEN EQUITY AND POLITICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 455-459, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The recent enactment of the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024, which grants a 10 percent reservation to the Maratha community in government jobs and educational institutions, has once again brought the contentious issue of caste-based reservations to the forefront of legal and political discourse in India. This legislation, supported by the Maharashtra Backward Class Commission seeks to address perceived socio-economic disadvantages within the Maratha community. However, it directly challenges the constitutional framework established by the Supreme Court in Jaishri Laxmanrao Patil v. State of Maharashtra (2021), where the Maratha quota was invalidated for breaching the 50 percent reservation cap laid down in the landmark judgment of Indra Sawhney v. Union of India (1992). This paper provides a comprehensive analysis of the historical evolution of Maratha reservations, the constitutional limitations imposed by judicial precedents, and the implications of recent constitutional amendments, including the 102nd and 103rd Amendments. Further, it critically evaluates the political motivations behind extending reservations to socially and educationally progressive but electorally significant communities such as the Marathas, assessing the tension between the principles of social justice and equality of opportunity enshrined in Articles 15 and 16 of the Indian Constitution. The study underscores the need for a nuanced and data-driven approach to affirmative action, ensuring that reservation policies serve their original purpose of uplifting historically marginalized groups without compromising constitutional safeguards or diluting the ethos of social equity..
Keywords: Maratha Reservation, Constitutional Validity, Fundamental Rights.

CASE ANALYSIS OF THE NAINA SAHNI (TANDOOR MURDER) CASE, 1995: FORENSIC AND LEGAL DIMENSIONS

AUTHOR – MONALISHA ARUMUGAM, LLM STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – MONALISHA ARUMUGAM, CASE ANALYSIS OF THE NAINA SAHNI (TANDOOR MURDER) CASE, 1995: FORENSIC AND LEGAL DIMENSIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 305-313, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Naina Sahni v. State (Tandoor Murder Case, 1995) remains one of the most sensational and legally significant criminal cases in India, primarily due to its brutal facts, reliance on forensic evidence, and the application of the “rarest of rare” doctrine in sentencing. The case revolved around the murder of Naina Sahni by her husband, Sushil Sharma, a prominent political figure, who shot her on suspicion of infidelity and subsequently attempted to dispose of her body by burning it in a restaurant tandoor. The gruesome manner in which the crime was committed, coupled with the challenges of identification and evidence preservation, drew wide media attention and brought forensic science into sharp focus within the Indian criminal justice system.

This article provides a comprehensive case analysis of the Naina Sahni murder, with a dual emphasis on forensic and legal dimensions. It examines how ballistics, post-mortem findings, and forensic identification played a pivotal role in linking Sharma to the crime, despite his attempt to obliterate evidence. The analysis further explores the criminal trial, the arguments advanced by both prosecution and defence, and the judicial approach adopted by the trial court, Delhi High Court, and the Supreme Court of India. A critical focus is placed on the sentencing debate, where the trial court and High Court imposed the death penalty, later commuted to life imprisonment by the Supreme Court, illustrating evolving judicial interpretations of the “rarest of rare” principle laid down in Bachan Singh v. State of Punjab (1980).

Beyond the specific case, the article also discusses the broader implications for Indian criminal jurisprudence, particularly in cases involving circumstantial evidence, destruction of the victim’s identity, and the role of forensic science in bridging evidentiary gaps. It highlights how this case served as a benchmark in reinforcing the evidentiary value of scientific investigation, while simultaneously reflecting on the challenges of balancing retributive justice with the reformative goals of sentencing policy.

By critically analyzing the forensic breakthroughs and judicial reasoning in the Naina Sahni case, this paper underscores its significance as a landmark in the intersection of law, science, and justice in India.

Keywords Naina Sahni Case; Tandoor Murder; Forensic Evidence; Circumstantial Evidence; Criminal Law; Indian Penal Code; Death Penalty; Rarest of Rare Doctrine; Judicial Reasoning; Forensic Science in Criminal Trials.

JITENDRA KUMAR RODE VS. UNION OF INDIA (2024) 11 SCC 559

AUTHOR – PRAGATI GARG, VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES-TECHNICAL CAMPUS, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY (GGSIPU), DEPARTMENT OF LAW, ENROLLED IN THE 5 YEAR INTEGRATED BBALLB COURSE

BEST CITATION – PRAGATI GARG, JITENDRA KUMAR RODE VS. UNION OF INDIA (2024) 11 SCC 559, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 301-304, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This case engages the intersection of procedural criminal law and constitutional guarantees, foregrounding the jurisprudential tension between appellate efficiency and the integrity of due process. In Jitendra Kumar Rode v. Union of India, the Supreme Court interrogates the structural necessity of trial records in appellate adjudication, framing their absence as a constitutional infirmity under Article 21. The judgment advances a normative claim: that procedural compliance is not merely a technical prerequisite but a substantive condition for justice. By rejecting reconstructed records and refusing to endorse a retrial after decades, the Court articulates a rights-based threshold for appellate legitimacy. The directive for digitization of judicial records signals a systemic shift toward institutional accountability, embedding procedural fidelity within the architecture of constitutional adjudication.Keywords: Fair Legal Procedure; Article 21 – Right to Life and Personal Liberty; Section 385 CrPC; Appellate Adjudication; Judicial Record Digitization