Author: PRASANNASRI26092001

  • ADR IN LIVE-IN RELATIONSHIP DISPUTES: NEED FOR LEGAL RECOGNITION

    ADR IN LIVE-IN RELATIONSHIP DISPUTES: NEED FOR LEGAL RECOGNITION

    AUTHOR – ASHALESHA POKHARNIKAR, LLM STUDENT AT NAVLMAL FIRODIA LAW COLLEGE

    BEST CITATION – ASHALESHA POKHARNIKAR, ADR IN LIVE-IN RELATIONSHIP DISPUTES: NEED FOR LEGAL RECOGNITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 01-10, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    The emergence of live-in relationships in India represents a significant shift in social and legal dynamics. Traditionally, family law has been anchored in the institution of marriage, leaving non-marital cohabitation outside its formal framework. However, with changing societal attitudes, courts have cautiously extended limited recognition to live-in partnerships, especially in matters concerning domestic violence, maintenance, and child custody. Despite these developments, the absence of comprehensive legislation has created ambiguity and inconsistency in adjudication.

    Disputes arising from live-in relationships often involve highly personal matters such as financial support, property sharing, domestic abuse, or child welfare. Resorting to litigation not only prolongs emotional distress but also exposes partners to public scrutiny, reinforcing stigma. Moreover, adversarial court processes may not always serve the interests of reconciliation, confidentiality, and long-term well-being of the parties involved. This makes conventional litigation an inadequate tool for handling such delicate issues.

    Alternative Dispute Resolution (ADR) mechanisms particularly mediation and conciliation offer a constructive pathway for resolving conflicts in live-in relationships. ADR ensures confidentiality, reduces social stigma, and provides quicker, cost-effective, and less adversarial solutions tailored to the needs of the parties. This article argues for the urgent need to accord legal recognition to ADR in live-in relationship disputes, thereby harmonizing personal liberty with social justice and aligning family law with contemporary realities.

    Keywords:

     Live-in Relationships, Alternative Dispute Resolution (ADR), Mediation, Conciliation, Family Law, Domestic Violence Act, Right to Life and Personal Liberty, Legal Recognition, Social Justice, Confidential Dispute Resolution

  • A COMPARATIVE ANALYSIS OF THE CrPC 1973 AND THE BNSS 2023 FOR MODERNIZING CRIMINAL PROCEDURE IN INDIA

    A COMPARATIVE ANALYSIS OF THE CrPC 1973 AND THE BNSS 2023 FOR MODERNIZING CRIMINAL PROCEDURE IN INDIA

    AUTHOR – ANSARI SOBIYA PARVEEN, STUDENT AT SLRTCL (MUMBAI UNIVERSITY)

    BEST CITATION – ANSARI SOBIYA PARVEEN, A COMPARATIVE ANALYSIS OF THE CrPC 1973 AND THE BNSS 2023 FOR MODERNIZING CRIMINAL PROCEDURE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 841-846, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    India’s criminal justice system saw major procedural changes when the 1973 Code of Criminal Procedure (CrPC) was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).  Faster investigation and trial, increased victim protection, and increased use of technology are the goals of the new law.  Important clauses include E-FIR (Section 173), stricter deadlines for charge sheet filing and judgment rendering (Sections 193, 258, 262), provisions for extended custody (Section 187), the acceptance of digital evidence (Sections 176, 356, 530), and the use of community service as a form of punishment (Section 23). For offenses against women and children, a distinct chapter has been included (Sections 280–303), which calls for expedited trials and considerate treatment of victims.  This study compares the BNSS and the CrPC, emphasizing their advantages, disadvantages, and potential implementation issues.  It offers recommendations for guaranteeing an equitable and efficient justice system while also looking more closely at the reforms’ constitutional and judicial background.

    KEYWORDS

    BNSS, CrPC, Criminal Procedure, Speedy Trial, Victim Rights, E-FIR, Digital Evidence, Custody, Community Service, Criminal Justice Reform.

  • CONTRACTUAL LIABILITY OF GOVERNMENT IN INDIAN LAW

    CONTRACTUAL LIABILITY OF GOVERNMENT IN INDIAN LAW

    AUTHOR – ADV. MAHESH MILIND RAMPURKAR, LLM 2ND YEAR, SHRI. NAVALMAL FIRODIA LAW COLLEGE PUNE

    BEST CITATION – ADV. MAHESH MILIND RAMPURKAR, CONTRACTUAL LIABILITY OF GOVERNMENT IN INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 833-840, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

                        IN THE CAPITALIST GLOBALISED WORLD OF TODAY, GOVERNMENTS KEEP THEIR PROMISES JUST LIKE ANYONE ELSE. IN THE TIMES WHEN BRITISHERS RULED INDIA, CONTRACTS INVOLVING THE GOVERNMENT WERE GOVERNED BY ENGLISH COMMON LAW, WHICH OFTEN PROVIDED SOVEREIGN IMMUNITY. AFTER INDEPENDENCE, THE INDIAN CONTRACT ACT, 1872, BECAME THE KEY LAW GOVERNING CONTRACTS, INCLUDING THE ONES INVOLVING GOVERNMENT AS A PARTY. ARTICLE 299 OF THE INDIAN CONSTITUTION LAYS DOWN CONDITIONS FOR VALID GOVERNMENT CONTRACTS. NOW, CONTRACTUAL LIABILITY OF THE GOVERNMENT HAS EVOLVED OVER TIME, TODAY ACCOUNTABILITY IS ENSURED IN PUBLIC PROCUREMENT AND SERVICE AGREEMENTS. COURTS HAVE PLAYED SIGNIFICANT ROLE IN BALANCING GOVERNMENTS FUNCTIONS WITH THE RIGHTS OF CITIZENS. GOVERNMENT CONTRACTS ARE LEGALLY BINDING AGREEMENTS BETWEEN THE GOVERNMENT(STATE) AS ONE PARTY AND PRIVATE PARTIES. THESE CONTRACTS MUST ADHERE TO CERTAIN FORMAL REQUIREMENTS AND THEY MUST UPHOLD FAIRNESS, TRANSPARENCY, AND ACCOUNTABILITY. ISSUES LIKE LACK OF TRANSPARENCY, ARBITRARY DECISIONS, AND NON-COMPLIANCE WITH THE LEGAL PROCEDURES HAVE VERY OFTEN LED TO DISPUTES. THE CHALLENGE IS IN PROVING THAT PUBLIC FUND IS SPENT EFFICIENTLY AND LAWFULLY. STRENGTHENING LEGAL SAFEGUARDS AND TRANSPARENCY IN PROCEDURE IN GOVERNMENT CONTRACTS WILL LEAD TO REDUCED DISPUTES AND FOSTER GREATER ACCOUNTABILITY. THE REFORMS NEED TO INCLUDE MANDATORY DIGITAL RECORDS FOR CONTRACT MANAGEMENT, STRONGER MONITORING OF PROCUREMENT PROCESSES, AND CLEAR DISPUTE RESOLUTION SYSTEMS. THIS ARTICLE EXPLORES THE GOVERNMENT CONTRACTUAL LIABILITY UNDER INDIAN LAW, ANALYSES KEY CHALLENGES, AND PROPOSES REFORMS FOR IMPROVING TRANSPARENCY AND EFFICIENCY IN PUBLIC CONTRACTS

    KEY WORDS: GOVERNMENT CONTRACTS, PUBLIC PROCUREMENT, CONTRACTUAL LIABILITY, ARTICLE 299, TRANSPARENCY, DISPUTE RESOLUTION

  • NECROPHILIA AND THE BOUNDARIES OF HUMAN DIGNITY: A COMPARATIVE AND INTERNATIONAL LEGAL ANALYSIS OF THE CRIMINALIZATION OF SEXUAL ACTS WITH THE DEAD

    NECROPHILIA AND THE BOUNDARIES OF HUMAN DIGNITY: A COMPARATIVE AND INTERNATIONAL LEGAL ANALYSIS OF THE CRIMINALIZATION OF SEXUAL ACTS WITH THE DEAD

    AUTHOR – ADV. NILESH VITTHAL DAKE, ADVOCATE, P.E.S MODERN LAW COLLEGE, PUNE

    BEST CITATION – ADV. NILESH VITTHAL DAKE, NECROPHILIA AND THE BOUNDARIES OF HUMAN DIGNITY: A COMPARATIVE AND INTERNATIONAL LEGAL ANALYSIS OF THE CRIMINALIZATION OF SEXUAL ACTS WITH THE DEAD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 826-832, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    Necrophilia, the act of engaging in sexual activity with a corpse, is a profound violation of human dignity. This article examines the absence of specific legal provisions addressing necrophilia in India under the Indian Penal Code (IPC), 1860, and the Bharatiya Nyaya Sanhita (BNS), 2023. Indian courts rely on inadequate provisions, such as IPC section 297 or BNS section 126, which address indignity to the dead but fail to capture the sexual nature of the offense. This gap undermines justice and the constitutional protection of dignity under Article 21. By comparing Indias approach with jurisdictions like the United Kingdom, United States, Canada, Germany, and South Africa, where explicit laws exist, the article highlights effective legal frameworks. It also explores international obligations under frameworks like the Geneva Conventions, 1949, which mandate respect for the deceased. The article proposes a new BNS provision to criminalize necrophilia, aligning India with global standards and constitutional values. Expanded to approximately 30 pages, this analysis reduces bullet points and numbering, focusing on narrative depth with detailed case studies and comparative insights.

  • INDIGENOUS PEOPLE IN NAXAL-AFFECTED AREAS OF CHHATTISGARH

    INDIGENOUS PEOPLE IN NAXAL-AFFECTED AREAS OF CHHATTISGARH

    AUTHOR – P.VEENA SWAMI, RESEARCH SCHOLAR AT GOVT. J. YOGANANDAM CHHATTISGARH COLLEGE

    BEST CITATION – P.VEENA SWAMI, INDIGENOUS PEOPLE IN NAXAL-AFFECTED AREAS OF CHHATTISGARH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 822-825, APIS – 3920 – 0001 & ISSN – 2583-2344

    Introduction

    The phenomenon of Naxalism, also termed Left-Wing Extremism (LWE), has been one of the most enduring internal security challenges in post-independence India. Originating in 1967 in the village of Naxalbari, West Bengal, the movement initially espoused a radical ideology of armed struggle to overthrow the State and establish a revolutionary people’s government. Over the decades, Naxalism spread across several states, finding strongholds in regions characterized by deep socio-economic disparities and state neglect. Among these, the tribal-dominated districts of Chhattisgarh-particularly Bastar, Dantewada, Sukma, and Bijapur-have emerged as epicenters of violent conflict between Naxalite insurgents and the Indian State.

  • TAXATION OF AGRICULTURAL INCOME UNDER INDIAN LAW

    TAXATION OF AGRICULTURAL INCOME UNDER INDIAN LAW

    AUTHOR – KAMALJOT KAUR, STUDENT AT LOVELY PROFESSIONAL UNIVERSITY

    BEST CITATION – KAMALJOT KAUR, TAXATION OF AGRICULTURAL INCOME UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 817-821, APIS – 3920 – 0001 & ISSN – 2583-2344

    Have you ever wondered why India frequently claims that agricultural income is “tax-free”? Are there unstated regulations and restrictions, or is it truly exempt from all taxes? Farmers, investors, landowners, and experts handling financial planning all need to grasp how agriculture fits into the tax system in a nation where it plays a significant role in the economy. This article will provide you with a clear and useful understanding of how agricultural INCOME is classified under the INCOME Tax Act, 1961. In this blog, we will dissect the idea of agricultural income under Indian INCOME tax law, 1961.

    CONCEPT OF INCOME

    The consistent flow of money that people or businesses receive on a daily, weekly, monthly, or annual basis is referred to as income. Both monetary wages and the worth of intangible benefits like allowances and perquisites are included. All types of income are liable to income tax unless they are expressly exempt.

  • ETHICAL ISSUES IN BALLISTICS AND EXPLOSIVE

    ETHICAL ISSUES IN BALLISTICS AND EXPLOSIVE

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

    BEST CITATION – MONALISHA ARUMUGAM, ETHICAL ISSUES IN BALLISTICS AND EXPLOSIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 805-816,  APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

             Forensic ballistics and explosive analysis have emerged as critical components of the Indian criminal justice system, particularly in the investigation of violent crimes, terrorism, and organized criminal activity. These disciplines aid in identifying firearms, matching bullets and cartridge cases, analysing explosive residues, and reconstructing crime scenes involving blasts. In India, the increasing reliance on forensic science has underscored the need for standardized methodologies, ethical accountability, and trained personnel across forensic laboratories. However, challenges persist, including inadequate infrastructure, delays in evidence processing, and instances of compromised objectivity. This paper examines the current practices, institutional frameworks, and ethical concerns in ballistic and explosive forensics in India, highlighting relevant case laws and policy gaps. It also discusses recommendations to enhance scientific rigor, transparency, and judicial trust in forensic evidence. The integration of advanced technology, judicial oversight, and adherence to ethical norms are crucial for ensuring the credibility and effectiveness of forensic investigations in India.

    Keywords: Forensic ballistics; explosive analysis; ethical issues; forensic science in India; crime investigation; judicial evidence; forensic laboratories; criminal justice; chain of custody; expert witness testimony.

  • PATENT POOLING: APPROACH TO END PUBLIC HEALTH TROUBLE

    PATENT POOLING: APPROACH TO END PUBLIC HEALTH TROUBLE

    AUTHOR – SNEHA SAHA, LEGAL PROFESSIONAL

    BEST CITATION – SNEHA SAHA, PATENT POOLING: APPROACH TO END PUBLIC HEALTH TROUBLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 791-804, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    Intellectual property rights regulate the rights of patent owners and regulate the right to develop inventions through the patent law. This contributes to the important parts of the pharmaceutical sector. Since this right protects the owner of the patent, the invention has a monopoly right, so it creates obstacles to a particular community. The patented system determined by the global administration motivates research and development to new drugs to ensure new medicines is brought in market. This is to strengthen the public health, but patent owners always receive monopoly rights which delayed in access and general purposes and create obstacles to the public’s essential medicine. The basic aspects of public right to health are very important, but access to major drugs is still a problem, just like countries with low and average income. The various international systems, including WTO, WIPO, WHO, TRIPS and also Doha Declaration, are based on medical availability and costs of medicine. The current patent law can harmonize public health management requirements with various innovative requirements, along with a method of restricting the implementation of patent law to right to health to some extent. Investigations and research on reliability and restrictions on existing laws such as compulsory licenses, patent pooling models are overcoming social demands and the introduction of patents generated by obstacles. The goal is to solve inequality on public health and medical approaches and also promote the rights of inventors simultaneously.

    Keywords: model existing, pooling patent, health, public, licensing, diseases, pharmaceutical

  • BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),2023 PROCEDURES AND ANALYSIS OF CONSTITUTIONAL RIGHTS

    BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),2023 PROCEDURES AND ANALYSIS OF CONSTITUTIONAL RIGHTS

    AUTHOR – SOHAIR AHMED SHAIKH, STUDENT AT SHREE L.R. TIWARI COLLEGE OF LAW (AFFILIATED TO MUMBAI UNIVERSITY)

    BEST CITATION – SOHAIR AHMED SHAIKH, BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),2023 PROCEDURES AND ANALYSIS OF CONSTITUTIONAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 786-790, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT: –

    The “Bharatiya Nagarik Suraksha Sanhita (BNSS) ,2023” replaces the “Code of Criminal Procedure, (CrPC) 1973”. The plan’s stated goals include ensuring the timely consideration of cases, digitalizing legal proceedings, and improving the human rights’ protection. The study implies a comprehensive, multi-tiered analytical approach to compare the BNSS with its predecessor across several core dimensions of the criminal justice process. Primary areas of investigation encompass arrest procedures and safeguards against arbitrary detention, utilization of digital technology in criminal proceedings, time-bound trial mechanisms, forensic evidence collection protocols, and victim protection measures. The study looks at whether the BNSS respects constitutional values such as natural justice, proportionality and rule of law, or whether its procedures innovations risk interrupting and infringing fundamental rights. By assessing the law’s wording, intent, and practicality, this study seeks to establish whether BNSS would fulfil the constitutional promise of liberty and fairness in a modern democracy by enhancing access to justice. This research examines the constitutional ramifications of BNSS to determine if its provisions are compatible with Part III of the Constitution, particularly Articles 14, 19, 20, 21, and 22.

    KEYWORDS: –Criminal Procedure Reform, Constitutional Rights, Comparative Legal Analysis, Judicial Accountability, Police Discretion, Legal Modernization, Access to Justice, Colonial Legacy in Law.

  • INTRODUCTION TO THE CONSTITUTION OF INDIA BY DR. DURGA DAS BASU: A CRITICAL ANALYSIS

    INTRODUCTION TO THE CONSTITUTION OF INDIA BY DR. DURGA DAS BASU: A CRITICAL ANALYSIS

    AUTHOR – SOMYA SINGH, 5TH YEAR LAW STUDENT OF JAIPUR NATIONAL UNIVERSITY

    BEST CITATION – SOMYA SINGH, INTRODUCTION TO THE CONSTITUTION OF INDIA BY DR. DURGA DAS BASU: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 783-785, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The present piece of review critically scrutinizes the nuance of the Introduction to the Constitution of India by Dr. D.D. Basu, which is a commendable book written in the field of the Constitution, serves as a foundational basis for academicians, students, scholars, and practitioners, either for competitive exams or for reference for their cases. The book provides a significant insight into the different arenas of the political structure of the government, philosophy, functioning of different organs, and their powers. It covers key areas such as the Preamble, Fundamental Rights, Directive Principles, Centre-State relations, emergency provisions, and the role of the judiciary, all backed by landmark precedents and a comprehensive and exhaustive explanation, which is easily understandable by everyone.

    The review highlights the strengths of the book, including its clarity, systematic structure, case-based approach, and relevance to competitive examinations. At the same time, it points out limitations such as the lack of critical analysis and minimal engagement with interdisciplinary or comparative perspectives. But its strength has overshadowed all its negative aspects and made it an exceptional piece among all the textbooks. Lastly, it was an indispensable resource for understanding the Indian Constitution, its nuances, and different shades. The review affirms the relevance and application of the book in the legal field and education, and constitutional discourse in India.

    Keywords: Constitution of India,  Grundnorm, Preamble, Fundamental Rights, Fundamental Duties, Directive Principles of State Policy, Federalism, Union Legislature, State Legislature,, Emergency Provisions, Amendment Procedures, Constitutional Bodies, Doctrine f Severability, Doctrine of Eclipse