Author: PRASANNASRI26092001

A STUDY OF CONSTITUTIONAL PROTECTIONS AND JUDICIAL INTERPRETATION OF THE PRIVILEGE AGAINST SELF-INCRIMINATION AND BNSS & CRPC

AUTHOR – P. ELAVARASAN* & M.MOHANAPRIYA**

* 5TH YEAR B.A.LL.B, GOVERNMENT LAW COLLEGE VILUPPURAM

** II YEAR LLM (ENVIRONMENTAL LAW), CHENNAI DR.AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM

BEST CITATION – P. ELAVARASAN & M.MOHANAPRIYA, A STUDY OF CONSTITUTIONAL PROTECTIONS AND JUDICIAL INTERPRETATION OF THE PRIVILEGE AGAINST SELF-INCRIMINATION AND BNSS & CRPC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 525-535, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This essay critically analyzes the connection between Section 313 of the Code of Criminal Procedure, which requires the court to question the accused, and Article 20(3) of the Indian Constitution, which protects the right against self-incrimination. The paper investigates how, when interpreted within their constitutional and procedural bounds, these provisions – despite their apparent differences in intent – can work in concert. As a fundamental protection, Article 20(3) makes sure that no one is forced to give testimony or evidence that might be used against them in a criminal case. On the other hand, Section 313 CrPC serves as a procedural tool that allows the accused to address or clarify incriminating facts that come up during the trial. The study clarifies that Section 313 is not essentially coercive but rather functions as a facilitative instrument that gives the accused a chance to tell their story by analysing statute provisions and judicial reasoning. The study also discusses the evidential limitations of remarks made in accordance with this clause, emphasizing that while they are acceptable for consideration, such responses do not alone have the standing of substantial evidence. The results highlight the need to apply Section 313 cautiously by the courts to prevent it from being used as a tool to close gaps in the prosecution’s evidence. The article comes to the conclusion that applying Section 313 CrPC in a way that is morally and constitutionally sound not only protects the right against self-incrimination but also enhances the fairness and integrity of the criminal justice system.

KEYWORDS: Accused’s Rights, Self-Incrimination, Procedural Fairness, Evidentiary Value, Natural Justice.

SLANDER OF GOODS IN THE DIGITAL AGE: REGULATING FAKE REVIEWS

AUTHOR – ADVAITH SRI KRISHNA DATTA MAMIDAN, STUDENT AT SYMBIOSIS LAW SCHOOL NOIDA

BEST CITATION – ADVAITH SRI KRISHNA DATTA MAMIDAN, SLANDER OF GOODS IN THE DIGITAL AGE: REGULATING FAKE REVIEWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 520-524, APIS – 3920 – 0001 & ISSN – 2583-2344
INTRODUCTION

In today’s digital marketplace online ratings and reviews have a significant effect on businesses. They are a significant influence on consumer decision making and the formation of the reputation of the brand in the network. In a way, they contribute to the transparency. However, when fake and misleading reviews are involved, their presence can lead to financial damage. In many cases, these are proven practices of unfair competition, which in turn can lead to loss and damage the consumer’s trust. This phenomenon is called a slander of goods; that is, a deliberate or accidental publication of false information causing the decline in the reputation of the product or company. With the increasing reliance of businesses on the digital world, the issue of malicious reviews, fake testimonials, and competitors’ negative campaigns has become an area of serious legal concerns. Addressing these challenges will create a strong regulatory framework, balancing the right to freedom of speech with the protection against commercial reputation damage.

FUTURE PROSPECTS OF EUROPEAN DEFENSE POST NATO SUMMIT -2025

AUTHOR – DR.SATISH KARAD, ASSO.PROFESSOR AT INDRARAJ ARTS,COMMERCE AND SCIENCE COLLEGE, SILLOD

BEST CITATION – DR.SATISH KARAD, FUTURE PROSPECTS OF EUROPEAN DEFENSE POST NATO SUMMIT -2025, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 526-530, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

 At the recently concluded North Atlantic Treaty Organisation (NATO) Summit in the Netherlands, member nations pledged to allocate 5 percent of GDP to defense, exceeding the current threshold of 2 percent by more than double. The updated baseline of 5 percent is to be attained within the next decade, with a progress review planned for 2029. This Paper focuses on implications of defense spending by NATO members.
Preface-
The 2025 NATO Summit occurred in The Hague from June 24 to 25. The assembly convened the Heads of State from all 32 member nations, representatives from the European Union (EU), and select partner countries to discuss security and defense challenges confronting the alliance. The principal focus of the Summit was the commitment by member nations to elevate their defense expenditures to 5 percent of GDP, exceeding the existing target of 2 percent by more than double. This issue brief encapsulates the principal outcomes of the NATO Summit 2025 and delineates the current contributions of member states, contextualizing the evolving dynamics of European defense following the Russia-Ukraine War.

NON LEGAL STRATEGIES FOR SOCIAL TRANSFORMATION

AUTHOR – MOHAMED THARIC ILAHI, LLM GRADUATE (CRIMINAL JUSTICE & HUMAN RIGHTS), AT SCHOOL OF LAW, PONDICHERRY UNIVERSITY

BEST CITATION – MOHAMED THARIC ILAHI, NON LEGAL STRATEGIES FOR SOCIAL TRANSFORMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 513-519, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

For the development of a society, social changes are imperative. However, customs and traditions can pose a challenge in bringing about these changes. Society is accustomed to certain practices, and altering them can be a daunting task. The most effective way to bring about change is through the implementation of laws. Laws have the power to shape social change. Legal reforms have changed the face of many societies all over the world. Nevertheless, laws are not the only means of bringing about social transformation. Education, voluntary action, public opinion, moral principles, collective efforts, and social movements are equally important non-legal instruments that can bring about social change in civilised systems. If the social structure is inclined towards peace, justice, and harmony, desirable social changes will occur. This research paper will explore the non-legal strategies that have been instrumental in bringing about social change in India. Additionally, a critical analysis will be conducted to determine whether these non-legal strategies have indeed contributed to the development of society.

KEYWORDS: Social Change, Self – Respect, Discrimination, Social-upliftment.

INVISIBLE BOUNDARIES: GENDER–BASED RESTRICTIONS ON PUBLIC MOBILITY

AUTHOR – D.N. HARINI, STUDENT AT VELS SCHOOL OF LAW, VELS INSTITUE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS), CHENNAI – 600 117

BEST CITATION – D.N. HARINI, INVISIBLE BOUNDARIES: GENDER–BASED RESTRICTIONS ON PUBLIC MOBILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 511-512, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The world is ours too.

This article highlights the silent yet powerful restrictions that shape girls’ daily lives — especially the belief that their visibility must be controlled. Rooted in personal experiences and social patterns, it questions why a girl’s presence is often treated as something to be hidden. Through reflective storytelling, it exposes how these invisible rules damage freedom, confidence, and identity. The article calls for change — for a world where girls are not confined by fear or judgment, but empowered to live freely, visibly, and with dignity.

REPOSITIONING THE VICTIM: A CRITICAL ANALYSIS OF VICTIM CENTRIC JUSTICE IN INDIA

AUTHOR- SHIVIKA GOYAL, JRF PHD RESEARCH SCHOLAR AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – SHIVIKA GOYAL, REPOSITIONING THE VICTIM: A CRITICAL ANALYSIS OF VICTIM CENTRIC JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 499-510, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper critically examines the evolving landscape of victim rights in India, with a specific focus on the shift from an offender-centric criminal justice model to one that increasingly recognizes and incorporates the voice, dignity, and rights of victims. Historically, victims in India have been relegated to the margins of the legal process, often reduced to the role of informants or passive witnesses, with little agency or protection. Drawing upon criminological theory and constitutional values, the paper traces the marginalization of victims from ancient legal traditions through colonial codifications and post-independence frameworks. The enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks a notable legislative milestone in this journey. The paper explores key victim-centric provisions within the BNSS, such as the right to be heard before withdrawal of prosecution, the introduction of Zero FIR, access to compensation and reimbursement, provisions for in-camera trials, and enhanced protections for vulnerable groups. These reforms demonstrate a growing alignment with global standards on victim justice and reflect the influence of procedural and restorative justice philosophies.  Despite these advancements, the legislative reform alone is insufficient. Challenges such as low legal awareness, undertrained personnel, and systemic apathy continue to obstruct meaningful victim participation. Through case law analysis, policy review, and theoretical reflection, the paper advocates for structural reforms, mandatory victimology training, and institutional mechanisms to ensure effective implementation. Ultimately, the study calls for a more inclusive, participatory, and compassionate justice system one that honors the constitutional promise of justice for all, including the long-overlooked victim.

ARTICLE 370 OF THE INDIAN CONSTITUTION

AUTHOR – GARIMA NANDA, STUDENT AT BENNETT UNIVERSITY

BEST CITATION – GARIMA NANDA, ARTICLE 370 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 493-498, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Article 370 was a part of India’s Constitution. It was an important rule that gave special status to a region of India called Jammu and Kashmir. This law came into place in 1949. Due to this law, Jammu and Kashmir could have its own set of rules and flags. They also had quite a bit of power to pass their own laws. This was different from other areas in India. The reason why this law was passed is partly because of the unique history of Jammu and Kashmir. This region became a part of India in 1947 after some big changes in the area and a conflict with Pakistan. Our article will give you details about why Article 370 was formed. What impact it had on the relationship between the region of Jammu and Kashmir and the governing body of India is also discussed. Also, it is explained how this piece of law was often a topic of debate about power sharing and unity in India. The article will inform you about the ways that this law was ended on August 5, 2019. On this day, the Indian government decided that Jammu and Kashmir will not have special status anymore. The region was also broken down into two smaller regions—these are now called Jammu & Kashmir and Ladakh. People are talking a lot about the decision to end Article 370. Some people are okay with it because they think it will bring more unity in India. But others are not happy with the way it was done. In this article, we also analyse how this change affects us—from how the government works, to what it means to the people living in the region, and how it might be a test for democratic values in the federal structure of India.

UNIFORMITY AND IDENTITY: THE BATTLE OF RIGHTS AND DUTIES IN INDIAN CLASSROOMS

AUTHOR – SHUBHASHISH DWIVEDI, ADVOCATE, HIGH COURT OF DELHI

(L.L.B., UNIVERSITY OF DELHI & L.L.M. IN CRIMINAL AND SECURITY LAWS, BBD UNIVERSITY)

BEST CITATION – SHUBHASHISH DWIVEDI, UNIFORMITY AND IDENTITY: THE BATTLE OF RIGHTS AND DUTIES IN INDIAN CLASSROOMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 488-492, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper interrogates the constitutional and philosophical tensions underpinning the recent hijab controversy in Indian educational institutions, particularly within the framework of school uniforms, religious freedoms, and institutional autonomy. Drawing on Nassim Nicholas Taleb’s “Minority Rule” theory, the article explores how uncompromising identity assertions by a small group can reshape public institutions, testing the delicate balance between individual rights and collective discipline. The analysis situates the hijab dispute in Karnataka within broader constitutional jurisprudence, tracing landmark decisions to contrast institutional neutrality with evolving notions of personal liberty under Articles 19, 21, and 25 of the Indian Constitution.

By critically examining the judiciary’s attempts to navigate the “essential religious practice” doctrine, secularism, and educational autonomy, the article underscores the pedagogical role of uniformity in nurturing egalitarian learning environments. It argues that while religious expression is constitutionally protected, it must yield—particularly in schools—to the higher goals of inclusivity, discipline, and neutrality. Ultimately, the paper cautions against transforming schools into arenas of identity politics, urging a recalibration of rights and duties in accordance with India’s constitutional ethos of unity in diversity.

CORPORATE GROUP LIABILITY IN ISDS CLAIMS: EXPLORING INDIAN PARENT–SUBSIDIARY STRUCTURES AND ATTRIBUTION OF INVESTOR ACTIONS

AUTHOR – HIMANSHU RANJAN, STUDENT AT NB THAKUR LAW COLLEGE, NASHIK

BEST CITATION – HIMANSHU RANJAN, CORPORATE GROUP LIABILITY IN ISDS CLAIMS: EXPLORING INDIAN PARENT–SUBSIDIARY STRUCTURES AND ATTRIBUTION OF INVESTOR ACTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 485-486, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This article investigates the complex landscape of corporate group liability in Investor-State Dispute Settlement (ISDS) claims, focusing on the attribution of investor actions within Indian parent–subsidiary structures. As India continues to modernise its Bilateral Investment Treaty (BIT) framework and navigates an increasingly globalised investment environment, the traditional principle of corporate separateness poses unique challenges. The doctrine of attribution, derived from international law and domestic legal principles, has evolved to encompass corporate group structures, often testing the boundaries of separate legal personality. This paper critically analyses key ISDS cases that have challenged or reinforced these boundaries, evaluates India’s legislative and judicial approach to corporate liability, and explores how corporate structuring may be used strategically—sometimes abusively—by investors. The study concludes by offering recommendations for India’s treaty practices and domestic policy alignment to ensure a fair balance between investor protection and state sovereignty.

DATA PROTECTION ACT IN INDIA: SPECIAL REFERENCES TO THE PRESENT NATIONAL ISSUES

AUTHOR – MR. MD JIYAUDDIN, ASSISTANT PROFESSOR AT SCHOOL OF LAW, BRAINWARE UNIVERSITY, BARASAT, KOLKATA, IMDJIYAUDDIN@GMAIL.COM

BEST CITATION – MR. MD JIYAUDDIN, DATA PROTECTION ACT IN INDIA: SPECIAL REFERENCES TO THE PRESENT NATIONAL ISSUES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 473-483, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Protecting personal data has become a top priority for people, businesses, and governments throughout the world in an era characterised by an unparalleled growth of digital data and the unrelenting advancement of technology. The impact of social media on people’s right to privacy has sparked considerable controversy. The importance of data protection has grown dramatically over the last several decades, reaching previously inconceivable heights as a result of global digitalisation, especially in India. Overall, data protection is more concerned with personal liberty, fairness, human dignity, individuality and family life. Data protection is generally recognised; nonetheless, the method of coding data is relatively recent. Because societies are always developing, there is an urgent need to redefine data protection. The article also looks at the technological components of data privacy, such as data encryption, anonymisation, and localisation restrictions, and how successful they are in protecting personal data. Furthermore, the article examines the obstacles that Indian organisations experience while implementing data privacy safeguards and recommends best practices for overcoming these challenges. By providing useful insights into the existing status of data privacy in India, this paper makes recommendations for improving data protection policies, which would benefit people, organisations, and society as a whole. This research paper also discusses legislative provisions, such as the Personal Data Protection Act of 2023 and the creation of regulatory organisations to protect privacy.

Key words: Digital data, Right to privacy, Data protection, Indian organisations, Safeguards and Recommends.