Author: PRASANNASRI26092001

PROCEDURE OF ARREST UNDER BNSS

AUTHOR – PRINCE YASHWANT RAMESH, STUDENT AT GAUTAM BUDDHA UNIVERSITY

BEST CITATION – PRINCE YASHWANT RAMESH, PROCEDURE OF ARREST UNDER BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 301-307, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian parliament replaced the colonial-era code of Criminal Procedure,1973, with the Bharatiya Nagrik Suraksha Sanhita,2023 (BNSS), which constitutes a major revamp of the nation’s criminal procedure law. The BNSS is critically examined in this essay, along with its main goals, laws, and possible effects on India’s criminal justice system. It explores the justification for the legislative modification, emphasizing the changes in emphasis on victim-centric strategies, technology integration, and procedural efficiency. The study also assesses the possible difficulties and arguments related to the BNSS implementation critically, including issues with the proper ratio of the state authority to the individual freedom’s readiness of the legal and law enforcement systems, and possible effects on the accused’s rights. By examining the salient features and potential implications of this landmark legislation, this research aims to provide a comprehensive understanding of its significance in shaping the future of criminal justice in India.  

Keywords: Bharatiya Nagrik Suraksha Sanhita(BNSS), Criminal Procedure Code, Criminal Justice Reform, India, Technology in Law, Victim Rights, Procedural Efficiency, Rule of Law, Human Rights.

SECTOR- SPECIFIC ANALYSIS OF PATENT PROTECTION IN INDIA

AUTHOR – ISHIKA HOODA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ISHIKA HOODA, SECTOR- SPECIFIC ANALYSIS OF PATENT PROTECTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 289-300, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper presents a comprehensive sector-specific analysis of India’s patent protection framework, focusing on two critical sectors: pharmaceuticals and agricultural biotechnology. India’s unique approach to patent protection represents a deliberate balancing act between fostering innovation and ensuring public access to essential goods.

In the pharmaceutical sector, the evolution from the process-patent system established by the 1970 Patents Act to the post-TRIPS product patent regime implemented in 2005 transformed India’s position in the global pharmaceutical landscape.

The paper examines distinctive features of India’s pharmaceutical patent system, including Section 3(d)’s anti-evergreening provision, compulsory licensing mechanisms, and the dual opposition system, analyzing landmark cases such as Novartis v. Union of India, Bayer v. Natco, and Roche v. Cipla. The impacts on various stakeholders—multinational pharmaceutical companies, domestic generic manufacturers, and patients—are evaluated, revealing how India’s pharmaceutical sector has adapted to international obligations while maintaining access to medicines.

In the agricultural biotechnology sector, the paper traces the development of a multi-layered protection framework comprising the amended Patents Act, the Protection of Plant Varieties and Farmers’ Rights Act (PPVFR), and the Biological Diversity Act. This integrated approach restricts patentability for plants and essentially biological processes while creating alternative protection mechanisms for plant varieties that preserve farmers’ rights. The paper analyzes the patentability criteria for genetically modified organisms, genes, DNA sequences, and biotechnological processes, examining judicial interpretations in cases like Monsanto v. Nuziveedu Seeds. The research identifies persistent tensions between innovation incentives and access concerns, particularly regarding seed sovereignty and the relationship between private rights and public research. The paper concludes by examining emerging challenges from new breeding technologies and international harmonization pressures, offering policy recommendations to strengthen India’s sector-specific patent protection framework while maintaining its distinct development priorities.

CYBERCRIME IN VIRTUAL REALITY: CHALLENGES AND OPPORTUNITIES FOR INDIAN LAW ENFORCEMENT

AUTHOR – ISHA JOHNSON* & SUGANYA JEBA SAROJINI**

* LAW STUDENT (FINAL YEAR) BA.LLB SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY) LAVASA CAMPUS, PUNE

** ASSISTANT PROFESSOR, CHRIST (DEEMED TO BE UNIVERSITY) LAVASA CAMPUS, PUNE.

BEST CITATION – ISHA JOHNSON & SUGANYA JEBA SAROJINI, CYBERCRIME IN VIRTUAL REALITY: CHALLENGES AND OPPORTUNITIES FOR INDIAN LAW ENFORCEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 281-288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Virtual reality (VR) has transformed online interaction, establishing interactive communication, entertainment, education, and business spaces. This has created avenues for cybercrime, such as identity theft, financial crimes, online stalking, and data collection without consent. India’s cyber laws, such as the Information Technology Act, 2000 and the Indian Penal Code, are ill-equipped to respond to these challenges. Law enforcement authorities are confronted with special challenges in detecting, investigating, and prosecuting crimes that occur in VR spaces because of the jurisdictional complexity of VR platforms and the challenge of obtaining digital evidence.

Virtual reality (VR) is yielding new cyber attacks, such as fraud, harassment, and cybercrime. Financial security, ethical issues, and reputational damage are threatened by these risks. The psychological effects of VR harassment and fake abuse are complicating legal intervention. The government and policymakers must reimagine cyber legislation, incorporate AI-powered security software, and introduce strong compliance policies among VR creators. Policymakers must increase digital content forensic capabilities, impose identity authentication, and enhance global cooperation to counter cross-border cybercrime. Public education campaigns, corporate accountability mechanisms, and ethical design principles must be prioritised to prevent abuse and guarantee digital security.

This Paper discusses India’s legislative limitations towards combating VR cybercrime, proposes modifications, and delves into AI-based moderation, forensic software, and identification authentication. Solutions include VR-oriented cyber law, enhancing forensic expertise, and coordinating development activity with VR developers.

Keywords – VR, Cybercrime, law, Challenges, India.

THE TOOTHLESS TIGER OF ANTI-CORRUPTION: A CRITICAL ANALYSIS OF THE CENTRAL VIGILANCE COMMISSION’S LIMITATIONS AND POTENTIAL

AUTHOR – TRINATH BHATTACHARJEE & PORTIA ROY

STUDENTS AT AMITY LAW SCHOOL

BEST CITATION – TRINATH BHATTACHARJEE & PORTIA ROY, THE TOOTHLESS TIGER OF ANTI-CORRUPTION: A CRITICAL ANALYSIS OF THE CENTRAL VIGILANCE COMMISSION’S LIMITATIONS AND POTENTIAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 271-279, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Corruption undermines governance, economic development, and public trust, posing significant challenges to India’s democratic institutions. Among the mechanisms to combat corruption, the Central Vigilance Commission (CVC) plays a pivotal role as a statutory body established to oversee vigilance activities within the central government. Despite its critical mandate, the CVC has often been criticized as a “toothless tiger,” limited by its advisory role, lack of investigative powers, and dependence on other agencies like the Central Bureau of Investigation (CBI) for enforcement. This paper critically examines the CVC’s role within India’s anti-corruption framework, focusing on its legal foundations, operational limitations, and the challenges it faces in addressing systemic corruption effectively.

The analysis highlights the Commission’s constrained autonomy, political influence in its functioning, and overlapping jurisdictions with other anti-corruption bodies as key issues that hinder its efficiency. Using case studies and legal precedents, the paper evaluates the structural reforms necessary to strengthen the CVC’s capabilities. Recommendations include granting the CVC independent investigative powers, enhancing inter-agency coordination, and ensuring greater transparency in its operations. By addressing these limitations, the CVC can evolve into a more potent institution capable of meeting the rising expectations of accountability and integrity in governance.

A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ITS ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHER IN INDIA

AUTHOR – NIKITA SHARMA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY MAHARASTRA

BEST CITATION – NIKITA SHARMA, A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ITS ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHER IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 256-270, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper looks at how the Maternity Benefit Act, 1961 has evolved over time and what kind of difference it has made for working women in India. When it was first introduced, the main goal was to protect women’s rights during pregnancy and after childbirth, ensuring they wouldn’t have to choose between having a child and keeping their job. It was one of the earliest efforts by the Indian government to support women in the workplace, shaped by both local needs and global labour standards.

One of the biggest turning points for the Act came in 2017, when it was amended to provide stronger protections. The most notable change was increasing paid maternity leave from 12 weeks to 26 weeks. Additionally, larger companies were required to set up crèche (childcare) facilities, and work-from-home options were introduced in certain cases. The amendment also ensured maternity benefits for adoptive and commissioning mothers. While these improvements were widely seen as progressive, they did create challenges—especially for smaller businesses that had to manage the additional financial burden¹.

This paper doesn’t just look at the history of the Act and how its provisions have changed, but also evaluates how effective it has been in practice. It explores whether women actually receive the benefits promised under the law and examines how companies implement these provisions. Another key focus is whether the Act has helped retain women in the workforce and encouraged more women to enter formal employment. While the Act is a positive step on paper, challenges still exist, particularly in private-sector jobs and unorganized industries where enforcement is weak.

The research draws on legal texts, court cases, government reports, and expert opinions to provide a balanced view of where the Maternity Benefit Act stands today—its successes, its shortcomings, and areas that need improvement. Overall, while the Act and its 2017 amendment are important milestones for workplace gender equality, there’s still work to be done to ensure that every woman, regardless of where she works, gets the support she needs during maternity.

KEYWORDS: Maternity Benefit Act,1961, Maternity Benefit (Amendment) Act, 2017, Working Mothers, Women in the Workforce, Maternity Leave Policy, Labour Legislation in India, Workplace Gender Equality, Employee Rights, Work Life Balance

ANALYZING THE DEVELOPMENT OF MWPSC ACT AND THE 2019 AMENDMENT BILL

AUTHOR – SARTHAK MALAWLIYA, STUDENT, LLM (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – SARTHAK MALAWLIYA, ANALYZING THE DEVELOPMENT OF MWPSC ACT AND THE 2019 AMENDMENT BILL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 248-255, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The welfare of senior citizens is deeply ingrained in Indian social and constitutional consciousness, reflecting traditional ethos and evolving legal frameworks. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 institutionalizes care and respect for elders, converting moral responsibilities into enforceable rights. Unlike conventional social welfare schemes, this Act imposes a legal obligation on children and heirs to maintain their parents and elderly relatives, providing monetary support and protection from neglect, abuse, and dispossession. It also mandates the state to provide infrastructure and institutional care, including old age homes and medical facilities, distributing responsibility between the family and the government. The MWPSC Act establishes a streamlined framework through Maintenance Tribunals to expedite claims of senior citizens, simplifying the process and allowing suo motu cognizance and applications by third parties. However, the decentralization has led to discrepancies in implementation and legal interpretation, as seen in controversial state-specific eviction remedies. To address these gaps, the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, was introduced to strengthen and expand the Act. The Bill proposes defining adoptive and stepchildren as “children” and expanding “maintenance” and “welfare” to include emotional, physical, and mental well-being. It also proposes faster timelines for disposal of maintenance applications, especially for those above 80 years of age. The Amendment emphasizes institutional care, including accredited senior citizens’ care homes and multi-service day-care centers, meeting minimum infrastructural and service standards. It aims to institutionalize police protection for senior citizens by mandating officer designations in every police station and creating dedicated elder welfare units. This paper examines the MWPSC Act’s foundational justifications, constitutional underpinnings, and practical challenges, while evaluating the 2019 Amendment Bill’s implications.

Keywords : MWPSC Act, Maintenance, Parents And Senior Citizen, Eviction, Welfare

A SOCIO LEGAL STUDY ON THE USE OF CHILD SOLDIER IN ARMED CONFLICT

AUTHOR – BHUMIK SETHI, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – BHUMIK SETHI, A SOCIO LEGAL STUDY ON THE USE OF CHILD SOLDIER IN ARMED CONFLICT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 245-247, APIS – 3920 – 0001 & ISSN – 2583-2344.

NATURE OF CHILD COMBATANTS

The 20th century will be remembered for the innumerable defenseless men, women, and children who sadly perished in wars for no justifiable cause. The words “genocide,” “war crimes,” “crimes against peace,” together with “crimes against humanity” included designed to truthfully portray the horrors connected to these offenses. Kids often experience forced participation in social violence, murder, military conflicts, and torture, in addition to the destruction of their neighborhoods, families, and civilians infrastructure that is intended to help them .International humanitarian law states that children are given “special” protection as children and “general” protection as citizens in both domestic and international violent conflicts. However, even if there are several legal mechanisms and protections designed to stop minors from participating in armed disputes, they are nonetheless forced to participate in them by a variety of methods, and as a as a result of several factors. The participation of children in combat is limited under humanitarian law on a global scale. But even in cases when kids do take part in combat, they continue to enjoy the “special” protection that was given to them as kids. They just forfeit the “general” defense that is applicable to citizens.

PREVENTIVE MEASURES AND AWARENESS OF POCSO (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES) ACT, 2012 AT SCHOOL LEVEL

AUTHOR – NIVETHA T* & KAVIN. R**

* GUEST LECTURER, DEPARTMENT OF HUMAN RIGHTS AND DUTIES EDUCATION SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI.

** ADVOCATE AND INDEPENDENT AUTHOR

BEST CITATION – NIVETHA T & KAVIN. R, PREVENTIVE MEASURES AND AWARENESS OF POCSO (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES) ACT, 2012 AT SCHOOL LEVEL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 240-244, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

               Awareness can provide safeguarding for humanity, particularly for our children, who are the future assets of our nation. The objective of the study is to assess the knowledge level of the POCSO Act 2012 within schools and to determine the extent of actions implemented by schools to prevent child sexual abuse. The majority of students have awareness about child abuse. However, they lack awareness of legal procedures. This study emphasizes the necessity for students and parents to be well-versed in legal procedures. Awareness is a crucial instrument for enhancing the lives of our future assets, referred to as children.

Key words: Awareness, POCSO, Child sexual abuse, Children.

“RECALIBRATING FEDERAL BALANCE: A CONTEMPORARY APPRAISAL OF CENTRE-STATE RELATIONS IN INDIA”

AUTHOR – A. ANTONY RAJ & R. PRIYANKA

LLM SCHOLARS AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – A. ANTONY RAJ & R. PRIYANKA, “RECALIBRATING FEDERAL BALANCE: A CONTEMPORARY APPRAISAL OF CENTRE-STATE RELATIONS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 231-239, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Despite being based on the constitutional separation of powers between the Union and the States, India’s federal structure exhibits a clear centralizing bias. The framers’ concerns about separatist tendencies in a newly independent and diverse country, historical circumstances, and national integration initiatives all contributed to this viewpoint. Notwithstanding these beginnings, Indian federalism has developed into a vibrant and contentious area that is influenced by judicial decisions, budgetary agreements, and political events. By examining the constitutional design, specifically the Seventh Schedule, Articles 245 to 263, and emergency measures, as well as political and practical developments, this essay critically explores the structure of Center-State interactions in India.  It assesses how well federal institutions are operating and looks into the roles of important organizations including the Finance Commission, the GST Council, and the Inter-State Council.  Fiscal federalism and the escalating concerns about income distribution inequities, GST Council decision-making, and compensation disputes—particularly in the post-COVID era—are given particular focus.Historic rulings like S.R. Bommai v. Union of India and State of West Bengal v. Union of India, as well as more contemporary rulings like Union of India v. Mohit Minerals, address the judiciary’s function as a custodian of the constitution.  These decisions show how the judiciary is becoming more interventionist and less respectful in its approach to upholding constitutional balance and state autonomy. The Article also explores current conflicts, demonstrating the weakness of cooperative federalism, from the function of governors in states with opposition rule to unilateral legislative measures on topics on the State List and the repeal of essay 370.  In the end, the article makes the case for a revised version of Indian federalism based on sincere intergovernmental communication, openness in fiscal management, and judicial uniformity in upholding federal values.

Keywords: Indian Constitution, Federalism, Centre-State Relations, Judicial Pronouncements, Fiscal Federalism, Cooperative Governance, Political Federalism

BLOCKCHAIN IN THE INDIAN FINANCIAL SECTOR: LEGAL CHALLENGES, REGULATORY GAPS, AND OPPORTUNITIES FOR INNOVATION

AUTHOR(S) – SPARSH RATHI* & DR. SHEFALI RAIZADA**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA

** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA

BEST CITATION – SPARSH RATHI & DR. SHEFALI RAIZADA, BLOCKCHAIN IN THE INDIAN FINANCIAL SECTOR: LEGAL CHALLENGES, REGULATORY GAPS, AND OPPORTUNITIES FOR INNOVATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 225-230, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Blockchain technology has emerged as a transformative innovation in the financial sector, enabling decentralized, secure, and transparent transaction systems. In India, its application within banking and financial services presents significant opportunities for cost savings, efficiency, and financial inclusion. However, the decentralized nature of blockchain raises complex legal and regulatory challenges. Current Indian laws—including the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949, the Payment and Settlement Systems Act, 2007, and the Information Technology Act, 2000—do not yet provide a comprehensive legal framework for blockchain adoption. Issues surrounding scalability, cybersecurity, anti-money laundering compliance, and cross-border regulation further complicate blockchain’s integration into existing financial systems. This paper explores the definition, features, and working mechanisms of blockchain, examines its financial applications and legal implications, and evaluates the regulatory challenges and opportunities it presents. The study underscores the urgent need for a unified and adaptive legal framework to ensure blockchain’s alignment with India’s financial regulatory architecture while harnessing its full potential.