Author: PRASANNASRI26092001

LEGAL AID AND FAIR TRIAL: ANALYZING CONSTITUTIONAL PROVISIONS AND PROCEDURAL BARRIERS

AUTHOR – JANVI BHARTI* & VATSAL CHAUDHARY**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY. EMAIL: DABIYANJANVI@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE, DEHRADUN, UTTARANCHAL UNIVERSITY, EMAIL: VATSALCHAUDHARY@UUMAIL.IN

BEST CITATION – JANVI BHARTI & VATSAL CHAUDHARY, LEGAL AID AND FAIR TRIAL: ANALYZING CONSTITUTIONAL PROVISIONS AND PROCEDURAL BARRIERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 933-938, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

There is a linked concept of legal aid and fair trial serve as essential features for constitutional democracies with specific emphasis on India. Foreign to the Indian Constitution Article 21 establishes these rights as vital protects that enable justice access and enforce the rule of law. The document analyzes legal aid delivery mechanisms through Indian constitutional applications and Supreme Court rulings and Legal Services Authorities Act 1987 statutory guidelines. The document defines essential fair trial conditions and spotlights essential institutional limitations which block their execution by showing insufficient legal information access along with bad representation and extended judicial processes and discriminatory systems. The article provides practical recommendations for legal awareness and service quality improvement that uses technology within judicial processes and draws its insights from UK, USA, and South African experiences. The system needs an integrated rights-focused strategy to convert theory into actual delivery of legal aid services for disadvantaged groups.

SHELL COMPANIES, TAX EVASION, AND THE LEGAL FRAMEWORK IN INDIA

AUTHORS – SHISHIR TIWARI* & DR AXITA SHRIVASTAVA**

* LL.M (BUSINESS LAW), AMITY UNIVERSITY, LUCKNOW.

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW.

BEST CITATION – SHISHIR TIWARI* & DR AXITA SHRIVASTAVA, SHELL COMPANIES, TAX EVASION, AND THE LEGAL FRAMEWORK IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 922-932, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper provides a comprehensive analysis of shell companies and their role in facilitating tax evasion within the Indian context. It examines the legal and financial characteristics of these entities, differentiating between their legitimate and illegitimate uses. A significant challenge identified is the absence of a specific statutory definition for “shell company” in the Companies Act, 2013, creating regulatory loopholes. The paper details various tax evasion methodologies employed using shell companies, including layering, fictitious invoicing, round-tripping, and treaty shopping. It further analyses the existing legal framework – encompassing the Companies Act, 2013, the Prevention of Money Laundering Act (PMLA), 2002, the Income Tax Act, 1961, SEBI regulations, and the Benami Transactions (Prohibition) Amendment Act, 2016 – and evaluates its effectiveness. Landmark judicial pronouncements on lifting the corporate veil are discussed to understand how courts interpret corporate identity in cases of fraud and evasion. The significant economic impact, including revenue loss, financial system distortion, and increased inequality, is highlighted. Finally, the paper reviews government measures to combat this menace, summarizes key findings, and offers recommendations for strengthening the regulatory framework, emphasizing the need for a clear legal definition, enhanced beneficial ownership transparency, robust inter-agency coordination, and international cooperation.

THE INSANITY DEFENCE: BALANCING JUSTICE AND COMPASSION IN MENTAL HEALTH CASES

AUTHOR – HARSHIT JAIN* & UJJWAL KUMAR SINGH**

* STUDENT AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

** ASSISTANT PROFESSOR AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

BEST CITATION – HARSHIT JAIN & UJJWAL KUMAR SINGH, THE INSANITY DEFENCE: BALANCING JUSTICE AND COMPASSION IN MENTAL HEALTH CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 916-921, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

An intricate legal theory that is at the crossroads of law, psychology, and ethics is India’s insanity defence. It is defined by the 22^nd section of the BNS (section 84^th of IPC) recognizes that people having serious behavioural disorders might not be able to comprehend the gravity of their acts, which brings important considerations concerning responsibility, retribution, and recovery. Complicated clinical assessments, a lack of psychological care assets, and societal prejudice are some of the obstacles to the actual application of the theory, which has its origins in the British McNaughten Rules of 1843 and permits offenders with mental illnesses to circumvent conventional penalty.

INDIA’S ACCOUNT AGGREGATOR FRAMEWORK: LEGAL ARCHITECTURE FOR DATA PROTECTION AND CONSENT MANAGEMENT

AUTHOR – SHRUTI KESARWANI* & DR ARVIND P. BHANU**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA UTTAR PRADESH

** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA UTTAR PRADESH

BEST CITATION – SHRUTI KESARWANI & DR ARVIND P. BHANU, THE BLACK BOX OF AI: WHO’S TO BLAME?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 906-914, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines India’s Account Aggregator (AA) framework, a novel financial data-sharing ecosystem that facilitates secure and consent-based exchange of financial information between “Financial Information Providers (FIPs)” and “Financial Information Users (FIUs)”. The research analyzes the legal and regulatory framework underpinning the AA ecosystem, with particular emphasis on data protection mechanisms, consent architecture, and security requirements. The Digital Personal Data Protection Act, 2023 (DPDP Act)^[1] has significantly strengthened the legal foundation of the AA framework by establishing robust provisions for data protection, consent management, and enforcement mechanisms. This paper investigates how the interplay of various regulations shapes the functioning of AAs as intermediaries in financial data sharing while ensuring user privacy and data security. The research concludes that while India’s AA framework represents a progressive approach to consent-based data sharing, several challenges regarding implementation standardization, technological barriers, and regulatory coordination remain to be addressed for the framework to achieve its full potential.

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[1]              The Digital Personal Data Protection Act, 2023 (Act No. 30 of 2023).

THE BLACK BOX OF AI: WHO’S TO BLAME?

AUTHOR – PREKSHA JAYASWAL* & DR. SHEFALI RAIZADA**

* STUDENT AT AMITY UNIVERSITY NOIDA

** DIRECTOR AND JOINT HEAD OF AMITY LAW SCHOOL, NOIDA

BEST CITATION – PREKSHA JAYASWAL, THE BLACK BOX OF AI: WHO’S TO BLAME?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 901-905, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Artificial Intelligence (AI), quickly embraced, or incorporated, into decision-making processes that have changed industries, also creates significant legal challenges. Most significantly, trust in AI is complicated by the “black box” nature of AI, which leads to a consternation about whether a decision is being made and how decisions are being made when everyone involved may be in the dark. This paper examines the disadvantages of non-transparency or lack of transparence of AI, and the issue of trying to assign fault, when AI systems cause injury (or breach of contract). We will look at traditional and any new theories of liability, and compare the laws concerning AI in the European Union, United States and India. The paper concludes with recommendations on the legal and policy front with the aim of bolstering accountability in the use of AI systems, and reliability of AI systems, recognizing that we are attempting to fix, or fill, critical gaps in existing legal and quasi-legal frameworks., with unique complications, showing that fault cannot easily be assigned febrile, ever-evolving machine learning models. Therefore, we must emphasis on transparency, explainability and ethical safeguards, as we argue for forward looking, legally young infrastructure and policy that reasonably encourages innovation while fostering public trust and responsibility.^[1]

Keywords: Artificial Intelligence (AI), Black Box Problem, Legal Liability, AI Accountability, AI Transparency, Machine Learning, Autonomous Systems, Fault Theories, Negligence and AI, Strict Liability, Vicarious Liability.

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[1] Binns, R. (2018). On the Importance of Transparency in AI Systems. Journal of Artificial Intelligence, 1(2), 14-29.

WHY COCA-COLA PREFERS TRADE SECRET PROTECTION OVER PATENTS: A LESSON FOR INDIAN STARTUPS

AUTHOR – MS HETAL BANSAL* & DR AVANTIKA MADHESIYA**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – MS HETAL BANSAL* & DR AVANTIKA MADHESIYA, WHY COCA-COLA PREFERS TRADE SECRET PROTECTION OVER PATENTS: A LESSON FOR INDIAN STARTUPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 957-874, APIS – 3920 – 0001 & ISSN – 2583-2344

1. Abstract

Coca-Cola’s enduring market dominance is significantly attributed to its strategic use of trade secret protection for its iconic beverage formula. Unlike patents, which require public disclosure and have a finite protection period, trade secrets allow Coca-Cola to maintain indefinite exclusivity without revealing proprietary information. This approach ensures sustained competitive advantage, as the formula remains undisclosed, preventing replication by competitors^[1].

In highly competitive markets, trade secret protection offers distinct advantages over patents. Trade secrets encompass a broad range of confidential business information, including formulas, processes, and strategies, without the need for public disclosure. This form of protection is particularly beneficial when the information cannot be easily reverse-engineered and does not meet the stringent criteria for patentability. Additionally, trade secrets do not have an expiration date, allowing for prolonged competitive advantage as long as confidentiality is maintained^[2].

For Indian startups, adopting a trade secret strategy can be advantageous, especially in sectors where innovations are not easily patentable or where the costs and complexities of obtaining patents are prohibitive. However, India’s current legal framework lacks specific legislation dedicated to trade secret protection, relying instead on common law principles and contractual agreements. This absence of robust legal safeguards necessitates that startups implement stringent internal measures, such as non-disclosure agreements and comprehensive security protocols, to protect their proprietary information^[3]. This research employs a qualitative methodology, analyzing case studies and existing literature to explore the efficacy of trade secrets versus patents. Key findings indicate that while trade secrets offer indefinite protection without public disclosure, they require rigorous internal controls to maintain confidentiality. Conversely, patents provide a time-bound monopoly but necessitate full public disclosure, which can be a strategic disadvantage in certain industries. The study underscores the importance for Indian startups to carefully assess their intellectual property strategies, considering both legal protections and practical measures to safeguard their innovations.

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^[1] ‘Understanding Intellectual Property Law through Coca Cola – Zvulony & Co.’ available at:https://zvulony.ca/2010/intellectual-property-law/understanding-intellectual-property-law/  (last visited on Jan 26, 2025)

^[2] Meredith Geaghan-Breiner, ‘Patents and Trade Secrets: Complementary or Competing Modes of IP Protection? – NYU Journal of Intellectual Property & Entertainment Law’ (NYU Journal of Intellectual Property & Entertainment Law29 October 2024)  available at: https://jipel.law.nyu.edu/patents-and-trade-secrets-complementary-or-competing-modes-of-ip-protection/ (last visited on Jan 27, 2025).

^[3] ‘How Coca-Cola’s Trade Secret Built an Empire : Trade Secrets’ (Globalpatentfiling.com2024)  available at:https://www.globalpatentfiling.com/blog/Fizzy-Fortunes-How-Coca-Cola-s-Trade-Secret-Built-an-Empire. (last visited on Jan 28, 2025).

THE EVOLUTION OF LGBTQ+ RIGHTS IN FAMILY LAW:ADOPTION, MARRIAGE AND PARENTHOOD

AUTHOR – MITI JAIN* & MS. SHAMBHAVI MISHRA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSITANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – MITI JAIN & ASST. PROF. PRIYANSHI GUPTA, THE EVOLUTION OF LGBTQ+ RIGHTS IN FAMILY LAW:ADOPTION, MARRIAGE AND PARENTHOOD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 883-891, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The legal and judicial struggle for LGBTQ rights embodies a relentless struggle against deep-rooted discrimination, social marginalization, and legal restrictions in various jurisdictions. Judgments like Navtej Singh Johar v. Union of India and Obergefell v. Hodges have undeniably represented crucial turning points in this movement by, respectively, decriminalizing homosexuality and legalizing same-sex marriage. Nevertheless, in spite of these wins, the path to achieving complete legal equality and protection is still victories. LGBTQ individuals persistently confront systemic challenges, such as the refusal of marriage and adoption rights, widespread employment discrimination, and lasting social stigma. The legal recognition to Lesbian, Gay, Bisexual, Transgender Queer and intersex (LGBTQI+) rights in India have been into limelight in the past few years. Nonetheless, the traces can be found in both the Mahabharata and the Bible. According to the writings of the Bible, the entire practice of unnatural sex is viewed as different and acceptable in some respects. The LGBTQI+ community continues to face numerous socio-legal challenges. The courts and the government share a collective responsibility to collaborate and align their efforts to safeguard individuals’ rights and uphold their dignity. The Transgender Persons (Protection of Rights) Act, 2019 has also failed to close the gap. This paper deals with the lacuna of the Act, the possible solutions as well as the dire need to change the infrastructure in to make the LGBTQI+ community inclusive.

KEYWORDS : LGBTQ rights, homosexuality, employment discrimination, adoption rights, social marginalization,  legal equality and protection

STRIKING THE BALANCE: REHABILITATION AND ACCOUNTABILITY FOR JUVENILE OFFENDERS IN INDIA

AUTHORS – MRUTYUNJAY SARAMANDAL* & ASST. PROF. PRIYANSHI GUPTA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY. EMAIL: MRUTYUNJAYSARAMANDAL1007AL0049@KARNAVATIUNIVERSITY.EDU.IN

** ASSISTANT PROFESSOR OF LAW AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY. EMAIL: PRIYANSHI@KARNAVATIUNIVERSITY.EDU.IN

BEST CITATION – MRUTYUNJAY SARAMANDAL & ASST. PROF. PRIYANSHI GUPTA, STRIKING THE BALANCE: REHABILITATION AND ACCOUNTABILITY FOR JUVENILE OFFENDERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 867-883, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper critically examines the dual imperatives of rehabilitation and accountability within India’s Juvenile Justice (Care and Protection of Children) Act, 2015. Employing a mixed-methods approach, combining doctrinal analysis of statutes and case law with a qualitative review of academic literature, it investigates how international norms, developmental psychology, and classical criminology inform India’s juvenile justice framework. Key findings reveal that while rehabilitation remains the foundational principle underpinned by the United Nations Convention on the Rights of the Child and the Beijing Rules, accountability mechanisms have been strengthened for juveniles aged sixteen to eighteen who commit heinous offences. However, implementation gaps persist due to inadequate infrastructure, limited trained personnel, societal stigma, and weak aftercare programs. Comparative insights from Scandinavia, the United States, Germany, and Japan demonstrate the efficacy of restorative conferencing, diversion schemes, vocational training, and family‐centred models in reducing recidivism. The paper concludes by recommending a calibrated policy mix: enhancing institutional capacity, professional training in child psychology, robust aftercare services, and clear statutory guidelines for preliminary assessments of serious offences. A balanced framework, integrating proportionate accountability with individualized rehabilitation can redirect juvenile offenders toward law‐abiding lives while safeguarding public safety and upholding children’s rights.

IMPACT OF THE “INSOLVENCY AND BANKRUPTCY CODE” ON CORPORATE GOVERNANCE PRACTICES

AUTHOR – UVIKA SINHA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – UVIKA SINHA, IMPACT OF THE “INSOLVENCY AND BANKRUPTCY CODE” ON CORPORATE GOVERNANCE PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 858-865, APIS – 3920 – 0001 & ISSN – 2583-2344

1.1 ENHANCED BOARD ACCOUNTABILITY POST-INSOLVENCY

The “Insolvency and Bankruptcy Code, 2016 (IBC)”, has had an impact on “corporate governance” as it made the board of directors in insolvency cases more accountable. Prior to the passage of the IBC, corporate governance structures did not typically provide proper board oversight in financially stressed firms, thus resulting in mismanagement and delay in dealing with financial instability. The IBC has brought a formalized process of corporate insolvency resolution, where the directors are made to adhere to fiduciary duties and ensure clear decision-making. “Section 17 of the IBC” requires that on the admission of a CIRP, the authority of the “board of directors” is suspended and control over the corporate debtor is transferred to the “resolution professional (RP)”.^[1]

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[1] Rajeshwar Rao, “Rajeshwar Rao: Strengthening the Insolvency and Bankruptcy Code (IBC) framework for effective resolution,” 2024 available at: https://www.bis.org/review/r241218g.htm (last visited March 31, 2025).

THE USE OF MICROBIOME FORENSICS: IDENTIFYING PEOPLE BY THEIR BACTERIA

AUTHOR – NARGIS ANSARI, ADVOCATE & LLM SCHOLAR AT AMITY INSTITUTE OF LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – NARGIS ANSARI, THE USE OF MICROBIOME FORENSICS: IDENTIFYING PEOPLE BY THEIR BACTERIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 851-857, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Microbiome forensics is an emerging field in forensic science that utilizes the unique microbial communities associated with individuals as a novel form of trace evidence. Unlike traditional forensic methods such as fingerprinting or DNA profiling, microbiome forensics examines the personalized “microbial fingerprint” left behind on objects and surfaces through human contact. These microbial communities, shaped by genetics, environment, diet, and lifestyle, exhibit both individuality and temporal stability, making them viable for personal identification and investigative leads. Initially propelled by bioterrorism cases such as the 2001 anthrax attacks, microbiome analysis has since expanded to a wider range of criminal and civil applications. The technique primarily relies on high-throughput DNA sequencing methods like 16S rRNA amplicon sequencing and shotgun metagenomics, followed by advanced bioinformatic analysis. This approach offers advantages over traditional methods, including greater persistence on surfaces, resilience to environmental degradation, and potential to yield contextual information about individuals. However, the field also faces significant challenges such as lack of standardized protocols, dynamic nature of the microbiome, risks of contamination, and ethical concerns regarding privacy. Future directions include integrating microbiome data with traditional forensic techniques, expanding global microbial databases, and applying machine learning to enhance identification accuracy and inference. With continued research and the development of legal and scientific standards, microbiome forensics holds significant promise in reshaping investigative practices and achieving more comprehensive and equitable justice outcomes.

Key words: Microbiome forensics, Human microbiome, Microbial fingerprint, Forensic science,  Trace evidence.