Author: PRASANNASRI26092001

POLICE DEVIANCE: STRUCTURES OF LEGAL RESTRAINT ON POLICE FOWERS IN INDIA

AUTHOR: Y.JECINTHA BENADICTA, LLM SCHOLAR AT THE CENTRAL LAW COLLEGE, SALEM

BEST CITATION – Y.JECINTHA BENADICTA, POLICE DEVIANCE: STRUCTURES OF LEGAL RESTRAINT ON POLICE FOWERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 46-63, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

The police, as one of the actors in the criminal justice system, must play an important role in maintaining peace and enforcing law and order in their territory. Its main function is to protect people’s life and property and to protect them from violence, threats, abuse and trouble. So police work has played an important role in the criminal justice system, and it has changed dramatically every day. Today’s police officers must protect people from physical harm, save lives, control traffic and maintain law and order in the streets and public spaces. There is also clear action to prevent crime and violence from children to women and children.^[1] Police deviance occurs when law enforcement officers behave in a manner that is ―inconsistent with the officer’s legal authority, organizational authority, and standards of ethical conduct^[2] Article 21^[3] of the Constitution of India gives hope to the lives of prisoners, under trial and accused persons. These citizens deserve to be treated humanely and legally. In the case of Maneka Gandhi v. Union of India AIR 1978 SC 597, the Supreme Court held that the State and the police as the main law enforcement agency have an inalienable duty to bring criminals to justice. However, the law and the measures taken by the government to achieve this social goal should be in line with international norms. Therefore, the procedure implemented by the authorities should be fair, just and fair.^[4]

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[1] Vijaya Sampat Anandi Jagtap, ―The Police Their Deviances with Special Reference to Some of the Crimes, University, 2010, https://shodhganga.inflibnet.ac.in:8443/jspui/handle/10603/535131.

[2] Deviance Notes – Unit – III POLICE DEVIANCE Police Indian Police Act, 1861 Enacted by British Still – Studocu,‖ accessed October 11, 2024, https://www.studocu.com/in/document/karnataka-state-law- university/llm/deviance-notes/91367211.

[3] Constitution of India| National Portal of India,‖ accessed October 11, 2024, https://www.india.gov.in/my- government/constitution-india.

[4] Maneka Gandhi vs Union Of India on 25 January, 1978,‖ accessed October 11, 2024, https://indiankanoon.org/doc/1766147/.

CASE COMMENT ON ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL & OTHERS, [2020] 7 S.C.R. 180

AUTHOR – MS. SIDDHI KAMLAKAR PHATKARE, STUDENT AT M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI

BEST CITATION – MS. SIDDHI KAMLAKAR PHATKARE, CASE COMMENT ON ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL & OTHERS, [2020] 7 S.C.R. 180, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 21-27, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

BRIEF FACTS OF THE CASE

Dispute over election of Mr. Arjun Panditrao Khotkar (Appellant) in the Maharashtra State Legislative Assembly, 2014 (101 -Jalna constituency) : This case arose from an election dispute in the Maharashtra State Legislative Assembly election for the 101-Jalna constituency in the year 2014. Mr. Arjun Panditrao Khotkar (belonging to Shiv Sena party) won a seat from the Jalna constituency by a slim margin of 296 votes over his rival, Mr. Kailash Kushanrao Gorantyal (belonging to Congress party). Mr. Arjun Panditrao Khotkar secured 45,078 votes, whereas Mr. Kailash Kushanrao Gorantyal secured 44,782 votes.

CASE COMMENT ON RAJESH SHARMA & ORS. VS STATE OF  U.P. & ANR

AUTHOR – VEDANTI BHUSHAN HATE, STUDENT AT M.K.E.S COLLEGE OF LAW, MUMBAI UNIVERSITY

BEST CITATION – VEDANTI BHUSHAN HATE, CASE COMMENT ON RAJESH SHARMA & ORS. VS STATE OF  U.P. & ANR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 16-18, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

The Supreme Court of India, in the case of Rajesh Sharma & Ors. vs. State of U.P. & Anr., addressed the important issues related to the misuse of Section 498A of the Indian Penal Code (IPC). Section 498A of the Indian penal code was introduced in 1983 to  protect women from cruelty in marriages, particularly related to dowry demands, by their husband or in-laws. It made cruelty a punishable offence that is cognizable, non-compoundable, and non bailable However, over the time, it was observed that it was often misused, leading to innocent family members being wrongly accused. This led to wrongful arrest and unnecessary legal dispute. This case not only highlighted the issue but also provided protection for women’s rights, preventing false accusations and wrongful punishment and arrest of innocent people. The Supreme Court issued guidelines by framing rules to avoid unjust arrests and ensure fair treatment for all. These guidelines would help to stop the misuse of law and will ensure that genuine cases are treated properly.

RAKESH RANJAN SRIVASTAVA VS. STATE OF JHARKHAND AND ANOTHER (2024) 3 S.C.R.438; 2024 INSC 205; (2024) 4 SCC 419.

AUTHOR – KANAK S. UPADHYAY, STUDENT AT M.K.E.S COLLEGE OF LAW

BEST CITATION – KANAK S. UPADHYAY, RAKESH RANJAN SRIVASTAVA VS. STATE OF JHARKHAND AND ANOTHER (2024) 3 S.C.R.438; 2024 INSC 205; (2024) 4 SCC 419., INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 12-15, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

This case deals with the interpretation of Section 143A (1) of the Negotiable Instrument Act, 1881(N.I.Act), which is a significant provision that allows a Court to order interim compensation in cheque dishonor cases.^[1] Earlier, there was no provision as to payment of compensation under the N.I.Act. Section 143A was inserted in the N.I.Act through Negotiable Instruments (Amendment) Act, 2018.^[2]Section 143A is prospective in nature and confined to cases where the offences were committed after the introduction of Section 143A in the statute books.^[3] The central issue of this case is whether this provision is directory or mandatory. If it is held directory, what are the factors to be considered for exercising such powers. The Supreme Court ruled that the power to order interim compensation under Section 143A is discretionary, not mandatory. The Court emphasized that the word “may” cannot be construed as “shall,” as such interpretation will be unjust and contrary to the well-settled concept of fairness and justice and it can manifest arbitrariness.

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[1] Section 143A of the Negotiable Instrument Act, 1881.

[2] Inserted by the Negotiable Instrument Act (Amendment)Act, 2018(Act No. 20 of 2018),Sec 2.

[3] G.J.Raja  v. Tejraj  Surana A.I.R. 2019 S.C. 2956

ROLE OF RBI IN INDIA’S ECONOMIC DEVELOPMENT

AUTHOR – HEER CHIRAG SHAH, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – HEER CHIRAG SHAH, ROLE OF RBI IN INDIA’S ECONOMIC DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 08-11, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

The Reserve Bank of India (RBI), India’s central bank, was established on April 1, 1935 under the Reserve Bank of India Act 1934. As the apex monetary institution, the RBI regulates, supervises and develops the country’s financial system. Initially, the RBI’s role was confined to controlling credit, but it has since evolved to encompass a broader range of functions.

THE CONCEPT OF CSR IN INDIA

AUTHOR – YASHODA B. PUROHIT, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – YASHODA B. PUROHIT, THE CONCEPT OF CSR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 03-07, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

Corporate Social Responsibility (CSR) has become a vital part of business strategies for leading organizations worldwide. While there is no universally accepted definition, CSR broadly reflects the idea of businesses taking responsibility for their impact on society and the environment. The idea of CSR is philanthropic which include concepts like sustainability, corporate citizenship, shared value, and business accountability. In the Indian context, CSR has become increasingly significant, especially with the implementation of statutory requirements.

ROLE OF LAW TEACHERS IN LEGAL EDUCATION

AUTHOR – YOGESH PRASAD KOLEKAR, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW

BEST CITATION – YOGESH PRASAD KOLEKAR, ROLE OF LAW TEACHERS IN LEGAL EDUCATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 01-02, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

A law teacher is the first person who introduces law students to legal world and legal concepts. Law teachers are responsible for imparting a comprehensive understanding of legal principles, doctrines, and case laws. A law teacher helps student to develop skill to critically analyze legal systems, laws, and judicial decisions. A law teacher act as a mentor, guiding students in their academic and professional growth. A law teacher should encourage students to contribute to legal knowledge by researching on emerging issues, publishing articles, and even writing books. A law teacher has responsibility to instill professional ethics by inculcating values of integrity, fairness, and social responsibility in future lawyers.

Key words: law teachers’ role, legal skills. legal research, skills development, critical thinking

“DIGITAL ASSETS AND ARBITRATION IN INSOLVENCY PROCEEDINGS: CHALLENGES IN A BORDERLESS BLOCKCHAIN ERA”

AUTHORS – SAGAR DUTTA & HARSHITA DUBEY, STUDENTS OF ST. XAVIER’S UNIVERSITY, KOLKATA

BEST CITATION – SAGAR DUTTA & HARSHITA DUBEY, “DIGITAL ASSETS AND ARBITRATION IN INSOLVENCY PROCEEDINGS: CHALLENGES IN A BORDERLESS BLOCKCHAIN ERA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 38-45, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Digital assets, which include cryptocurrencies, tokens, non-fungible tokens (NFTs), and other blockchain-based assets, pose unique challenges under insolvency laws. Unlike traditional assets, digital assets often exist on decentralized platforms, making them intangible and difficult to categorize within existing legal frameworks.^[1] Insolvency laws across jurisdictions have struggled to define these assets uniformly, leading to fragmented approaches. For example, some jurisdictions classify cryptocurrencies as property, while others view them as commodities or even securities. This lack of harmonization complicates the resolution of insolvency cases where digital assets form a significant part of the debtor’s estate. At the national level, countries like the United States have begun to integrate digital assets into their legal systems, categorizing them under property law for insolvency purposes. In contrast, the European Union has adopted the Markets in Crypto-Assets Regulation (MiCA) to provide a more cohesive regulatory approach. However, the international landscape remains inconsistent. The United Nations Commission on International Trade Law (UNCITRAL) has not yet provided clear guidelines for digital asset classification in insolvency cases, leaving practitioners to rely on bilateral or regional frameworks. This divergence complicates cross-border insolvencies, as courts may struggle to determine the legal status of digital assets held across jurisdictions.^[2]

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^[1] Sharma R. Non-Fungible Token (NFT): What it means and how it works. Investopedia. https://www.investopedia.com/non-fungible-tokens-nft-5115211. Published June 12, 2024.

^[2] Insolvency | United Nations Commission on International Trade Law. https://uncitral.un.org/en/texts/insolvency.

A CRITICAL ANALYSIS OF HEALTH AND SAFETY OF MIGRANT WORKERS

AUTHOR – BHUVANESWARY S & GRACE GODSON B, LLM SCHOLARS AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW.

BEST CITATION – BHUVANESWARY S & GRACE GODSON B, A CRITICAL ANALYSIS OF HEALTH AND SAFETY OF MIGRANT WORKERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 34-37, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The information of employment and Unemployment which is conducted by Ministry of statistics and Program Implementation (MoSPI) since 2017-18. The overview period is July to June of following year. As per the information accessible in most recent Yearly PLFS Reports, the assessed Specialist Populace Proportion (WPR), demonstrating business, on normal status for people of age 15 a long time & over was 50.9%, 52.6% and 52.9% amid 2019-20, 2020-21 and 2021-22, separately. As per the Report Movement in India, 2020-21, based on PLFS    2020-21, discharged by (MoSPI), the add up to movement rate in India was 28.9%. Out of the add up to transient people, around 10.8% people were relocated due to business related reasons. The business related reasons incorporate in look of employment/better work, for work/ work (to take up business/ to take up superior business/ commerce/ nearness to put of work/ exchange) and misfortune of job/closure of unit/lack of work opportunities. With this ever-increasing rate of relocation inside the nation, the act of giving viable healthcare administrations to all remains a challenge. Discoveries from the survey portrayed a few wellbeing issues and dreary conditions, such as the risk of irresistible maladies, work-related ailment, sexually transmitted diseases (STI) and mental clutters. This survey paper recognizes need of social security and wellbeing care scope for the vagrants as pivotal concerns; and in this manner illustrates the require to have all-inclusive urban wellbeing care approaches to guarantee common wellbeing and well-being for transients, along with way better work and living conditions.

“ARTIFICIAL INTELLIGENCE IS A BOON FOR JUSTICE DELIVERY SYSTEM”

AUTHOR – DR. HINA GUPTA, ASSISTANT PROFESSOR AT SHRI RAM COLLEGE OF LAW, MUZAFFARNAGAR, UTTAR PRADESH, INDIA

BEST CITATION – DR. HINA GUPTA, “ARTIFICIAL INTELLIGENCE IS A BOON FOR JUSTICE DELIVERY SYSTEM”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 27-33, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Artificial Intelligence has changed the approach of the technology in 21^st Century now. It would not be wrong to call it the Technological Revolution – 2024. AI can become the boon for human race by its positive use or a curse if it is not carefully handled. Artificial Intelligence has its origin since 1950s but it was not as much developed as today. Primarily, it was purely based on Turing Test only, but now we are living with the developed form of AI. ‘The pendency of Cases’ and ‘Delay in justice delivery’ are two main issues on which India must work and consequently can provide a better shape to Indian Justice Delivery System. AI is actually the up-gradation in technology, with which we all have to live with. Every new thing has some merits and demerits and so as AI has. By providing audio translating system and audio-typing system etc. our respected Judicial officers are becoming more efficient and justice delivery system is becoming more transparent. After adopting this form of AI in our judicial system the Clients can now read any order or Judgment in their own native language. In this paper, the Author is highlighting the features of AI, which are helping Judicial System and simultaneously the solutions of few gaps in execution of AI in Justice Delivery.

Keywords: AI, AI a boon, Justice, Justice delivery system, Technological revolution.