Author: PRASANNASRI26092001

CUSTODY, COERCION, AND COMPLICITY: A CONCEPTUAL AND THEORETICAL FRAMEWORK OF CUSTODIAL VIOLENCE IN INDIA

AUTHOR – RACHIT MATHUR, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – RACHIT MATHUR, CUSTODY, COERCION, AND COMPLICITY: A CONCEPTUAL AND THEORETICAL FRAMEWORK OF CUSTODIAL VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 246-252, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In India, custodial violence cannot be addressed without regard to the conditions that create it. Prior to exploring the legal protections and judicial responses to custodial deaths, it is important to lay down a preliminary framework of understanding – a framework that defines the notion of custody, the typology of custodial violence, and the underlying causes that allow custodial violence to flourish despite constitutional prohibitions. This Research Paper seeks to provide that foundation. The Research Paper starts with a distinction between the two main types of custody in the Indian criminal justice system: police custody and judicial custody. Although both involve state power over a person’s liberty, they vary in terms of the power exercised, the conditions under which they operate and the potential for abuse. This difference is not just semantic – it impacts the legal remedies and accountability frameworks that apply. Drawing on this distinction, the Research Paper then moves on to mapping the typology of custodial violence, which includes physical torture, psychological torture, fake encounters and custodial rape. These are not only associated with different legal consequences, but also different forms of power abuse by State authorities. The Research Paper then moves on to the institutional and structural causes of custodial violence – the pressure on the police to extract confessions, political interference in police work, lack of professional training, and systemic social biases – and relates these factors to the theories of state accountability and institutional abuse of power. In all, these discussions demonstrate that custodial violence is not an anomaly, but a failure of the Indian system of policing.

FROM DIGITAL EVIDENCE TO ACQUITTAL: A CRITICAL EXAMINATION OF INVESTIGATIVE AND PROCEDURAL FAILURES IN THE PROSECUTION OF CYBER AND ECONOMICS CRIMES IN INDIA

AUTHOR – SIDDHARTH NEGI, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – SIDDHARTH NEGI, FROM DIGITAL EVIDENCE TO ACQUITTAL: A CRITICAL EXAMINATION OF INVESTIGATIVE AND PROCEDURAL FAILURES IN THE PROSECUTION OF CYBER AND ECONOMICS CRIMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 234-245, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study critically examines the role of digital evidence in the prosecution of cyber and economic crimes in India, with a specific focus on the gap between evidentiary potential and judicial outcomes. While the legal framework—particularly the Bharatiya Sakshya Adhiniyam, 2023 and the Information Technology Act, 2000—formally recognizes electronic records as admissible evidence, practical challenges continue to undermine their effectiveness in securing convictions. The research analyses investigative and procedural shortcomings, including improper collection, weak chain of custody, lack of technical expertise among law enforcement, and non-compliance with statutory requirements such as certification under Section 63. It further highlights systemic issues such as inadequate forensic infrastructure, jurisdictional complexities, encryption barriers, and delays in expert examination. Judicial hesitation and inconsistent interpretation of admissibility standards further complicate the evidentiary process. Through doctrinal and analytical methods, the study demonstrates that despite legislative advancements, digital evidence often fails to meet the threshold of reliability required in criminal trials, leading to acquittals. The paper concludes by emphasizing the need for capacity building, standardized forensic protocols, inter-agency coordination, and judicial training to bridge the gap between digital evidence and effective prosecution in India’s evolving cybercrime landscape.

Keywords:
Digital Evidence, Cyber Crime, Bharatiya Sakshya Adhiniyam, Chain of Custody, Forensic Investigation

ENCOUNTER KILLINGS IN INDIA: A LEGAL, CONSTITUTIONAL AND CRIMINAL LAW PERSPECTIVE

AUTHOR – SAKSHAM KATHURIA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SAKSHAM KATHURIA,ENCOUNTER KILLINGS IN INDIA: A LEGAL, CONSTITUTIONAL AND CRIMINAL LAW PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 225-231, APIS – 3920 – 0001 & ISSN – 2583-2344.

Encounter killings, commonly understood as deaths resulting from alleged armed confrontations between police forces and suspected criminals, have increasingly become a recurring feature of India’s law enforcement framework. Although such incidents are frequently justified as acts of self-defence, their growing prevalence raises serious concerns regarding constitutional governance, accountability, and the functioning of the criminal justice system. Encounter killings, which are generally described as deaths occurring during alleged police confrontations, have increasingly become a part of India’s law enforcement reality. While authorities often justify such actions as necessary for maintaining order, their growing number raises serious concerns about legality, accountability, and the functioning of the criminal justice system.

A STUDY TO UNDERSTAND THE RECENT AMENDMENTS IN THE PROPERTY LAW IN INDIA: A CRITICAL ANALYSIS

AUTHORS – VATSAL VASHISHTHA, STUDENT AT AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – VATSAL VASHISHTHA, A STUDY TO UNDERSTAND THE RECENT AMENDMENTS IN THE PROPERTY LAW IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 197-225, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI- https://doi.org/10.65393/IJLRV6I821

ABSTRACT

This study critically examines recent amendments in property law in India, focusing on their impact on legal frameworks, regulatory governance, and practical implementation. Key legislative reforms, particularly the Real Estate (Regulation and Development) Act, 2016 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, have been analyzed through a qualitative research approach. The study integrates doctrinal analysis with empirical insights derived from semi-structured interviews conducted with diverse stakeholders, including legal practitioners, regulatory officials, developers, property owners, and policy experts.

The findings reveal that while these reforms have significantly enhanced transparency, accountability, and consumer protection at the structural level, their effectiveness is constrained by persistent implementation challenges. Issues such as bureaucratic inefficiency, administrative delays, corruption, and lack of coordination among institutions continue to limit the realization of reform objectives. Thematic analysis identifies key dimensions of reform, including digitization, regulatory oversight, procedural safeguards, and compensation mechanisms. Judicial interpretation has played a critical role in reinforcing constitutional protections under Article 300A, although inconsistencies in interpretation remain.

The study also highlights the gap between legislative intent and ground-level realities, particularly affecting marginalized groups and rural stakeholders. It concludes that while property law reforms represent a significant normative advancement, their success depends on improved institutional capacity, technological integration, and inclusive governance. The research contributes to existing literature by providing an integrated, qualitative perspective that connects legal, institutional, and socio-economic dimensions of property law reforms in India.

Keywords: Property Law Reforms, RERA, Land Acquisition, Transparency, Accountability, Regulatory Governance, Digitization, Judicial Interpretation, Article 300A, Stakeholder Perception, Implementation Challenges, India.

“FROM EXCEPTION TO NORM: THE TRANSFORMATION OF BAIL UNDER UAPA”

AUTHOR – RAM ARORA, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – RAM ARORA, “FROM EXCEPTION TO NORM: THE TRANSFORMATION OF BAIL UNDER UAPA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 191-196, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The dissertation explores the ongoing tension in India between the demands of national security and the protection of civil liberties, particularly as reflected in the bail framework under special criminal laws. The well-established principle that “bail is the rule and jail the exception,” laid down in State of Rajasthan v. Balchand, becomes difficult to sustain in practice due to statutes such as the Unlawful Activities (Prevention) Act, 1967 and the National Investigation Agency Act, 2008. These laws introduce heightened thresholds for granting bail, requiring courts to undertake a preliminary evaluation of the case even before trial begins.

As a result, judicial decision-making is constrained, often leading to extended periods of pre-trial detention. This raises important concerns under Articles 14 and 21 of the Constitution, which guarantee equality before the law and protection of personal liberty. Bail, in this context, is not merely procedural but closely tied to the presumption of innocence and the right to a fair and speedy trial. Earlier decisions, such as Gudikanti Narasimhulu v. Public Prosecutor, strongly reinforced these principles. However, later rulings most notably National Investigation Agency v. Zahoor Ahmad Shah Watali have shifted the balance by limiting judicial scrutiny and giving primacy to the prosecution’s version at the bail stage.

Section 43D(5) of the UAPA has been particularly criticised for turning bail hearings into proceedings resembling a trial, while simultaneously restricting the accused from effectively challenging the evidence presented by the prosecution. This issue is not merely theoretical but is evident in everyday judicial practice. Bail hearings in trial courts often span multiple sittings and involve detailed examination of case records and investigative materials. In places such as Delhi, it is common for accused individuals to remain in custody for long durations before their trials even begin, making the process itself burdensome and punitive.

The dissertation analyses whether the operation of bail provisions under such special laws aligns with constitutional requirements of fairness, proportionality, and due process. It also situates the Indian framework within a broader comparative and international context concerning pre-trial detention.

The central argument advanced is that the cumulative effect of stringent bail provisions, systemic delays, and limited judicial scrutiny has normalized what were intended to be exceptional measures. In practice, pre-trial detention begins to function as a form of punishment rather than a preventive mechanism. This development calls for critical examination, as it risks undermining core principles of criminal justice. The study ultimately argues for clearer judicial standards, stronger procedural safeguards, and legislative reform to restore a more balanced approach between national security imperatives and individual liberty.

Keywords- Bail jurisprudence, Pre-trial detention, National security, Presumption of innocence, Due process.

ARTIFICIAL INTELLIGENCE AND THE TRANSFORMATION OF MORTGAGE LENDING IN INDIA

AUTHOR – LAAVANYA NAIR, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY, PUNE, LAVASA CAMPUS

BEST CITATION – LAAVANYA NAIR, EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 183-190, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I819

Abstract

India’s housing finance sector stands at a critical inflection point. Rising urbanisation, a growing middle class, and government-led affordable housing initiatives have expanded mortgage demand dramatically; yet the traditional lending model — characterised by manual underwriting, paper-intensive documentation, and branch-dependent distribution — has struggled to keep pace. Artificial intelligence (AI) has emerged as the key technological disruptor capable of bridging this structural gap. This paper examines how AI is reshaping mortgage origination, credit assessment, fraud detection, and regulatory compliance within the distinct context of the Indian financial ecosystem. Drawing on market data, regulatory developments including the Reserve Bank of India’s Digital Lending Directions 2025, and industry case studies, the paper argues that AI-driven innovation is not merely improving operational efficiency but is fundamentally democratising access to housing credit for underserved populations. Challenges around data privacy, algorithmic bias, and the need for explainable AI are also critically examined, along with a forward-looking policy framework for responsible adoption.

Keywords: Artificial Intelligence, Mortgage Lending, Housing Finance, India, Fintech, Credit Assessment, RBI, Financial Inclusion

THE PARADOX OF PROTECTION: ADOLESCENT AUTONOMY VERSUS MANDATORY PROSECUTION UNDER THE BHARATIYA NYAYA SANHITA, 2023 AND THE POCSO ACT, 2012

AUTHOR – HARINISHREE.K.K* & MRS.JISHA.J.S**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – HARINISHREE.K.K & MRS.JISHA.J.S,THE PARADOX OF PROTECTION: ADOLESCENT AUTONOMY VERSUS MANDATORY PROSECUTION UNDER THE BHARATIYA NYAYA SANHITA, 2023 AND THE POCSO ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 173-182, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Bharatiya Nyaya Sanhita, 2023 (BNS) together constitute the primary legislative architecture governing sexual offences against children in India. While these statutes serve a compelling protective function, their categorical prohibition of all sexual activity involving persons below the age of eighteen years irrespective of consent, the nature of the relationship, or the age differential between the parties has produced a paradox: the law designed to shield adolescents from exploitation simultaneously criminalises consensual peer relationships, exposing young persons to the very harms of stigma, trauma, and systemic injustice that protective legislation seeks to prevent. This article undertakes a critical doctrinal and comparative analysis of the tension between adolescent autonomy and mandatory prosecution under the POCSO Act and the BNS. Drawing upon constitutional principles embedded in Articles 14, 19, and 21 of the Constitution of India, the evolving capacities doctrine of the United Nations Convention on the Rights of the Child (UNCRC), and the best interests of the child standard, the article demonstrates that the current framework is disproportionate in its application to consensual adolescent relationships. The absence of a proximity-in-age exception, the mandatory reporting obligation under Section 19 of the POCSO Act, the limited scope for prosecutorial and judicial discretion, and the weaponisation of these statutes in cases involving inter-caste or inter-religious relationships collectively reveal a structural lacuna in the Indian legal order. Through a comparative survey of the legal frameworks of the United Kingdom, Canada, the United States, the Netherlands, and South Africa, the article identifies best practices and proposes a set of targeted legislative, judicial, and institutional reforms aimed at reconciling the protective objectives of the existing legislation with the recognition of adolescent agency and the evolving capacities of young persons.

Keywords: POCSO Act, Bharatiya Nyaya Sanhita, adolescent autonomy, age of consent, mandatory prosecution, proximity-in-age exception, evolving capacities, child sexual offences, India, criminal law reform.

INVISIBLE WORKERS, INVISIBLE RIGHTS: THE CASE FOR FORMAL LEGAL RECOGNITION OF DOMESTIC WORKERS IN INDIA

AUTHOR – MUTHURAMALINGAM T* & MRS.JISHA J S**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – MUTHURAMALINGAM T & MRS.JISHA J S, INVISIBLE WORKERS, INVISIBLE RIGHTS: THE CASE FOR FORMAL LEGAL RECOGNITION OF DOMESTIC WORKERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 164-172, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Domestic workers constitute one of the largest and most economically precarious categories of labour in India, estimated to number between four and fifty million. Despite the essential nature of their services—encompassing cooking, childcare, elder care, sanitation, and household management—they remain systematically excluded from the principal protections of Indian central labour law. This article critically analyses the constitutional, statutory, and international dimensions of that exclusion. It demonstrates that the non-coverage of domestic workers under key legislation such as the Minimum Wages Act 1948, the Employees’ State Insurance Act 1948, and the four Labour Codes enacted between 2019 and 2020 cannot be reconciled with the constitutional guarantees of equality, dignity, and the prohibition of forced labour enshrined in Articles 14, 21, and 23 of the Constitution of India. Drawing on comparative analysis of legislative models from the Philippines, South Africa, Brazil, Uruguay, and the United Kingdom, the article proposes a model Domestic Workers (Protection, Welfare and Social Security) Act for India. It further argues that India’s failure to ratify ILO Convention No 189 places it in an internationally anomalous position. The article concludes that formal legal recognition of domestic workers is not merely a matter of policy preference but a constitutional and human rights imperative.

Keywords: domestic workers; labour law; India; ILO Convention 189; informal employment; gender; caste; social security; constitutional rights; legislative reform.

“BREAD AND ROSES”: PROTECTION OR PHANTOM OF JUDICIARY

AUTHOR – MADHURIMA DE & RUPREKHA CHATTERJEE

ASSISTANT PROFESSORS AT SHYAMBAZAR LAW COLLEGE

BEST CITATION – MADHURIMA DE & RUPREKHA CHATTERJEE, “BREAD AND ROSES”: PROTECTION OR PHANTOM OF JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 154-163, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I816

Abstract

“The power of the working class is the hope of the nation” —Van Jones.

Work enriches mind, will and emotions & leads to the ripeness of society. Without the right to work our vaunted political liberty becomes mockery. It is rightfully said by Danis Waitley that work is not just about making a living, it is about making a life. One who makes the life of a nation by their responsive work are need to be protected by the nation itself not for them but for the amelioration of mankind. It is the bit part of judiciary to palisade the workers. Indian Judiciary has made essay to shield them by implementing a set of laws to ensure fair wages, equitable condition of work, sickness benefits, disease or accidental compensations etc. The passing of laws like Employees Compensation Act 1923, Payment of Wages Act 1936, Factories Act 1948, Industrial Dispute Act 1947 have imparted redolent revamping because the informalization of work is the thrust of ongoing process of globalization. Guaranteeing an entitlement to work represents societal concern towards workers. The Judiciary has the authority to execute the requirements of the act and make sure the industry honour their commitments in securing worker’s rights as there is a category of persons in whom the right inheres and the other is of persons against whom rights be enforced and thus the relationship that enchains those entitled to the right to those obliged to enforce it is rarely absolute. This study highlights the rights that are strongly protected by the judiciary then attempts has been made to develop people’s understanding in what is right to work & how to exercise it. This study tries to unravel the paucities that are there in Indian system & how far the judiciary is booming to protect working sector in India. This study aims to establish a nexus between judiciary’s the success & failure.

Keywords: Worker’s rights, Industrial dispute, Wage, Globalization, Employees Compensation.

AN ANALYTICAL STUDY OF THE INTERPLAY BETWEEN THE PREVENTION OF MONEY LAUNDERING ACT (PMLA) AND THE PREVENTION OF CORRUPTION ACT (PCA) IN CURBING ECONOMIC CRIMES IN INDIA

AUTHOR – MANAVJIT SINGH KOCHHAR, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – MANAVJIT SINGH KOCHHAR, AN ANALYTICAL STUDY OF THE INTERPLAY BETWEEN THE PREVENTION OF MONEY LAUNDERING ACT (PMLA) AND THE PREVENTION OF CORRUPTION ACT (PCA) IN CURBING ECONOMIC CRIMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 108-153, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I815

ABSTRACT

Money laundering and corruption are intricately linked issues in India, posing significant challenges to the nation’s economic integrity and governance. Corruption acts as a facilitator for money laundering, enabling illicit funds to be integrated into the formal economy. High-profile cases involving public officials highlight how bribery and embezzlement create pathways for laundering activities, often involving complex financial transactions that obscure the origins of dirty money.

The Prevention of Money Laundering Act (PMLA) and various anti-corruption frameworks have been established to combat these issues. However, enforcement remains inconsistent, often hindered by political interference and bureaucratic inefficiencies. This dynamic perpetuates a cycle where corrupt practices breed more corruption, allowing laundered funds to flow back into corrupt systems, thereby underminingpublic trust andeconomic development.

Furthermore, the nexus between organized crime and corrupt officials exacerbates the situation, leading to a loss of government revenue and exacerbating socio -economic disparities. Addressing these intertwined challenges requires comprehensive reforms, improved transparency, and robust accountability mechanisms to disrupt the cycle of corruption and money laundering. By understanding this relationship, policymakers can develop targeted strategies to enhance governance and restore integrity within India’s financial systems.