Author: PRASANNASRI26092001

THE ANATOMY OF INSURANCE FRAUDS IN INDIA: PREVENTION AND DETECTION

AUTHORS – MS. JOTHI POORNA S* & MS. T. VAISHALI **, LLM SCHOLAR* & ASSISTANT PROFESSOR OF LAW** AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL), CHENNAI

BEST CITATION – MS. JOTHI POORNA S & MS. T. VAISHALI, THE ANATOMY OF INSURANCE FRAUDS IN INDIA: PREVENTION AND DETECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 863-870, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The insurance sector plays an important role as a financial safeguard for the economic stability of individuals and businesses. It provides a blanket protection to businesses and events offering financial relief and security in case of unforeseen events. Over the years the Indian insurance sector has witnessed substantial growth, with an increasing number of individuals and entities seeking coverage for life, property, health, and more. However, with growth comes challenges insurance fraud has emerged as a critical issue in the insurance sector leading to significant financial losses and breach of trust between the insurers and policyholders. The lack of a robust verification process, comprehensive training, and awareness programs are key attributes of insurance fraud. The regulatory framework in India spearheaded by the Insurance Regulatory and Development Authority of India (IRDAI) has taken proactive measures to address these challenges but despite these efforts, the dynamic nature of insurance fraud demands continuous innovation and prevention strategies. As the insurance sector evolves it should also be able to adopt recent trends to combat the ongoing frauds if not addressed soon it will lead to a cycle of distrust and inefficiency between the insurers and policyholders which can be challenging to break. This article analyses the various forms of insurance fraud rampant in India and seeks to shed light on effective strategies for prevention and detection.

Keywords: Insurance fraud, strategies, detection, prevention, regulatory framework.

HATE SPEECH REGULATION IN INDIA – LEGAL FRAMEWORK, DIGITAL CHALLENGES, AND SOCIETAL IMPLICATIONS

AUTHOR – SARTHAK BOBADE, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES (NMIMS)

BEST CITATION – SARTHAK BOBADE, HATE SPEECH REGULATION IN INDIA – LEGAL FRAMEWORK, DIGITAL CHALLENGES, AND SOCIETAL IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 852-862, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

How do we navigate the complex interplay between freedom of speech and the imperative to combat hate speech in India? This paper embarks on a multidimensional exploration, traversing the legal, digital, and societal landscapes to unravel the intricacies of hate speech regulation in the country. Delving into the labyrinthine corridors of legislation and jurisprudence, it scrutinizes the contours of hate speech laws, constitutional safeguards, and pivotal judicial pronouncements. But as the digital age ushers in unprecedented challenges, how do we regulate hate speech in the vast and nebulous realm of cyberspace? This inquiry navigates through jurisdictional conundrums, the transformative influence of online intermediaries, and the blurred boundaries of digital discourse. Beyond the legal realm, the paper illuminates the societal reverberations of hate speech, probing its corrosive impact on marginalized communities and the delicate fabric of societal cohesion. Yet, amidst these challenges, how do we forge a path forward? From legislative reforms to grassroots initiatives, it explores a spectrum of strategies aimed at fostering inclusivity, nurturing digital literacy, and cultivating empathetic dialogue. As the symphony of voices resounds across the digital ether, how do we harmonize the cacophony of conflicting interests and aspirations? This paper aspires to provide a resonant chord, weaving together insights from legal precedents, digital dynamics, and societal perspectives to chart a course towards a more equitable and compassionate society. In its essence, this paper is not merely an academic pursuit but a clarion call for collective introspection and concerted action. How do we reconcile the soaring ideals of free speech with the imperative to confront hate speech? Join us on this odyssey as we navigate the enigmatic waters of freedom, expression, and the quest for a more just and harmonious society. In 2023, India recorded 668 documented hate speech events that targeted Muslims, according to a report released by India Hate Lab, a Washington DC-based group that documents hate speech against India’s religious minorities. The report, titled ‘Hate Speech Events in India’, noted that while 255 events took place in the first half of 2023, “the number rose to 413 in the second half of the year, a 62% increase”. India is characterized by abundant cultural, linguistic, and religious diversity. The importance of understanding the impact of hate speech in this context should not be underestimated. Hate speech might have a dramatic effect on social harmony, individual well-being, and the democratic fabric of a nation, with a disproportionate impact on minorities and marginalized communities. Researchers agree that exposure to hate speech may be associated with political radicalization and political violence.

PENAL POPULISM IN INDIA: THE EXPANSION OF THE DEATH PENALTY AND THE RISE OF EXTRAJUDICIAL JUSTICE

AUTHOR – NEHA RAJESH, STUDENT AT NALSAR UNIVERSITY OF LAW, HYDERABAD.

BEST CITATION – NEHA RAJESH, PENAL POPULISM IN INDIA: THE EXPANSION OF THE DEATH PENALTY AND THE RISE OF EXTRAJUDICIAL JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 843-851, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the rise of penal populism in India, characterized by political efforts to respond to public fear of crime by imposing harsher punishments, often at odds with expert recommendations. Drawing on two case studies—(i) the expansion of the death penalty for sexual offences in the aftermath of the Nirbhaya and Kathua rape cases, and (ii) the rise of extrajudicial practices like bulldozer demolitions and police encounter killings in Uttar Pradesh—the paper illustrates how penal populism has influenced both substantive and procedural aspects of Indian criminal law. While public outrage, fuelled by media sensationalism, has led to the expansion of the death penalty, extrajudicial actions are justified as necessary for swift justice, bypassing established legal procedures. The paper argues that penal populism often undermines the integrity of the justice system by prioritizing public approval over expert-driven policy solutions. It calls for a renewed focus on public education and greater accessibility of legal knowledge to counter populist narratives and restore balance in penal policymaking.

Keywords: Penal populism; Death penalty; Nirbhaya case; Extrajudicial justice; Bulldozer demolitions; Police encounter killings.

TRIBAL LANDS AT STAKE: BALANCING CONSERVATION AND INDIGENOUS RIGHTS

AUTHOR – ANURAG CHAUDHARY, ADVOCATE AT DELHI HIGH COURT

BEST CITATION – ANURAG CHAUDHARY, TRIBAL LANDS AT STAKE: BALANCING CONSERVATION AND INDIGENOUS RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 839-842, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

“It is the power of our democracy that a daughter born in a poor house, a daughter born in a remote tribal area, can reach the highest constitutional post of India,”

– Droupadi Murmu (President of India) The above stamen given by our president which tell the achievement of not only a women but a tribal women who hold the highest position in country but is it there with all tribes if not what we can do to save the right of people is being analyzed in this paper

IMPLICATIONS OF FORM- 27 AMENDMENTS INTRODUCED IN 2024 PATENT RULES

AUTHOR – PUNEET KAUR, STUDENT AT BHARATI VIDYAPEETH INSTITUTE OF MANAGEMENT AND RESEARCH, DEPARTMENT OF LAW, NEW DELHI, BHARATI VIDYAPEETH (DEEMED TO BE UNIVERSITY)

BEST CITATION – PUNEET KAUR, IMPLICATIONS OF FORM- 27 AMENDMENTS INTRODUCED IN 2024 PATENT RULES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 831-837, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

An invention that offers novel technical solutions, such as new products or processes, is granted exclusive rights by a patent. The Indian Patents Act of 1970 ^[1] requires patent holders and licensees to fully commercialize their patents in India, assuring public benefit through commercial exploitation. As required by Section 146(2)^[2], compliance necessitates the submission of Form 27 statements outlining the scope of patent exploitation. Changes that went into effect in 2024 changed the submission schedule from annual to triennial, which decreased the frequency of compliance for patents awarded after April 2023. This change tries to make reporting easier and define concepts like “adequate extent,” which were controversial before. Examining Form 27’s function after the modification, the paper concentrates on how it affects applications for compulsory licenses of newly issued patents.

KEYWORDS: Working Statement, Form- 27, Compulsory License, Patent Amendment Rules 2024

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[1] THE PATENTS ACT, 1970 ACT NO. 39 OF 1970

[2] THE PATENTS ACT, 1970 S 146(2), ACT NO. 39 OF 1970

ECONOMIC CRIME – ONLINE BANKING FRAUD & ITS TYPES

AUTHORS – K. SHIVASANKARI* & MS. T. VAISHALI**, LLM SCHOLAR* & FACULTY OF LAW** AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – K. SHIVASANKARI & MS. T. VAISHALI, ECONOMIC CRIME – ONLINE BANKING FRAUD & ITS TYPES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 827-831, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Banking Industry has undergone digital disruptions at a massive level. Online booking, mobile apps, and E-bill payments have become the norm. People are mostly occupied by the internet, computer, and mobile phones nowadays. Banking transactions are digitized from back end to front end, and digital transactions are made without any human intervention. This study has been undertaken to analyze online banking frauds such as phishing, smishing, card fraud, etc., and also the causes behind it. And giving the preventive measures to the people to safeguard from Online bank fraud in India. Online banking, while offering unparalleled convenience, has also become a prime target for cybercriminals. This paper delves into the multifaceted landscape of online banking frauds, examining their various types and the sophisticated techniques employed by perpetrators. We discuss the most prevalent methods, including phishing, vishing, smishing, malware attacks, and social engineering. Additionally, the paper explores the financial and psychological implications of these frauds on victims, highlighting the need for robust security measures. By understanding the intricacies of online banking frauds, individuals and financial institutions can adopt proactive strategies to mitigate risks and safeguard sensitive information. Online banking fraud is a rapidly growing problem in the digital age. It occurs when criminals gain unauthorized access to an individual’s online bank account and transfer funds without their knowledge or consent.

KEY WORDS: Banking fraud, digital transaction, scams

“ANALYSIS OF THE ROLE OF PUBLIC INTEREST LITIGATION (PIL) IN ENSURING JUSTICE IN INDIA”

AUTHOR – MR. SHARMA RAJIV, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), PUNE LAVASA CAMPUS – ‘THE HUB OF ANALYTICS’

BEST CITATION – MR. SHARMA RAJIV, “ANALYSIS OF THE ROLE OF PUBLIC INTEREST LITIGATION (PIL) IN ENSURING JUSTICE IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 814-826, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Public Interest Litigation (PIL) has turned into a revolutionary judicial development in India Which provided legal remedies to the deprived sections of the society, has protected the constitutionally enshrined fundamental rights, has helped in establishing accountability of governments. Developed originally in the last quarter of the twentieth century with the help of two Supreme Court Judges P.N. Bhagwati and V.R. Krishna Iyer, PIL recast the conventional concepts of ‘locus standi’ and made easier for vast cross section of society to seek justice. The constitutional provisions provided under Article 32, 226 and the under Art. 21 of the Consti. has enabled the courts to deliver path breaking judgements for socio-economic justice for citizens, environmental issues and structural discrimination.

Landmark cases that are examples of the PIL are Hussainara Khatoon^[1] on Speedy Trial, Vishakha on Sexual Assault at the workplace of the Govt. and Non-government institutions, M.C. Mehta vs. UOI on protection of environment. PIL has its draw-backs, which involves abuse, filing of deliberate applications and judicial overtones which could compromise the judiciary’s authority or an invasion of legislative or executive arm of government. PIL filings compound the problem of congestion in the judicial system and more focus on the requirement for procedural measures and organizational changes.

This paper assesses the legal Framework and socio-political implications of PIL and the areas of improvement, such as screening processes, compliance with legal guidelines, and overall infrastructure, for its improvement. There Should be Proper middle ground between judicial activism and judicial ultra vires to retain PIL as a mechanism of justice with regard to its enforcement of the Constitution, Equality, Responsibility, and Governance.

Key Words: Public Interest Litigation, Judicial efficiency, Judicial overreach, Separation of powers, Misuse.

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[1] Hussainara Khatoon v. State of Bihar, 1979 AIR 1369.

ALGORITHMS ON TRIAL: CORPORATE LIABILITY IN THE AGE OF AI

AUTHOR – GAANA SHREE M, STUDENT AT CHRIST ACADEMY INSTITUTE OF LAW

BEST CITATION – GAANA SHREE M, ALGORITHMS ON TRIAL: CORPORATE LIABILITY IN THE AGE OF AI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 808-813, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“The question is not whether machines think, but whether humans do.”

Can artificial intelligence in governance be a friend or foe? The line between innovation and liability is thinning as corporations embrace AI-driven decision-making. In an era of AI, this article unravels the complexities of corporate liability while also illuminating how to use AI’s power without breaking any laws. It looks at how AI has permeated corporate governance, shifting paradigms from being accountable to being auditable, and the urgency of creating legal pathways to handle important ethical issues like bias, transparency, and privacy. This research proposes actionable solutions to mitigate risk for AI, in a manner consistent with full compliance with integrity, through the examination of real-world case studies and regulatory insights. In the end, the study lays out a roadmap to harmonize accountability with the required innovation for AI to be used sustainably.

Keywords: Ethical Governance, A.I. Liability, Innovation vs Accountability, Corporate Risk, Legal Solutions.

A CRITICAL STUDY ON ‘COHABITATION AND PROPERTY RIGHTS’ WITH SPECIAL REFERENCE TO PARTITION BETWEEN UNMARRIED COUPLE

AUTHORS – S. KIRUTHIGA DEVI* & MS. PREETHI. R**, LLM SCHOLAR* & FACULTY OF LAW** AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S. KIRUTHIGA DEVI & MS. PREETHI. R, A CRITICAL STUDY ON ‘COHABITATION AND PROPERTY RIGHTS’ WITH SPECIAL REFERENCE TO PARTITION BETWEEN UNMARRIED COUPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 803-807, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The concept of live-in-relationship has developed from the western countries. Initially, Indians has never accepted the concept of cohabitation by unmarried couple. But later as the society develops slowly, they have recognized the live-in-relationship as legal and not a criminal offence. Legally married couple gets protection from the legislation and this ensures the partition rights, inheritance and also succession from the ancestral property. The Law always ensures that the legally married couple are protected and gets every rights to protect themselves. But always the cohabiting unmarried couples are placed in the repelling poles of the married couple in India. Partition rights are not vested with the man or women in the unmarried relationship only the child born out of the relationship are protected. The concept has adopted from the western culture but the western countries has protect the rights of the unmarried couple by the prenuptial agreement or cohabitation agreement which lays down certain conditions to get  protection by law. So, India can adopt the same from the other countries and can protect the property rights of the unmarried couple in cohabitation.

Key Words : Property, unmarried couple, property rights of women, right to inherit property, cohabitation agreement, comparison.

PREDATORY PRICING: STRATEGIC THEORY AND LEGAL POLICY – AN ANALYSIS

AUTHOR – S. RAMYASHRI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU Dr. AMBEDKAR LAW UNIVERSITY.

BEST CITATION – S. RAMYASHRI, PREDATORY PRICING: STRATEGIC THEORY AND LEGAL POLICY – AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 784-802, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Predatory pricing is a deliberate strategy where a firm sets prices below cost to eliminate competitors, gain market dominance, and later increase prices to recoup losses. This practice, though seemingly consumer-friendly in the short term, can have severe long-term effects on competition and market health. This paper’s primary components include the firm’s pricing strategy, cost structure, market power, and the timeline for recouping losses. Analysing these factors helps determine whether pricing behaviour is truly predatory. Predatory pricing manifests in various forms, including selective pricing (targeting specific markets or competitors) and aggressive discounting. Each type has distinct implications for market competition and requires different regulatory responses. The effects range from the elimination of competitors, reduced market competition, and higher prices in the long term, to potential market monopolization. These outcomes can harm consumers and the overall economic environment. Furthermore it explores the Several theories explain predatory pricing. Each theory provides a different lens through which to assess the likelihood and impact of predatory pricing. It examines Dumping, where goods are sold in a foreign market below cost, can be considered a form of predatory pricing. It involves similar tactics of price suppression to weaken foreign competition, raising concerns at the intersection of trade and competition law. It also explores both Indian and UK development of legal frameworks to address predatory pricing, with India’s Competition Act, 2002, and the UK’s Competition Act, 1998, providing the regulatory backbone. These frameworks aim to balance market freedom with the need to prevent anti-competitive practices. In the digital market, predatory pricing has unique implications due to network effects, low marginal costs, and the dominance of platform-based companies. This environment requires modernized legal approaches to ensure competitive fairness. The Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, and its successor, the Competition Act, 2002, in India, have been instrumental in shaping the regulatory approach to predatory pricing. While the MRTP Act had limitations, the Competition Act provides a more robust framework to address modern market challenges.

KEYWORDS: Predatory Pricing, Dumping, Competition, Monopoly.