Author: PRASANNASRI26092001

CONSENT AND LEGAL FRAMEWORK CONCERNING MEDICAL NEGLIGENCE CASES IN INDIA: A CRITICAL ANALYSIS AND NEED FOR COMPREHENSIVE REFORM

AUTHOR- AMRITA DAS, STUDENT AT S ‘O’ A NATIONAL INSTITUTE OF LAW, SIKSHA ‘O’ ANUSANDHAN (DEEMED TO BE UNIVERSITY)

BEST CITATION – AMRITA DAS, CONSENT AND LEGAL FRAMEWORK CONCERNING MEDICAL NEGLIGENCE CASES IN INDIA: A CRITICAL ANALYSIS AND NEED FOR COMPREHENSIVE REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 593-602, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Medical negligence is a major problem in India’s healthcare system, as patients’ rights and medical practitioners’ responsibilities frequently conflict with each other. The notion of informed consent is an important part of medical negligence because it protects a patient’s right to be fully informed about the risks, benefits, and alternatives to any medical operation before proceeding. Despite its importance, informed consent is frequently ignored or badly addressed by healthcare practitioners, leading to allegations of negligence. This study critically investigates the function of consent in medical negligence cases and provides an overview of the current legal frameworks governing medical negligence in India. While many statutes, including the Consumer Protection Act, the Indian Penal Code, and judicial precedents, address the issue, the lack of a comprehensive and coherent legal framework leads to inconsistent application of the law and insufficient protection for patients. The analysis demonstrates how failures in informed consent can result in catastrophic medical effects, providing the basis for negligence claims. This article identifies substantial holes in the existing system by delving into legislative frameworks and landmark court judgments, such as the lack of mandated consent protocols and contradictory legal interpretations of carelessness. Furthermore, the study proposes for complete reforms to India’s medical negligence legislation, including stronger legal protections for patients, clearer rules for healthcare providers, and obligatory consent protocols.  

Keywords: Implied Consent, Judicial oversight, Medical Negligence, Professional Indemnity, Standard of Care.

ROLE OF FORENSIC EVIDENCE IN INDIAN CRIMINAL JUSTICE SYSTEM

AUTHOR – SUNAINA JEEVNANI, STUDENT AT AMITY UNIVERSITY, RAJASTHAN

BEST CITATION – SUNAINA JEEVNANI, ROLE OF FORENSIC EVIDENCE IN INDIAN CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 580-592, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

An essential component of contemporary criminal investigations, forensic evidence serves as a lighthouse that directs the search for justice and the truth in the Indian judicial system. By highlighting its significant influence on the administration of justice, this study aims to clarify the crucial role that forensic evidence plays in criminal investigations. This research begins with an overview of forensic science and its development in India. It then goes into great depth on the many types of forensic evidence, including digital, biological, physical, and trace evidence. Highlighting the developments in the area is a thorough review of cutting-edge forensic technology and methods, including ballistics, DNA analysis, fingerprint analysis, and cyber forensic approaches. The legal framework that governs the use of forensic evidence in India is examined, including a detailed examination of current laws, rules, and the admission of such evidence in court. Furthermore, the study recognizes and tackles a number of obstacles and restrictions related to the incorporation of forensic evidence into criminal investigations, such as the urgent problem of backlogs, resource limitations, and the necessity of guaranteeing quality and uniformity. Insightful case examples that highlight the significant impact forensic evidence has had on criminal case results and further highlight its critical function in the criminal justice system enhance the article.

KEYWORDS : Forensic , criminal , investigation , evidence , ballistics

A DETAILED STUDY ON “MODES OF ACQUISITION OF PROPERTY” WITH SPECIAL REFERENCE TO ACQUISITION MADE BY INDIVIDUAL AND SOVEREIGN

AUTHORS – PAVITHRA S* & PREETHI R**, LL.M SCHOLAR* & . FACULTY OF LAW**, DEPARTMENT OF PROPERTY LAW, SCHOOL OF EXCELLENCE IN LAW, TNDALU,

BEST CITATION – PAVITHRA S & PREETHI R, A DETAILED STUDY ON “MODES OF ACQUISITION OF PROPERTY” WITH SPECIAL REFERENCE TO ACQUISITION MADE BY INDIVIDUAL AND SOVEREIGN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 574-579, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

                This paper will explore the legal frameworks and implications of property acquisition by individuals and sovereigns, examining how these modes shape ownership rights and influence the legal landscape. The contrast between individual and sovereign acquisition highlight’s essential themes in property law, such as the balance of private and public interests, the role of compensation, and the mechanisms by which ownership rights are created, transferred, and extinguished. Understanding these modes clarifies the pathways to ownership and emphasizes the fundamental principles governing the rights to property in society.

Key Words:  property, property acquisition, by individuals, by sovereign, private and public interests, compensation, ownership.

“WOMEN AS PERPETRATORS OF CRIME: BREAKING THE STEREOTYPE”

AUTHOR – VAISHNAVI SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – VAISHNAVI SINGH, “WOMEN AS PERPETRATORS OF CRIME: BREAKING THE STEREOTYPE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 567-573, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction: Shifting Perspectives on Female Criminality

For much of history, women have been viewed predominantly as victims within the criminal justice system, often seen as vulnerable or as individuals in need of protection rather than as potential offenders. This portrayal has been shaped by societal norms and gender roles that frame women as inherently nurturing and non-violent. However, in recent years, perceptions of female criminality have been shifting, reflecting a more complex and nuanced understanding of women’s involvement in crime.

ANALYSIS ON INDIA’S EEZ : IT’S ESTABLISHMENT,NEGOTIATION AND DELIMITATION WITH NEIGHBOURING STATES

AUTHOR – NIKTHI, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – NIKTHI, ANALYSIS ON INDIA’S EEZ : IT’S ESTABLISHMENT,NEGOTIATION AND DELIMITATION WITH NEIGHBOURING STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 556-566, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The United Nations Convention on the Law of the sea (UNCLOS) defines an Exclusive Economic Zone as extended 200 nautical miles from the shore, within which The coastal state has the right and responsibility to discover and use living and non-living resources, as well as to safeguard and manage them. India’s fundamental maritime interest is safeguarding its exclusive economic zone. The Exclusive Economic Zone of India is about 2.37 million square kilometers guarded by the Indian Coast Guard ships. The seas and oceans are the principal routes of worldwide trade and communication because they contain various living and nonliving natural resources such as fish, oil, gas, and other minerals. Given the increasing reliance and importance of marine resources on states, specific laws regulating state jurisdiction, sovereignty, rights and privileges, and so on must be devised. Marine delimitation is a notion in territorial sovereignty that can be used to resolve international marine territorial disputes. We are going to investigate about how India has established EEZ ,how to negotiate with the Neighboring nations and their delimitations that will guide them in the right path. We are going to analyze importance of the exclusive economic zone in India which was established in January 1977. From article 55 to article 75 talks about exclusive economic zone their establishment, delimitations, etc…. under UNCLOS.

KEYWORDS: Exclusive economic zone, International law, UNCLOS, Nautical miles

EVIDENTIARY EVOLUTION: RELIABILITY AND AUTHENTICITY OF ELECTRONIC TESTIMONIES UNDER THE BHARTIYA SAKSHYA ADHINIYAM 2023

AUTHOR – NAMITA DADHICH, STUDENT AT AMITY UNIVERSITY, JAIPUR, RAJASTHAN

BEST CITATION – NAMITA DADHICH, EVIDENTIARY EVOLUTION: RELIABILITY AND AUTHENTICITY OF ELECTRONIC TESTIMONIES UNDER THE BHARTIYA SAKSHYA ADHINIYAM 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 541-555, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In today’s digital era, electronic evidence has become a cornerstone in civil and criminal legal proceedings, driven by the widespread use of digital communications and technology. The increasing reliance on electronic records, video and telephonic testimonies, and other forms of digital evidence has introduced both opportunities and challenges for the judiciary. Courts now face the critical task of determining the authenticity, reliability, and fairness of electronic evidence, which is inherently susceptible to manipulation, tampering, and technical discrepancies. The rise of remote testimonies has further emphasized concerns around witness credibility and the impact on cross-examination, raising questions about the adequacy of existing legal frameworks in addressing these issues. The Indian Evidence Act, particularly its provisions on electronic evidence, serves as a foundation for this transformation, but its practical application often reveals gaps in addressing the complexities of modern technological realities.

This research explores the legislative, judicial, and operational challenges in the admissibility and reliability of electronic evidence in India. It examines case law, statutory provisions, and technological advancements such as blockchain and artificial intelligence to understand their impact on evidence law. The study highlights the need for enhanced statutory clarity, judicial training, and standardized protocols for handling digital evidence, while also advocating for interdisciplinary collaboration between legal professionals and technologists. By proposing best practices and emphasizing the importance of fairness, this paper aims to contribute to the development of a robust framework that ensures justice and accountability in an increasingly digital legal landscape.

Keywords: Technology And Law, Digital Governance, Cybersecurity, Privacy Law, Artificial Intelligence, Digital Rights, Interdisciplinary collaboration.

A SYSTEMATIC STUDY ON AI-GENERATED MUSIC AND ITS INFRINGEMENT ON COPYRIGHT

AUTHOR – SAMANVITHA MURALI & NIVEDHA S, STUDENTS AT SASTRA DEEMED UNIVERSITY

BEST CITATION – SAMANVITHA MURALI & NIVEDHA S, “COPYRIGHT IN THE STREAMING AGE: REDEFINING ENFORCEMENT FOR A BORDERLESS DIGITAL WORLD”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 530-540, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The music industry has been greatly impacted by the quick development of artificial intelligence (AI), which has made it possible to produce music that closely resembles the voices and styles of well-known performers. This presents significant ethical and legal issues around copyright infringement, originality, and fair use, even if it also creates fascinating opportunities for creative inquiry. Authorship and ownership conflicts arise because the current Indian Copyright Act of 1957 lacks precise definitions and measures to handle the complexity of AI-generated music and the question of liability still looks unclear. Further the mimicry of AI of the original artists puts them through a huge emotional turmoil as well as revenue concerns. This essay examines these issues, emphasizes Indian and international viewpoints, and makes suggestions for legal changes that strike a balance between artistic freedom and innovation.

Keywords: Artificial Intelligence, Copyright, Fair Use and Musical Work

THE DYING DECLARATION: A POWERFUL TOOL OR A FLAWED TESTIMONY?

AUTHOR – ADITI JAIN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY RAJASTHAN

BEST CITATION – ADITI JAIN, THE DYING DECLARATION: A POWERFUL TOOL OR A FLAWED TESTIMONY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 511-522, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The article examines the complex terrain of legal regulations, court decisions, and the trustworthiness of dying statements in legal proceedings. This research examines the basic legal structure supporting dying declarations, which includes rules like Section 32 of the Indian Evidence Act, 1872, and similar laws in different regions. The article evaluates the practical use and importance of dying declarations in courtrooms by studying relevant case laws such as R v. Woodcock and Matru v. State of U.P., showcasing their strengths and weaknesses. In addition, utilizing academic studies by scholars, the paper discusses the moral aspects concerning dying statements, covering topics like pressure, cognitive abilities, and the possibility of influence. This article seeks to thoroughly examine whether dying declarations should be seen as a powerful legal instrument or a faulty form of testimony in the field of law by combining laws, court decisions, and academic perspectives.

Keywords: Indian evidence act, Bhartiya Sakshya Adhiniyam, dying declaration, evidentiary value

“COPYRIGHT IN THE STREAMING AGE: REDEFINING ENFORCEMENT FOR A BORDERLESS DIGITAL WORLD”

AUTHOR – ARJIT SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ARJIT SINGH, “COPYRIGHT IN THE STREAMING AGE: REDEFINING ENFORCEMENT FOR A BORDERLESS DIGITAL WORLD”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 523-529, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The rapid proliferation of digital streaming platforms has fundamentally transformed how content is created, distributed, and consumed globally. Platforms such as Netflix, Amazon Prime Video, Spotify, and Hotstar have disrupted traditional modes of entertainment consumption, making a vast array of films, music, and television shows available on-demand. With their global reach, these platforms have dismantled geographical barriers, offering consumers a personalized entertainment experience.

PRESERVING CREATIVITY: LEGAL INSIGHTS INTO DESIGN PIRACY AND PROTECTION

AUTHOR – NIRMIT JADWANI, CHRIST (DEEMED TO BE UNIVERSITY) PUNE LAVASA CAMPUS

BEST CITATION – NIRMIT JADWANI, PRESERVING CREATIVITY: LEGAL INSIGHTS INTO DESIGN PIRACY AND PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 506-510, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Designs represent the organisation’s product identity; thus, they significantly impact consumers’ perception of products and brands. Finally, the look, form, design, pattern, or decoration of a product for use makes it beautiful, determines consumer choices, and therefore has additional utility. In a competitive world where differentiation through visual identity is crucial, design protection allows businesses and designers to safeguard the money they spend on developing new products and original concepts. Design protection is mainly helpful to industries where concepts change frequently and are easily recognisable by the general public, such as fashion, automobile, electronics, furniture industry, etc. Design registration allows inventors to protect their position in the market and create revenue streams without copycats or fakes producing similar designs. This outlines the legal basis for not allowing any other person or party to reproduce, imitate or copy a design that has been registered with a national or international design registry.