Author: PRASANNASRI26092001

DECEIT-BASED SEXUAL RELATIONS UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA AND THE LIMITS OF LEGISLATIVE INTERVENTION

AUTHOR – SHREYASH KASHYAP, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – SHREYASH KASHYAP, DECEIT-BASED SEXUAL RELATIONS UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA AND THE LIMITS OF LEGISLATIVE INTERVENTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 99-106, APIS – 3920 – 0001 & ISSN – 2583-2344.

1 Structure and Scope of Section 69

Section 69 of the Bharatiya Nyaya Sanhita, 202, represents a conscious legislative shift from judicially constructed interpretations toward a codified framework addressing deceit-based sexual relations. Unlike the earlier reliance on Section 375 of the Indian Penal Code, 1860, which subsumed such cases under rape through the doctrine of “misconception of fact,” Section 69 creates a distinct statutory offence that specifically targets sexual intercourse obtained through deception, while explicitly clarifying that such conduct does not amount to rape. At a structural level, Section 69 is designed around the concept of fraudulent inducement of consent, thereby marking a doctrinal departure from coercion-based sexual offences. The provision criminalises sexual intercourse where consent is obtained by employing deceitful means, which, as clarified in the Explanation clause, includes false promises of marriage, employment, promotion, or concealment of identity. This expanded formulation reflects legislative intent to capture a broader spectrum of manipulative conduct that may not involve physical force but nevertheless undermines the autonomy of the consenting party.

CRIMINAL JUSTICE REFORM: A CRIMINOLOGICAL ANALYSIS OF STRUCTURAL CHALLENGES AND SUSTAINABLE SOLUTIONS

AUTHOR – JOMLO LEGO, PH.D. RESEARCH SCHOLAR AT DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR

BEST CITATION – JOMLO LEGO,CRIMINAL JUSTICE REFORM: A CRIMINOLOGICAL ANALYSIS OF STRUCTURAL CHALLENGES AND SUSTAINABLE SOLUTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 91-98, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The criminal justice system remains a cornerstone of societal order, yet it faces persistent structural and functional challenges across jurisdictions. This paper provides a comprehensive criminological analysis of these issues, focusing on judicial delays, prison overcrowding, systemic inequality, and inadequate rehabilitation mechanisms. By applying classical, positivist, conflict, and restorative justice theories, the study examines the root causes of inefficiencies within the system. Comparative insights from progressive justice models highlight the effectiveness of reform-oriented approaches. The paper proposes a multi-dimensional reform framework incorporating legal restructuring, technological innovation, restorative justice practices, and community participation. It argues that sustainable reform requires a paradigm shift from punitive justice to rehabilitative and restorative models, ensuring both accountability and reintegration.

Keywords: Criminal Justice Reform, Criminology, Restorative Justice, Judicia, Prison

THE PUBLIC TRUST DOCTRINE IN INDIAN ENVIRONMENTAL JURISPRUDENCE: EVOLUTION, INTEGRATION & CRITICAL ANALYSIS

AUTHOR – SRISHTI YADAV, ASIAN LAW COLLEGE

BEST CITATION – SRISHTI YADAV,THE PUBLIC TRUST DOCTRINE IN INDIAN ENVIRONMENTAL JURISPRUDENCE: EVOLUTION, INTEGRATION & CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 84-90, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Public Trust Doctrine has fundamentally reshaped environmental jurisprudence in India by shifting the state’s role from being an absolute owner to a fiduciary steward of natural resources which are reserved for the collective benefit of the public. The doctrine was formally integrated into India’s legal system by originating from ancient Roman concepts of res communes and refined in English common law. This paper helps in understanding the doctrine’s evolution, highlighting its constitutionalisation through Article 21. The scope of the public trust doctrine has been expanded gradually from protecting parks in urban areas to artificial waterbodies via several landmark cases.

However, despite its success, this doctrine faces scholarly criticism regarding its lack of predictability and potential for judicial overreach. This study thoroughly provides a critical analysis of these challenges faced, arguing for clear integration of stewardship principles into administrative policy to safeguard equity.

Keywords: Public trust doctrine, Article 21, Stewardship

CAPITAL GAINS AND BUSINESS INCOME IN SHARE TRANSACTIONS: A JUDICIAL AND STATUTORY ANALYSIS

A DOCTRINAL EXAMINATION OF THE SECTION 28 — SECTION 45 DICHOTOMY UNDER THE INCOME TAX ACT, 1961

AUTHOR – SANKALP PATIDAR, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY PUNE LAVASA

BEST CITATION – SANKALP PATIDAR,CAPITAL GAINS AND BUSINESS INCOME IN SHARE TRANSACTIONS: A JUDICIAL AND STATUTORY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 76-83, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The classification of income arising from transactions in shares and securities as either “Capital Gains” under Section 45 of the Income Tax Act, 1961, or as “Profits and Gains of Business or Profession” under Section 28 of that Act remains, more than six decades after the enactment of the principal statute, the most enduring controversy in Indian direct tax jurisprudence. The dichotomy is not a sterile taxonomic exercise; it determines the rate of tax, the eligibility for concessional regimes under Sections 111A and 112A, the applicability of the speculation rules under Section 43(5) and the deeming provision of Explanation to Section 73, the manner of set-off and carry forward of losses under Sections 70 and 74, and the very ambit of an assessee’s compliance burden under Sections 44AA and 44AB. The proliferation of retail participation in Indian capital markets, the emergence of derivative trading at unprecedented volumes, the popularisation of portfolio management services, and the rise of algorithmic intra-day trading have transformed a once-recondite question into a matter of mass concern.

This paper undertakes a doctrinal and comparative examination of the regime. It traces the conceptual origins of the capital-revenue distinction to English common law and the badges of trade articulated by the Royal Commission of 1955, locates the Indian statutory architecture within its constitutional moorings, and analyses through the IRAC framework the line of Supreme Court authority extending from G. Venkataswami Naidu (1959) to Snowtex Investment (2019). It evaluates the multi-factor judicial test, the consolidation effected by CBDT Circulars Nos 4/2007 and 6/2016, and the persistent inconsistencies that survive them. Drawing upon comparative material from the United Kingdom, the United States, Australia and Singapore, the author argues that the Indian regime has reached the limits of judicial elaboration and that further coherence can be achieved only through legislative intervention. The paper concludes by proposing a statutory safe-harbour, a holding-period-based presumptive classification, a binding consistency rule with statutory force, and an elective mark-to-market mechanism for self-identified traders.

NARCOTICS TRAFFICKING UNDER NDPS ACT, 1985

AUTHOR – J TARA BEGUM* & R. KALAISELVI**

* 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 – J TARA BEGUM & R. KALAISELVI, NARCOTICS TRAFFICKING UNDER NDPS ACT, 1985, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 73-75, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I810

ABSTRACT

Narcotics trafficking has emerged as one of the most serious forms of organized crime in the modern world, posing a significant threat to public health, social stability, economic development, and national security. In India, the growing menace of drug abuse and illicit trafficking led to the enactment of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which provides a comprehensive legal framework to regulate and control narcotic substances. This research article examines the nature, scope, and effectiveness of the NDPS Act in combating drug trafficking. It analyses the stringent provisions of the Act, including punishment based on quantity, reverse burden of proof, and restrictive bail conditions. The article also evaluates procedural safeguards and highlights the critical role played by the judiciary in ensuring fairness and protection of fundamental rights. Further, it discusses major challenges such as over-criminalization, lack of distinction between traffickers and minor offenders, delays in trials, and misuse of provisions. The study emphasizes the need for a balanced socio-legal approach that integrates strict enforcement with rehabilitation, awareness, and reformative justice. The article concludes that while the NDPS Act is a powerful tool against drug-related crimes, necessary reforms are required to ensure justice, proportionality, and effectiveness in its implementation.

LEGAL FRAMEWORK OF PLATFORM WORKERS: A CRITICAL ANALYSIS

AUTHOR – VISHWANARAYANAN.R* & R.KALAISELVI**

* 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 – VISHWANARAYANAN.R & R.KALAISELVI,LEGAL FRAMEWORK OF PLATFORM WORKERS: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 69-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The expansion of the digital economy has significantly transformed traditional employment structures, giving rise to platform-based work, commonly referred to as gig work. Platform workers are individuals who provide services through digital intermediaries such as ride-hailing, food delivery, and freelance platforms. Companies like Uber, Swiggy, and Zomato have created flexible work opportunities, enabling individuals to earn income without being bound by conventional employer-employee relationships.

However, this transformation has introduced complex legal challenges. Platform workers are generally classified as independent contractors rather than employees, thereby excluding them from essential labour protections such as minimum wages, job security, and social security benefits. This classification creates ambiguity regarding their rights and obligations. The absence of a comprehensive legal framework has resulted in precarious working conditions for many gig workers.

In India, the enactment of the Code on Social Security, 2020 represents a significant step toward recognizing gig and platform workers. Nevertheless, the law falls short of granting them full employment status, leaving gaps in protection. This article critically examines the legal framework governing platform workers, identifies key challenges, and analyses judicial developments in this evolving field.

ADEQUACY OF INDIAN CYBER LAWS IN TACKLING DEEPFAKE CRIMES: A CRITICAL LEGAL ANALYSIS

AUTHOR – DHANALAKSHMI R* & AJAY KRISHNA. S.P**

* 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 – DHANALAKSHMI R & AJAY KRISHNA. S.P, ADEQUACY OF INDIAN CYBER LAWS IN TACKLING DEEPFAKE CRIMES: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 57-68, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid evolution of Generative Artificial Intelligence has given rise to deepfakes—highly sophisticated synthetic media that can convincingly manipulate audio, video, and images to replicate real individuals with alarming realism. In India, deepfake technology has been weaponised for non-consensual pornography, financial fraud through voice cloning, electoral manipulation, and targeted harassment, generating urgent demands for legal intervention. This article critically evaluates the adequacy of Indian cyber law in addressing deepfake-related offences. Employing a doctrinal methodology, it analyses the Information Technology Act 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 and the Information Technology Amendment Rules 2026, the Bharatiya Nyaya Sanhita 2023, and the Digital Personal Data Protection Act 2023, situating these instruments within the constitutional framework of Articles 19(1)(a) and 21. The article identifies a critical ‘detection-regulation gap,’ wherein the law mandates rapid removal of harmful synthetic content without corresponding advancements in forensic detection capabilities, creating risks of over-censorship and disproportionate compliance burdens on smaller intermediaries. It further examines the evidentiary challenges inherent in establishing malicious intent and authenticating deepfake content under criminal law, and the incomplete criminological coverage of traditional offence categories—defamation, forgery, and impersonation—when applied to AI-generated synthetic media. Through comparative analysis with the European Union Artificial Intelligence Act, the article argues that India’s framework remains predominantly reactive, addressing post-publication harm rather than pre-emptively regulating deepfake-enabling AI technologies. It concludes by proposing a multi-layered reform agenda: a dedicated Deepfake and Artificial Intelligence Regulation Act, adoption of a risk-based classification framework, establishment of a centralized AI Regulatory Authority, mandatory watermarking and content provenance standards, and a national deepfake forensic infrastructure.

Keywords: Deepfakes, synthetic media, Information Technology Act 2000, IT Amendment Rules 2026, Synthetically Generated Information, Bharatiya Nyaya Sanhita 2023, Digital Personal Data Protection Act 2023, EU AI Act, detection-regulation gap, intermediary liability, Article 21, cyber law India

GAAR AND TREATIES LEGAL FRAMEWORK

AUTHOR – LALIT RAJ P, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – LALIT RAJ P,GAAR AND TREATIES LEGAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 50-56, APIS – 3920 – 0001 & ISSN – 2583-2344.

The fact that the legal system about the General Anti-Avoidance Rule (GAAR) in India and in other countries is a giant leap towards addressing the issue of tax avoidance and yet remain capable of being fair and certain in the taxation process. GAAR is supposed to be a broad, principle based provision that will enable the tax authorities to deny tax benefits that would otherwise arise due to arrangements lacking a real commercial substance and which are primarily designed to avoid taxes. It has a legal basis in the understanding that certain anti-avoidance regulations are not adequate in dealing with increasingly complex tax evasion schemes. This has seen GAAR become a critical part of the current tax structures, even in other parts of the world.^[1][2]

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[1] Income Tax Act, 1961, Chapter X-A, ss 95–102, inserted by Finance Act, 2012; effective from 1 April 2017 vide Notification S.O. 1188(E). See also Parthasarathi Shome Committee, ‘Report on General Anti-Avoidance Rules (GAAR) in Income Tax Act, 1961’ (Ministry of Finance, 2012).

[2] Judith Freedman, ‘Interpreting Tax Statutes: Tax Avoidance and the Intention of Parliament’ (2007) 123 Law Quarterly Review 53, 72; John Tiley, ‘Revenue Law’ (7th edn, Hart Publishing, 2012) 96–112.

CROSS-BORDER REAL ESTATE INVESTMENTS AND ARBITRATION: A COMPARATIVE STUDY

AUTHOR- ABHINIT PANDEY, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), LAVASA, PUNE

BEST CITATION – ABHINIT PANDEY, CROSS-BORDER REAL ESTATE INVESTMENTS AND ARBITRATION: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 43-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Over the last twenty years, cross-border real estate transactions have expanded both in volume and complexity. The main factors that have contributed to this trend are globalisation, the movement of institutional capital and cross-jurisdictional development projects. One of the most common issues in disputes that result from these transactions is that the contracts can be interpreted in different ways. Besides that, other issues which are often areas of arbitration when a dispute resolution mechanism is needed, come up such as regulatory compliance, insolvency, public policy, and enforcement.

This article through a comparative legal analysis of various jurisdictions (India, Singapore, the United Kingdom, and the United States) explores the appropriateness, benefits, and problems of arbitration in international real estate disputes. The work also assesses the cooperation between the models of the institutional framework (the UNCITRAL Model Law and the New York Convention), the realities of enforcement, and the interface of domestic regulatory systems (especially the ones related to the protection of consumers, like RERA in India) with arbitration agreements.

This research determines that arbitration is capable of guaranteeing party autonomy, procedural adaptability, and cross-border enforceability, though it is affected by jurisdictional restrictions in situations where the divide between public law and private law is quite distinct (for example, certain consumer or regulatory disputes). As a result, Singapore is considered to be a very favorable seat for arbitration with great enforcement and judicial support, the New York Convention is still the main international enforcement instrument, and India is a location that sends different signals due to the development of case law on arbitrability (especially if statutory regimes like RERA apply).

The article ends with practical recommendations to the drafting of dispute resolution clauses, selection of seats and institutions, and risk mitigation of cross-border real estate contract enforcement.

Keywords: cross-border real estate, arbitration, enforcement, New York Convention, RERA, seat of arbitration, UNCITRAL Model Law

“BREAKING SOVEREIGN BOUNDS: INDIVIDUALS AS AGENTS AND SUBJECTS IN INTERNATIONAL LAW”

AUTHOR – JANVI J BHANUSHALI, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – JANVI J BHANUSHALI, “BREAKING SOVEREIGN BOUNDS: INDIVIDUALS AS AGENTS AND SUBJECTS IN INTERNATIONAL LAW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 34-42, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I85

ABSTRACT

Individuals in International Law

International law has evolved over time. However, it is quite common to see this development through a state-centric prism. This is scarcely surprising, considering that states were traditionally treated as the sole subjects of international law. The authors argue that such an interpretation is now outdated. One hundred years ago, individuals were viewed as mere objects of international concern. They are now recognized as enjoying certain rights and obligations themselves. The authors begin by exploring this evolution and analyzing several important historical milestones, theoretical frameworks, and case examples to clarify the current place of individual agency in international law. The research addresses the question: to what extent will individuals be deemed legitimate actors of the legal order at the international level? The present study also extends into the practical and theoretical consequences of individual subjecthood, as well as the possibilities and problems with domesticating individual rights in the context of international law