Author: PRASANNASRI26092001

PHARMACEUTICAL PATENT STANDARDS AND REGULATORY APPROACHES: A COMPARATIVE ANALYSIS OF INDIA, THE UNITED STATES, AND THE EURO

AUTHOR – SUNDARAM* & EKTA GUPTA**

* STUDENT AT SCHOOL OF LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH

** PROFESSOR AT SCHOOL OF LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – SUNDARAM & EKTA GUPTA, PHARMACEUTICAL PATENT STANDARDS AND REGULATORY APPROACHES: A COMPARATIVE ANALYSIS OF INDIA, THE UNITED STATES, AND THE EURO, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 835-847, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

At the intersection of intellectual property rights that seek to incentivise innovative activity (notably through patent law), the imperatives of public health that call for affordable access to essential medicines, and the requirements of international trade law that binds states to minimum standards of patent law protection. The ways, standards and tests of various jurisdictions with respect to the patentability of pharmaceuticals can have a serious impact not just on the commercial interests of pharmaceutical firms and generics but on the health and life of millions of human beings who rely on affordable medicines for treatment of life-threatening diseases. This article carries out a detailed comparative legal study of pharmaceutical patent standards and regulatory regimes of India, the US and the EU, which all stand at different poles in the international pharmaceutical patent debate. The purpose of the analysis is to examine how each jurisdiction interprets, and applies core patentability requirements to pharmaceutical inventions, how each jurisdiction addresses challenges that pharmaceutical patents pose including, evergreening, the patent-regulatory interface and so on, and how each jurisdiction uses compulsory licensing, opposition mechanisms and other features to manage the tension between the private rights of pharmaceutical patent holders and public health obligations of states. According to the article, the three jurisdictions have developed fundamentally different approaches reflecting their particular economic circumstances, public health priorities and positions in the global pharmaceutical value chain. Furthermore, the article makes evidence-based reform recommendations aimed at improving the alignment between pharmaceutical patent standards and global public health objectives.

Keywords: Pharmaceutical Patents; TRIPS Agreement; Section 3(d); Evergreening; Compulsory Licensing; Hatch-Waxman Act; Supplementary Protection Certificates; Data Exclusivity; Access to Medicines; Global Health Equity; Novartis AG v. Union of India.

A CRITICAL ANALYSIS OF THE ROLE OF MEDICAL EVIDENCE IN CRIMINAL TRIALS

With Special Reference to the Indian Legal Framework and Comparative Jurisprudence

AUTHORS – MR. PRAKASH.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 – MR. PRAKASH.K & MRS. JISHA J.S, A CRITICAL ANALYSIS OF THE ROLE OF MEDICAL EVIDENCE IN CRIMINAL TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 827-834, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Medical evidence constitutes a foundational pillar of modern criminal adjudication. This article undertakes a comprehensive critical analysis of the role of medical and forensic evidence in criminal trials, with primary focus on the Indian legal framework and comparative reference to the United Kingdom, the United States, and Australia. It examines the conceptual basis of medical evidence, the statutory framework for its admissibility under the Bharatiya Sakshya Adhiniyam, 2023, and predecessor legislation, the typology of forensic disciplines deployed in criminal proceedings, the institutional arrangements for expert testimony, and the systemic challenges that undermine the effective use of forensic science in criminal courts. Drawing on landmark decisions of the Supreme Court of India and comparative judicial authority, the article identifies critical gaps in infrastructure, documentation, and judicial forensic literacy, and proposes comprehensive legislative, institutional, and operational reforms.

Keywords: Medical Evidence, Forensic Science, Criminal Trials, Expert Testimony, Bharatiya Sakshya Adhiniyam, DNA Evidence, Forensic Pathology, Indian Evidence Act, Daubert Standard, Evidentiary Standards.

THE PARADOX OF PROTECTION: A CRITICAL STUDY OF ADOLESCENT AUTONOMY VS. MANDATORY PROSECUTION UNDER THE BNS AND POCSO ACT

AUTHOR – DARREN ANTONRAJ P A* & MS. C. SOPHIA JEYAKAR**

* 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 – DARREN ANTONRAJ P A & MS. C. SOPHIA JEYAKAR, THE PARADOX OF PROTECTION: A CRITICAL STUDY OF ADOLESCENT AUTONOMY VS. MANDATORY PROSECUTION UNDER THE BNS AND POCSO ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 822-826, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I792

Abstract

Looking at how teenage independence clashes with required legal action under two Indian laws – the 2012 child protection act and the 2023 code – this section digs into a tricky balance. Though meant to shield young people from abuse, rigid enforcement sometimes labels mutual teen relationships as crimes, especially when ages are similar. Through the lens of fundamental rights – like life, privacy, dignity, freedom – an exploration unfolds based on what Article 21 guarantees. What emerges is not just legal overlap but real impact on youth navigating intimacy within boundaries drawn by law.

Nowhere does it overlook the “best interests of the child” principle anchored in global human rights standards. Often, fixed age thresholds in laws ignore how teens grow into their decisions at different speeds. While examining penalties, attention shifts toward girls – especially when charges arise not from harm but from disapproval of love across caste or faith lines. What stands out is how power shapes who gets accused, and why.Ending here, the chapter looks at how teens feel and cope when caught in court systems – shame tags along, moods shift, school routines break apart. Still, fairness matters most, so laws should bend with each kid’s story instead of pushing control over choice.

CONTEMPORARY SOCIAL MEDIA AND SOCIAL NETWORKING CRIMES: EMERGING LEGAL CHALLENGES IN THE DIGITAL ERA

AUTHOR – BABY ZOENGPUII* & PROF. DR ARUN KUMAR SINGH**

* LL.M. THE ICFAI UNIVERSITY, DEHRADUN

** PROFESSOR, ICFAI LAW SCHOOL, THE ICFAI UNIVERSITY DEHRADUN

BEST CITATION – BABY ZOENGPUII & PROF. DR ARUN KUMAR SINGH, CONTEMPORARY SOCIAL MEDIA AND SOCIAL NETWORKING CRIMES: EMERGING LEGAL CHALLENGES IN THE DIGITAL ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 811-821, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The proliferation of social media over the past two decades has transformed communication, commerce, and civic life, democratizing information and expression while enabling new crimes like cyberstalking, online defamation, identity fraud, deepfakes, and disinformation campaigns. These threats challenge individuals, institutions, and the rule of law.

This dissertation conducts a doctrinal and analytical examination of social media crimes in India. It critically assesses the adequacy of key statutes, the Information Technology Act, 2000; Bharatiya Nyaya Sanhita, 2023; Digital Personal Data Protection Act, 2023; and IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in tackling emerging digital offences. The study analyses judicial trends, intermediary liability, constitutional tensions between free speech and regulation, enforcement hurdles (anonymity, cross-border jurisdiction), and comparative frameworks from the US, UK, EU, Australia, and Singapore. It concludes with proposals for legislative, institutional, and technological reforms to foster a responsive, rights-compliant digital legal order.

Keywords: Social Media Crime, Cyber Law, Online Fraud, Deepfake, Intermediary Liability, Fake News, Privacy, Cyberstalking, Digital Evidence, IT Act, Freedom of Speech, Cyber Regulation, Digital Personal Data Protection

DECRIMINALISING THE PROCESS, NOT THE LAW: MEDIATION IN CHEQUE DISHONOUR CASES

AUTHOR – SAKSHAM KHANDARE, STUDENT AT THE MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA

BEST CITATION – SAKSHAM KHANDARE, DECRIMINALISING THE PROCESS, NOT THE LAW: MEDIATION IN CHEQUE DISHONOUR CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 799-810, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I790

Abstract

Section 138 of the Negotiable Instruments Act, 1881 criminalises cheque dishonour for insufficiency of funds or exceeding the arranged amount. Though framed as a criminal offence, its primary purpose is to secure repayment of a legally enforceable debt rather than to punish the drawer through incarceration. Complainants typically seek recovery of money, and the threat of jail serves mainly as leverage. As a result, most cases are eventually settled or compounded, with only a small fraction reaching full trial and conviction.

Despite amendments and Supreme Court guidelines for speedy disposal, over 43 lakh Section 138 cases remain pending across India, accounting for a large share of magisterial court workload, especially in major cities. The offence has a distinct quasi-civil character: criminal in procedure but compensatory in substance, as repeatedly noted by the Supreme Court.

The compounding framework under Section 147 allows settlement at any stage, yet it lacks a structured pathway to facilitate negotiations. This paper argues for decriminalising the process, not the law, retaining the deterrent effect of the offence while introducing mandatory pre-trial mediation as the default first step after cognizance.

Mediation, supported by the Mediation Act, 2023, offers a faster, confidential, and party-driven mechanism to reach enforceable settlements, including payment schedules. Where mediation fails or bad faith is evident, ordinary criminal proceedings can continue without delay. This approach aligns with the compensatory objective of Section 138, reduces judicial burden, and draws on international models that favour civil recovery and administrative sanctions over routine criminal prosecution for simple defaults.

Keywords: Cheque Dishonour, Section 138 NI Act, Mediation, Process Decriminalisation, Compounding of Offences, Judicial Backlog, Restorative Justice, Digital Dispute Resolution

INSIDER TRADING AND ITS IMPACT ON CORPORATE GOVERNANCE PRACTICES IN INDIA: A LEGAL AND REGULATORY ANALYSIS

AUTHOR – ANIKET LODHI, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY, GANDHINAGAR, GUJARAT

BEST CITATION – ANIKET LODHI, INSIDER TRADING AND ITS IMPACT ON CORPORATE GOVERNANCE PRACTICES IN INDIA: A LEGAL AND REGULATORY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 789-798, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Insider trading is a major regulatory concern for securities markets in emerging markets such as India, in terms of preventing insider trading for ensuring market integrity, efficiency and transparency. It violates the concept of market efficiency by enabling certain persons, like directors, employees or related persons to use unpublished price sensitive information (UPSI) to trade securities. This doctoral thesis reviews regulatory and legislative provisions relating to insider trading in India and assesses how it affects corporate governance.

The analysis is mainly confined to the role of the Securities and Exchange Board of India (SEBI) – the primary regulatory body established under the Securities and Exchange Board of India Act, 1992. It also assesses the impact of the SEBI (Prohibition of Insider Trading) Regulations, 2015, which constitute a robust framework to curb the misuse of UPSI and ensure equity in the trading practices of companies. This study examines the progression of insider trading regulations in India from the early disclosure-based approach under the Companies Act, 1956 to the current “enforcement” approach.

The paper further examines the links between insider trading and corporate governance. The presence of effective regulatory measures, including disclosure norms, trading bans, codes of conduct, and compliance frameworks, are vital to improving the corporate governance structure by increasing accountability, transparency and integrity. The paper provides insights into how enforcement by SEBI helps improve corporate governance through prevention of fraudulent activities and enhancing investor trust.

Nonetheless, despite clear legal framework, there are challenges in enforcing insider trading laws. These challenges include proof problems, technological progress enabling covert forms of communication, and cross-border trading. This paper critically examines these issues and stresses the importance of ongoing regulatory reforms, enhanced monitoring mechanisms and global cooperation.Overall, the study underscores that effective insider trading regulation is indispensable for maintaining fair securities markets and fostering long-term investor trust in India’s financial system.

Keywords- Insider Trading, Corporate, Governance, Unpublished Price, Sensitive Information, Securities Market Regulation and Investor Protection

POLICE CONFESSIONS AND ITS JUDICIAL SCRUTINY: AN ANALYSIS UNDER BHARATIYA SAKSHYA ADHINIYAM 2023

AUTHOR – K. L. RICHERSUN, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – K. L. RICHERSUN, POLICE CONFESSIONS AND ITS JUDICIAL SCRUTINY: AN ANALYSIS UNDER BHARATIYA SAKSHYA ADHINIYAM 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 782-788, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The enactment of the Bharatiya Sakshya Adhiniyam, 2023 (hereinafter “BSA”) marks a decisive legislative departure from the colonial Indian Evidence Act of 1872, fundamentally reconfiguring the evidentiary framework governing police confessions in India. Confessions made to police officers occupy a uniquely controversial position within criminal jurisprudence—they are simultaneously indispensable investigative tools and potent instruments of abuse. The BSA, while retaining the structural core of its predecessor’s confession-related provisions, introduces subtle yet significant modifications that carry profound implications for criminal trials, custodial rights, and the constitutional guarantee against self-incrimination. This paper undertakes a comprehensive examination of the statutory provisions governing police confessions under the BSA, traces the evolution of judicial scrutiny through landmark Supreme Court decisions, and evaluates whether the new legislation adequately addresses the persistent concerns of coercion, voluntariness, and procedural fairness. It also conducts a comparative assessment with the Bharatiya Nagarik Suraksha Sanhita, 2023, the contemporaneous procedural code, to present a holistic picture of the reformed legal architecture. The paper concludes that while the BSA represents a constructive step toward modernisation, critical lacunae remain, particularly in relation to mandatory audio-visual documentation, legal access during interrogation, and the absence of an independent oversight mechanism for custodial confessions.

Keywords: Bharatiya Sakshya Adhiniyam 2023, Police Confession, Custodial Confession, Judicial Scrutiny, Self-Incrimination, Voluntariness, BSA, Indian Evidence Law.

REGULATING THE WAGER: SPORTS BETTING AND GAMBLING LAW IN INDIA

LEGAL DEFICIENCIES, JUDICIAL TRAJECTORIES, AND THE IMPERATIVE FOR REFORM

AUTHOR – V ANBARASAN* & D ROHAN KUMAR**

* 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 – V ANBARASAN & D ROHAN KUMAR, REGULATING THE WAGER: SPORTS BETTING AND GAMBLING LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 773-781, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Sports betting and gambling in India occupy an uneasy intersection of colonial inheritance, constitutional complexity, and digital disruption. This article examines the manifold inadequacies of the existing Indian regulatory framework — anchored in the anachronistic Public Gambling Act 1867 — and traces the judiciary’s evolving jurisprudence on the skill-chance distinction as it has been applied to fantasy sports and online gaming. Drawing on comparative analysis of regulatory models in the United Kingdom, Australia, and the United States, the article argues that India’s continued adherence to a prohibitionist approach is counterproductive and that a coherent, evidence-based regulatory framework is urgently required. The article concludes with specific legislative, institutional, and consumer-protection recommendations, including the enactment of framework gambling legislation and the creation of an independent National Gambling Regulatory Authority.

Keywords: Sports Betting, Public Gambling Act 1867, Skill-Chance Dichotomy, Online Gaming, Fantasy Sports, Gambling Regulation, Law Reform, India

NEED FOR A REFUGEE LAW IN INDIA: A CRITICAL ANALYSIS

AUTHOR – R. RAMPRAKASH* & SREE LAKSHMI.B**

* 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 – R. RAMPRAKASH & SREE LAKSHMI.B, NEED FOR A REFUGEE LAW IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 771-772, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India has historically been a major host to refugees, offering shelter to diverse populations fleeing persecution and conflict. Despite this humanitarian tradition, the absence of a dedicated refugee law has resulted in an inconsistent and discretionary framework governed primarily by the Foreigners Act, 1946. This paper critically examines the legal vacuum in India’s refugee protection regime, the role of constitutional provisions and judiciary, and the necessity for a comprehensive statutory framework. It argues that a codified refugee law is essential to ensure uniformity, protect human rights, and balance national security with humanitarian obligations.

Keywords: Refugee Law, India, Non-Refoulement, Human Rights, Foreigners Act, Article 21

A CRITICAL STUDY ON COPYRIGHT ISSUES IN DIGITAL MEDIA

AUTHOR – SOLAI VATHAN R* & SREE LAKSHMI .B**

* 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 – SOLAI VATHAN R & SREE LAKSHMI .B, A CRITICAL STUDY ON COPYRIGHT ISSUES IN DIGITAL MEDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 768-770, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid growth of digital media and artificial intelligence has significantly challenged traditional copyright frameworks. This study examines contemporary copyright issues, including unauthorized digital reproduction, platform liability, and emerging concerns related to AI-generated content. By analyzing Indian legal provisions, international frameworks, and recent case laws, the paper identifies a widening regulatory gap between technological advancement and legal enforcement. The research also highlights low public awareness and enforcement inefficiencies as key contributors to widespread infringement. The study concludes with recommendations for strengthening copyright protection while maintaining a balance between creators’ rights and public access.