Author: PRASANNASRI26092001

“AN ANALYSIS OF THE LEGAL TREATMENT OF SEXUAL OFFENCES AGAINST WOMEN UNDER THE BHARTIYA NYAYA SANHITA, 2023: CONTINUITIES AND REFORMS”

AUTHOR – MR. ATISHREY MISHRA, AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – MR. ATISHREY MISHRA, “AN ANALYSIS OF THE LEGAL TREATMENT OF SEXUAL OFFENCES AGAINST WOMEN UNDER THE BHARTIYA NYAYA SANHITA, 2023: CONTINUITIES AND REFORMS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 740-785, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract: The IPC Legacy and the Decolonial Imperative

This dissertation provides an exhaustive doctrinal, procedural, and constitutional interrogation of the Bhartiya Nyaya Sanhita (BNS), 2023, within the context of India’s evolving criminal justice landscape. As the nation transitions away from the 163-year-old Indian Penal Code (IPC), 1860, this research evaluates whether the new Sanhita succeeds in its “decolonial” mission or merely provides a modern structural shell for colonial-era patriarchal logic. In an era where “Modern India” is increasingly rooted in a “women-centric” legislative philosophy, this study deconstructs the friction between the BNS’s structural prioritization of gender-based violence and its substantive linguistic continuities.

The research begins by tracing the Historical Evolution of Colonial Penal Logic, specifically the Victorian construct of “Modesty” utilized by Lord Macaulay to police female sexuality. By analyzing the jurisprudential shift from the Mathura Rape Case (1979) to modern milestones such as Independent Thought (2017) and Aparna Bhat (2021), the study demonstrates how the Indian judiciary—rather than the legislature—has been the primary driver of the transition from “honor-based” laws to a jurisprudence of “Bodily Autonomy and Dignity.”

A central pillar of this study is the Statutory Analysis of the BNS. The research acknowledges the significant Structural Reorganization achieved by the legislature in elevating “Offences Against Women and Children” to Chapter V. However, a granular, section-by-section comparative mapping reveals that core provisions, such as the definition of Rape (Section 63) and Outraging Modesty (Section 74), remain verbatim transpositions of the IPC. The most critical “void” identified is the Retention of the Marital Rape Exception, which this research characterizes as the ultimate colonial anchor, preserving the archaic “Hale Doctrine” of irrevocable matrimonial consent in direct contradiction to Article 21 of the Constitution.

The dissertation further explores the Deconstruction of Consent through the lens of the newly introduced Section 69 of the BNS. This provision, which criminalizes “Sexual Intercourse by Deceitful Means” (including false promises of marriage and suppression of identity), is analyzed as a landmark attempt to provide a “third way” between the binary of rape and total acquittal. However, the study subjects this section to intense constitutional scrutiny under Article 14, highlighting the “Gender-Binary Voids” that exclude male, transgender, and non-binary victims, thereby failing the test of “Equal Protection of the Laws.”

The procedural dimensions are addressed through the Synergy of the BNS, BNSS, and BSA. The research evaluates the “victim-centric” reforms of the Bhartiya Nagarik Suraksha Sanhita (BNSS), such as mandatory audio-video recording of statements and forensic scene visits. It integrates these with the Bharatiya Sakshya Adhiniyam (BSA), which elevates digital and electronic evidence to the status of Primary Evidence. While these are technologically progressive, the study identifies a “Crisis of Implementation” due to India’s massive forensic backlogs and the “Digital Divide,” which risks creating a hierarchy of justice based on technological access.

In its final synthesis, the dissertation argues that the BNS represents “Retrofitted Colonialism.” It concludes that for India to achieve a truly “decolonized” and “women-centric” code, the legislature must move beyond cosmetic restructuring. The research offers a “Sacred Blueprint” of Policy and Legislative Recommendations, including the absolute abolition of the marital rape exception, the adoption of an Affirmative Consent Standard, and the implementation of Victim Impact Statements (VIS) to pivot the system from pure retribution toward holistic Restorative Justice. Ultimately, this work asserts that true decolonization lies not in the Sanskritization of titles, but in the uncompromising recognition of every individual as the absolute sovereign of their own body.

“A STUDY ON THE INTERPLAY BETWEEN POCSO AND ITPA IN CASES OF MINOR SEX TRAFFICKING”

AUTHOR – AMAN DUBE, STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – AMAN DUBE, “A STUDY ON THE INTERPLAY BETWEEN POCSO AND ITPA IN CASES OF MINOR SEX TRAFFICKING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 732-739, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I471

ABSTRACT

The trafficking of minors for the purpose of sexual exploitation constitutes one of the most serious violations of human rights in India, reflecting systemic socio-economic vulnerabilities and institutional failures.^[1] The primary legal framework addressing such offences is governed by the Protection of Children from Sexual Offences Act 2012 (POCSO) and the Immoral Traffic (Prevention) Act 1956 (ITPA), both of which operate with distinct yet overlapping objectives.^[2] While POCSO adopts a child-centric approach by criminalising all forms of sexual activity involving minors irrespective of consent, ITPA primarily targets the commercial dimensions of trafficking and prostitution.^[3]

The simultaneous application of these statutes in cases involving minor sex trafficking gives rise to complex doctrinal and procedural issues, particularly concerning victim identification, evidentiary standards, and prosecutorial strategy.^[4] Judicial developments have attempted to reconcile these conflicts by emphasising a victim-centric interpretation; however, inconsistencies persist in enforcement. This paper critically examines the interplay between these legislations, focusing on statutory interpretation, judicial trends, and implementation challenges. It argues that the absence of harmonisation undermines the effectiveness of both statutes and advocates for a structured legal approach that prioritises child protection while strengthening action against trafficking networks.^[5]

KEYWORDS: Child Trafficking, Protection of Children from Sexual Offences Act (POCSO), Immoral Traffic (Prevention) Act (ITPA), Victim-Centric Approach, Legal Harmonisation.

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[1] Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)) art 4.

[2] Protection of Children from Sexual Offences Act 2012; Immoral Traffic (Prevention) Act 1956.

[3] Protection of Children from Sexual Offences Act 2012, ss 3–5. 

[4] Siddharth Kara, Sex Trafficking: Inside the Business of Modern Slavery (Columbia University Press 2009) 45.

[5] Sharmila Lodhia, ‘Trafficking and Legal Response in India’ (2018) 12 NUJS Law Review 45, 52.

CRITICAL INFRASTRUCTURE PROTECTION AND CYBER LAW: A DEFENCE-ORIENTED COMPARATIVE ANALYSIS OF INDIA AND JAPAN

AUTHOR – ADV. VANSHIKA SAINI* & DR. JYOTI YADAV**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – ADV. VANSHIKA SAINI & DR. JYOTI YADAV, CRITICAL INFRASTRUCTURE PROTECTION AND CYBER LAW: A DEFENCE-ORIENTED COMPARATIVE ANALYSIS OF INDIA AND JAPAN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 718-730, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I470

ABSTRACT

The Research paper takes a critical comparative analysis of cyber law framework which involve the protection of critical infrastructure of two technologically advanced democracies: India and Japan. At the time when state sponsored cyberattacks emerged the national threats to national security, the need of critical infrastructure protection has assumed paramount significance. India’s framework for the cyber related crimes which is Information Technology Act, 2000 merely deals with commercial transactions rather than national security imperatives. In contrast, Japan has developed a defence oriented cybersecurity ecosystem deals under Basic Act on Cybersecurity, 2014 and supported by robust institutional coordination mechanisms.

This paper involve a doctrinal and comparative legal methodology, this involves primary sources including legislative texts, judicial decisions, and policy documents, with companion by secondary sources like International regulatory bodies. The main research problem is whether India’s Cyber law framework is adequate to protect contemporary defence threats. The hypothesis advances is that India’s current Cyber law frameworks suffers enforcement gaps, definitional vagueness, and failure in institutional coordination that represent it insufficient when standardised against  Japan’s More integrated and defence oriented Cyber security model.

The core insights indicate that India lacks critical infrastructure protection statute for the dimension of defence security of cyberspace with requisite clarity. Whereas, Japan’s framework is more dedicated legislation, and proactive threat sharing mechanisms. The Paper concludes with recommendations for legislative reforms, restructuring of framework and cyber related policy innovations to enable India to strengthen up cyber law infrastructure with respect to the national security and digital ambitions.

Keywords: Cyber Law, Critical Infrastructure Protection, National Security, India, Japan, Information Technology Act 2000, NCIIPC, Basic Act on Cybersecurity, Comparative law, Defence Infrastructure.

THE STRUCTURAL TRANSFORMATION OF THE INDIAN RETAIL ECOSYSTEM: IMPACT OF E-COMMERCE ON TRADITIONAL TRADE AND THE EMERGENCE OF A HYBRID ECONOMY

AUTHOR – ADITYA YADAV* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – ADITYA YADAV & DR. ARVIND KUMAR SINGH, THE STRUCTURAL TRANSFORMATION OF THE INDIAN RETAIL ECOSYSTEM: IMPACT OF E-COMMERCE ON TRADITIONAL TRADE AND THE EMERGENCE OF A HYBRID ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 713-717, APIS – 3920 – 0001 & ISSN – 2583-2344.

THE INDIAN RETAIL SECTOR, a cornerstone of the national economy contributing over 10% to the Gross Domestic Product (GDP) and employing approximately 8% of the workforce, is navigating unprecedented structural recalibration.¹ Historically defined by small, family-owned kirana stores, the market is undergoing a decisive shift toward digital integration. As of 2024, the retail market reached US$1.06 trillion, with projections reaching US$1.93 trillion by 2030 at a CAGR of 10%.⁴ E-commerce has emerged as the primary catalyst, evolving from a niche urban convenience into a systemic force redefining consumption patterns across all geographical tiers.

Keywords

Indian Retail Sector, Traditional Retail / Kirana Stores,Quick Commerce (Q-commerce), Digital Transformation, Hybrid Economy, Retail Ecosystem, Consumer Behavior, Organized vs Unorganized Retail, Omnichannel / Unified Commerce

IMPACT OF SOCIAL MEDIA MARKETING ON CONSUMER BUYING BEHAVIOUR AMONG YOUTH

AUTHOR – ADITYA TRIPATHI* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ADITYA TRIPATHI & DR. ARVIND KUMAR SINGH, IMPACT OF SOCIAL MEDIA MARKETING ON CONSUMER BUYING BEHAVIOUR AMONG YOUTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 706-712, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Social media marketing is an essential part of modern business strategy and plays an important role in influencing customer purchasing behavior, especially among the youth. The rapid emergence of digital media platforms such as Facebook, YouTube, and Instagram has changed the manner in which businesses promote their products. Young people spend a significant amount of time on social media platforms, and this influences their purchasing behaviour. The main aim of the study is to examine the effect of social media marketing on the buying decisions of the youth. The aim of the study is to comprehend the effect of social media on consumer preferences, brand awareness, and buying decisions. The study uses both primary and secondary data, and the research approach is descriptive in nature. While the study uses secondary data from books, journals, and research papers, the primary data is obtained from 100 respondents using a standardized questionnaire.

The findings from the study indicate that social media marketing has a substantial influence on young people’s buying decisions. Influencer marketing, reviews, and ads influence a majority of respondents who often use YouTube and Instagram. Purchase decisions are also largely affected by factors such as discounts, brand, and online interactions. The study indicates that social media marketing can attract young customers and improve a company’s growth.

Keywords: Social media marketing, youth, consumer buying behaviour, influencer marketing, brand awareness, purchase decision.

A STUDY ON THE EVOLUTION OF PAYMENT SYSTEMS: LEGAL AND REGULATORY CHALLENGES

AUTHOR – AKSHAYA R* & SHREYASHINI M**

* PROFESSOR AT VELS SCHOOL OF LAW

.** STUDENT AT VELS SCHOOL OF LAW

BEST CITATION – AKSHAYA R* & SHREYASHINI M, A STUDY ON THE EVOLUTION OF PAYMENT SYSTEMS: LEGAL AND REGULATORY CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 689-693, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I466

Introduction

Technology’s quick development has drastically changed the world’s financial scene, especially when it comes to payment methods. Digital and electronic payment systems, such as credit and debit cards, mobile wallets, cryptocurrencies, and Central Bank Digital Currencies (CBDCs), have progressively supplanted traditional cash-based transactions. Increased internet usage, fintech developments, and the rising need for quick, safe, and practical payment methods have all contributed to this change. But the development of payment systems has also brought up a number of legal and regulatory issues that call for careful consideration and policy solutions.

DISASTER MANAGEMENT IN INDIA : ANALYSIS OF LANDSLIDE RISK MANAGEMENT FROM NATIONAL AND INTERNATIONAL PERSPECTIVES

AUTHOR – KM. PRIYANKA, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – KM. PRIYANKA, DISASTER MANAGEMENT IN INDIA : ANALYSIS OF LANDSLIDE RISK MANAGEMENT FROM NATIONAL AND INTERNATIONAL PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 679-688, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I465

ABSTRACT

This study is grounded in a descriptive approach, analysis upon both Indian and International perspectives. Landslides typically occur in mountainous regions and geologically unstable areas their vulnerability is aggravated by environmental disturbance and human activities. Through an analysis of disaster management frameworks, historical contexts, conceptual definitions, legal aspects, and case studies. This research offers a comprehensive and interdisciplinary perspective on landslide disaster. The study describe traditional Indian environment concerns upon Vedic perspectives as well as Manu and Kautilya  alongside historical International tools and strategies for landslide prevention developed by nations such as China and Japan. To assistance a through understanding of landslides, the related process of Weathering Mass Wasting, Erosion are concisely explained. The section on Indian legal aspects incorporates Constitutional provisions, the Disaster Management Act 2005, environmental sachems, delegated powers and the latest updated provisions of  Disaster Management Amendment Act 2025. Regarding International legal aspects, global mechanism such as UN International Conferences, United Charter, Kyoto Protocol, UNESCO initiative, Sustainable development frameworks are utilized to explain and compare approaches to landslide risk management. Furthermore, the study involves a comparative analysis of case studies from both Indian and the International arena, aiming to identify common underlying factors contributing to landslide vulnerability. This research designate that while the natural hazards associated with landslide disasters cannot be wiped out. It is crucial at both National and International  levels to merge traditional wisdom with scientific methodologies and essential disaster management frameworks to achieve sustainable development.

KEY WORDS – Sustainable Development, 2. Environment, 3. Global Disasters, 4. Vulnerability, 5. Landslide Risk.

PRIMARY AND SECONDARY MARKETS UNDER SECURITIES LAW

AUTHOR – YOGESH* & MRUTYUNJAY SARAMANDAL**

STUDENTA AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – YOGESH & MRUTYUNJAY SARAMANDAL, PRIMARY AND SECONDARY MARKETS UNDER SECURITIES LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 672-678, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I464

Abstract

In India, primary and secondary securities markets are major institutions in terms of capital formation and successive trading activities. This paper is a critical analysis of regulatory framework that is set under the SEBI Act, 1992, the SCRA, 1956 and Companies Act, 2013. Using a doctrinal methodological approach, the paper assesses the overall contribution of disclosure requirements, market conduct rules and enforcement in creating efficient capital formation and securities market operation.

Disclosure requirements are the major type of investor protection in the primary market, comprising a prospectus liability, due diligence by those acting in the middle of the transaction, and regulatory oversight to the extent that the market is able to address information asymmetry at the point of issue. The secondary market, on the other hand, is more dependent on surveillance and enforcement mechanisms that focus on the prohibition of insider trading, manipulation of markets, and the effectiveness of institutional market infrastructure including exchanges, clearing corporations and depositories.

The paper concludes that the Indian securities market is normatively, but operationally, conditional. This leads to the necessity of balanced reforms to align disclosure standards, improve real-time surveillance provisions, and better redressal of grievances by investors.

Keywords: Primary Market; Secondary Market; Disclosure Obligations; Insider Trading; Investor Protection; Regulatory Enforcement

RESARCH PAPER ON GLOBALISATION IS A THREAT TO DATA PRIVACY

AUTHOR – NAINSI JAISWAL* & PROF. TAPAN CHANDOLA**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – NAINSI JAISWAL & PROF. TAPAN CHANDOLA, RESARCH PAPER ON GLOBALISATION IS A THREAT TO DATA PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 660-671, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The structural threat of individual data privacy posed by globalization Due to the promotion of digital technology.and the movement of data across various national boundaries is one that requires strict academic consideration. This paper argues that the structural design of globalization systematically has undermined privacy protection in three intersecting processes. To begin with, the economic paradigm of surveillance capitalism that transnational businesses follow views personal information as a raw material that creates an imbalance of power, which essentially negates the informed user consent. Secondly, the fragmentation of national regulating systems promotes arbitrage of jurisdiction, in which actors take advantage of the differences in laws by using jurisdictions with less stringent protective laws, thus creating a regulatory race to the bottom. Thirdly, the incompatibility of the borderless character of data with the concepts of territorial data sovereignty leads to disjunctive implementation and a legal ambiguity that follows. This paper has identified that the European Union, in its GDPR policy and India, in its Digital Personal Data Protection Act (2023) policy are all necessary, but are still reactive and geographically delimited, thus failing to curtail the pervasive role played by globalized data processing. Finally, privacy must be preserved, which means that the paradigm shift is a better global collaboration, the unification of international standards, and providing corporations with strong accountability measures, which will result in the benefits of a connected world not being at the expense of fundamental human rights.

Keywords: Globalization, Data Privacy, Surveillance capitalism, Jurisdictional Arbitrage, Data Sovereignty, GDPR.

ESG DISCLOSURES, BRSR CORE AND INVESTOR PROTECTION: AN ANALYSIS OF THE INDIAN LEGAL FRAMEWORK

AUTHOR – MR. MRUTYUNJAY SARAMANDAL* & MR. YOGESH YADAV**

STUDENTS AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – MR. MRUTYUNJAY SARAMANDAL* & MR. YOGESH YADAV, ESG DISCLOSURES, BRSR CORE AND INVESTOR PROTECTION: AN ANALYSIS OF THE INDIAN LEGAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 651-659, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I462

ABSTRACT

This paper undertakes a critical study of the statutory and regulatory framework in the Security Law domain, namely, the Business Responsibility and Sustainability Report (BRSR) of SEBI while keeping investor protection as the core concern. After tracing the evolution of ESG right from CSR and pre-CSR times to mandatory disclosures in the securities domain along side a systematic comparative study with the respective frameworks of the European Union and the United States. The paper highlights noticeable structural challenges such as scale differences among the players and the undue advantage vested upon the issuers who are more aware and educated about the Environmental, Social and Governance disclosure. For recommendations, it proposes calibration in the assurance standards, use of easy and interactive language for reporting and disclosures along with targeted practices such as sectoral materiality guidance and digital tagging for interoperability. The conclusion advocates for adoption of an approach that balances transparency with practicability to protect investors from any possible jeopardization.

KEYWORDS: ESG Disclosure, BRSR Core, Investor Protection, Sustainable Finance