Author: PRASANNASRI26092001

THE EPISTEMOLOGICAL CRISIS OF DIGITAL EVIDENCE: NAVIGATING INDIA’S TRANSITION TO THE BSA AND BNSS

AUTHOR – SHOBHITA SINGH* & DR. SHAIWALINI 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 – SHOBHITA SINGH & DR. SHAIWALINI SINGH, THE EPISTEMOLOGICAL CRISIS OF DIGITAL EVIDENCE: NAVIGATING INDIA’S TRANSITION TO THE BSA AND BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 184-195, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The enactment of India’s new criminal justice framework comprising the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) marks a paradigm shift in the legal validity and operational integration of digital evidence. However, this transition introduces a fundamental epistemological crisis, where the formalistic admissibility mandates of the BSA, such as the rigid dual certification requirement under Section 63, collide with severe infrastructural deficits, undertrained first responders, and a critical lack of accredited digital forensic experts.

Through a comparative analysis with mature adversarial jurisdictions like the United States and the United Kingdom, this research highlights India’s lack of rigorous scientific gatekeeping (akin to the U.S. Daubert standard) and warns against the dangers of legally presuming computer reliability. Furthermore, the study explores a “Privacy Paradox” exacerbated by the broad state exemptions under Section 17 of the Digital Personal Data Protection (DPDP) Act. Unlike Western constitutional protections, this framework lacks a statutory “right to deletion” for non-responsive seized data, threatening to establish an unchecked surveillance architecture.

To bridge the gap between statutory intent and forensic reality, this paper advocates for the adoption of international protocols (ISO/IEC 27037 and NIST SP 800-86) alongside “trustless” technological architectures. Specifically, it proposes a Hybrid Blockchain-IPFS model to maintain a scalable, privacy-preserving, and immutable chain of custody for digital evidence. Ultimately, the research recommends strategic reforms including judicial gatekeeping for forensic tools, national expert accreditation, and a statutory mandate for data deletion to ensure that India’s digital-first justice system remains rigorous, transparent, and respectful of constitutional privacy rights.

Key words: Digital Evidence, Bharatiya Sakshya Adhiniyam (BSA), Scientific Gatekeeping Privacy Paradox, Chain of Custody

BRIDGING THE PROXY LIABILITY GAP: THE SHIFT FROM IPC ABETMENT TO SECTION 95 OF THE BHARATIYA NYAYA SANHITA (BNS)

AUTHOR – KARAN GUPTA* & DR. MUDRA 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 – KARAN GUPTA & DR. MUDRA SINGH, BRIDGING THE PROXY LIABILITY GAP: THE SHIFT FROM IPC ABETMENT TO SECTION 95 OF THE BHARATIYA NYAYA SANHITA (BNS) INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 176-183, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I420

ABSTRACT

This research paper critically examines the criminal liability of children within the Indian legal framework, tracking the evolution of statutory provisions from the Indian Penal Code (IPC), 1860, to the Bharatiya Nyaya Sanhita (BNS), 2023. It analyses the interpretative tension between the strict plain meaning of chronological age thresholds and the purposive construction championed by child rights jurisprudence. By evaluating the doctrine of doli incapax (IPC Sections 82 and 83) and the defence of triviality (IPC Section 95), the study highlights how modern socio-legal challenges such as organized proxy crimes—have exposed deep fissures in these colonial-era statutes. Through an analysis of landmark judicial rulings, the paper demonstrates the historical evidentiary failures in holding adult “handlers” accountable under traditional abetment laws, underscoring the significance of the new BNS Section 95 that explicitly criminalizes the hiring and engaging of children for offences. Furthermore, the research investigates the jurisprudential conflict between special legislations, particularly the paradox where the Juvenile Justice (JJ) Act permits trying 16-to-18-year-olds as adults for heinous crimes, while the Protection of Children from Sexual Offences (POCSO) Act simultaneously strips them of agency regarding sexual consent. The paper concludes that the Indian legal system must reconcile this dichotomy to adequately address the evolving capacities and autonomy of adolescents.

Keywords: Doli incapax, Bharatiya Nyaya Sanhita (BNS), Proxy liability, Juvenile Justice Act, POCSO Act.

PLEA BARGAINING IN INDIA: A CRITICAL APPRAISAL

AUTHOR – ISSAC BIFY PULLUKATTU* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – ISSAC BIFY PULLUKATTU & DR. ARVIND KUMAR SINGH, PLEA BARGAINING IN INDIA: A CRITICAL APPRAISAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 162-175, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Plea bargaining was introduced into the Indian criminal justice system through Chapter XXI-A of the Code of Criminal Procedure, 1973 (CrPC) by the Criminal Law (Amendment) Act, 2005, and has now been re-enacted with minor modifications under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It represents one of the most significant procedural innovations in post-independence Indian jurisprudence. The mechanism allows an accused person, charged with an offence not punishable by death, life imprisonment, or more than seven years’ imprisonment, to enter into a mutually satisfactory disposition with the prosecution and the victim, resulting in a reduced sentence imposed by the court. Despite being formally available for nearly two decades, empirical data reveal a strikingly low rate of use, prompting serious questions about its design, accessibility, and the structural conditions of Indian criminal justice. This paper undertakes a comprehensive examination of the statutory framework of plea bargaining in India—beginning from its historical genesis, tracking its legislative contours under the CrPC and the BNSS, and then subjecting it to critical analysis from the vantage points of procedural fairness, victim rights, systemic efficiency, and constitutional validity. Drawing upon Law Commission Reports, National Crime Records Bureau statistics, comparative jurisprudence from the United States and other jurisdictions, and scholarly commentary, the paper identifies the key promises and pitfalls of plea bargaining in India and concludes with a set of reform recommendations aimed at transforming this largely dormant provision into a genuinely functional instrument of restorative and expeditious justice.

IN CONSUMER PROTECTION WE TRUST RE-THINKING THE LEGAL FRAMEWORK FOR COUNTRY OF ORIGIN CASES

AUTHOR – ADV ABHIJEET ANAND POKHARNIKAR, LLM SHRI NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – ADV ABHIJEET ANAND POKHARNIKAR, IN CONSUMER PROTECTION WE TRUST RE-THINKING THE LEGAL FRAMEWORK FOR COUNTRY OF ORIGIN CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 148-161, APIS – 3920 – 0001 & ISSN – 2583-2344.

Chapter 1 Introduction

A. Introduction:-

Engaging with scholarly articles is a cornerstone of academic development, fostering critical thinking and enhancing one’s understanding of complex topics. An article review serves as a valuable exercise that not only deepens comprehension of specific research but also cultivates essential analytical skills. In this context, the researcher proposes to review the article titled “In Consumer Protection We Trust Re-thinking the Legal Framework for Country of Origin Cases” authored by Shmuel I. Becher and Jessica C. Lai. For this purpose, the researcher will employ various research models and critical analysis tools, completing the review under the guidance of the assigned research guide, to gain insights into the methodologies used, the findings presented, and their implications for the broader academic discourse.

The process of reviewing this article allows for a deeper exploration of the subject matter, encouraging a critical examination of the authors’ arguments and evidence. This analytical approach is vital, as it equips the researcher with the ability to discern credible research and apply its findings effectively in their own studies. Furthermore, the structured nature of an article review aids in organizing the knowledge acquired, enabling integration of new information with existing understanding, thereby enhancing overall academic performance.

Ultimately, this article review will not only enrich the researcher’s grasp of consumer protection law and country of origin cases but also foster a habit of critical engagement with academic literature, laying a foundation for lifelong learning and intellectual curiosity.

A STUDY ON ARTICLE 21 AND ITS ROLE IN PROTECTING HUMAN RIGHTS

AUTHOR – DIVYANSHI TIWARI* & DR. ROSHNI SHRIVASTAVA**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSOCIATE PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – DIVYANSHI TIWARI & DR. ROSHNI SHRIVASTAVA, A STUDY ON ARTICLE 21 AND ITS ROLE IN PROTECTING HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 133-147, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I417

Abstract

Article 21 of the Constitution of India has evolved into the most significant and dynamic provision for the protection and promotion of human rights. Initially interpreted in a narrow and procedural sense, the provision has undergone a transformative expansion through judicial interpretation, particularly since the landmark decision in Maneka Gandhi v. Union of India. This research paper undertakes a doctrinal and analytical study of Article 21, examining its scope, evolution, and role in safeguarding human dignity within the Indian legal framework.

The study highlights how the judiciary has interpreted the term “life” to include a wide spectrum of derivative rights such as the right to livelihood, health, education, privacy, and a clean environment. It further analyses the intersection of Article 21 with various statutory laws, including criminal, environmental, and digital regulations, thereby demonstrating its integrative role in ensuring substantive justice. The paper also explores the alignment of Article 21 with international human rights instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

Additionally, the research addresses contemporary challenges, including digital surveillance, artificial intelligence, and environmental degradation, which test the adaptability of Article 21 in modern governance. Despite its expansive interpretation, issues such as implementation gaps, judicial delays, and socio-economic inequalities continue to hinder its full realization. The paper concludes by emphasizing the need for institutional reforms and stronger enforcement mechanisms to uphold the constitutional promise of life and personal liberty.

Keywords: Article 21, Right to Life, Human Rights, Constitutional Law, Judicial Activism, Due Process, Privacy, Environmental Rights, Indian Legal System, Fundamental Rights

NAVIGATING INDIAN SPECTRUM AUCTIONS: A CRITICAL EXAMINATION OF POLICY AND LAW

AUTHOR – ANUSHKA SHARMA & YASH KUMAR

STUDENTS AT FACULTY OF LAW, BANARAS HINDU UNIVERSITY

BEST CITATION – ANUSHKA SHARMA & YASH KUMAR, NAVIGATING INDIAN SPECTRUM AUCTIONS: A CRITICAL EXAMINATION OF POLICY AND LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 118-132, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I416

ABSTRACT

Indian spectrum allocation policy has faced severe criticism over the years, especially in light of the 2g spectrum scam of 2008. The need for transparency and equitability in the allocation procedure highlighted by the scam has inspired many reforms and changes in the practice. The enactment of the Telecommunications Act of 2023  is a step towards reform in the same direction. The Act intends to mark a pivotal shift in the practice of spectrum allocation by modernizing the regulatory framework and providing auctions as the preferred mode of spectrum allocation in India. This article aims to analyse the spectrum allocation process in India and its impact on the current practice. It aims to critically analyze the impact of the Telecommunications Act, 2023 on the practice of spectrum allocation while exploring the challenges that continue to hinder the efficiency of spectrum allocation in India. The article also analyzes the framework and outcome of the recent spectrum auctions organized in 2022 and 2024, in an attempt to explore India’s preparedness to adopt 5g technology and the upcoming 6g technology. While the Telecommunications Act has attempted to lay down the basic principles governing the process of spectrum auctions in India, the need for further reforms to address the persistent issues like the lack of available spectrum, high reserve prices, and inflexibility, can not be overlooked. We argue that the adopting more dynamic measures and reforming the existing regulatory framework for spectrum auctions can prove to be helpful for the Indian spectrum market and telecom sector, ultimately leading to economic growth and social development.

Keywords: Spectrum, allocation, auction, telecommunication, technology.

A CRIMINOLOGICAL ANALYSIS OF AKKU YADAV: SOCIAL, ECONOMIC, AND INSTITUTIONAL FACTORS IN THE MAKING OF A SERIAL OFFENDER

AUTHOR – MS. PURVA PARAB & MR. SOHAM REDKAR

4^TH YEAR BA.LLB STUDENTS AT THAKUR RAMNARAYAN COLLEGE OF LAW.

BEST CITATION – MS. PURVA PARAB & MR. SOHAM REDKAR, A CRIMINOLOGICAL ANALYSIS OF AKKU YADAV: SOCIAL, ECONOMIC, AND INSTITUTIONAL FACTORS IN THE MAKING OF A SERIAL OFFENDER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 110-117, APIS – 3920 – 0001 & ISSN – 2583-2344.

      ABSTRACT

In this paper, the criminological issues regarding the case of Bharat Kalicharan Yadav, commonly referred to as Akku Yadav, will be discussed with reference to the importance of social conditions and institutional failure in developing criminal behavior. The case throws light on a very serious issue, which is the development of a habitual offender within a setting that is characterized by poverty, ineffective law enforcement, and long-term deprivation of justice, which eventually culminates into an extreme level of retaliation by the masses.
This study aims at examining the factors that led to shaping of criminal behaviors of Akku Yadav, as well as to appreciate how the failures of the system played a role in shaping his behavior and the reaction of the community. Criminological theories such as sociological, socialist, cartographic, and clinical approaches were applied in the paper to give a closer insight into the case. The methodology of the study is doctrinal and case study by basing on secondary sources like books, journal articles and reported accounts. In this way, it analyses the interaction of individual behavior, environmental social condition and institutional response.
Findings indicate that when socio-economic disadvantage, exposure to criminal influences and absence of effective policing was combined, criminal activities were sustained over a long duration. Also, the institutional inaction, repeated resulted in the build-up of frustration in the population, which ultimately led to mob violence in a courtroom.
The paper concludes that as much as social and economic factors can be involved in criminal behavior, the breakdown of the justice system also plays an important role in compounding such situation. The tougher enforcement of the law, timely judicial procedures, and underlying social conditions are vital to ensure that such situations will not occur again, as well as to preserve the rule of law.

Key Words- Serial Offender, Sociological School, Social Disorganization, Criminal Behavior, Institutional Failure

RIGHTS OF ACCUSED DURING CRIMINAL TRIALS AND FAIR TRIAL GUARANTEES

AUTHOR – JYOTI PATHAK, STUDENT AT AMITY UNIVERSITY NOIDA UTTAR PRADESH

BEST CITATION – JYOTI PATHAK, RIGHTS OF ACCUSED DURING CRIMINAL TRIALS AND FAIR TRIAL GUARANTEES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 99-109, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

 A key component of the criminal justice system, the rights of the accused are crucial to maintaining justice, legitimacy, and the rule of law. Protecting these rights becomes much more important in sexual assault prosecutions, when public opinion, media attention, and social pressure are frequently strong. The legal system has rightfully changed to improve victim protection, but it also needs to make sure that the accused is not denied their rights to a fair trial, procedural protections, and constitutional guarantees. In the context of sexual assault proceedings, this chapter looks at the extent, development, and difficulties related to the rights of the accused.

ALGORITHMIC EVIDENCE ON TRIAL: EVALUATING THE ADMISSIBILITY OF AI-GENERATED FORENSIC OUTPUTS UNDER DIVERGENT GLOBAL JUDICIAL STANDARDS

AUTHOR – DINESH KUMAR B* & MS. HEMAVATHY**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – DINESH KUMAR B & MS. HEMAVATHY, ALGORITHMIC EVIDENCE ON TRIAL: EVALUATING THE ADMISSIBILITY OF AI-GENERATED FORENSIC OUTPUTS UNDER DIVERGENT GLOBAL JUDICIAL STANDARDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 87-98, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The advent of artificial intelligence (AI) in forensic science has revolutionized evidence generation, from facial recognition to digital trace analysis and predictive modelling. Yet, AI-generated forensic outputs face unprecedented scrutiny in courtrooms worldwide due to divergent judicial standards governing admissibility. This research evaluates the challenges of introducing algorithmic evidence under frameworks such as the U.S. Daubert standard, which demands testability, peer review, and known error rates, contrasted with the United Kingdom’s more flexible common law approach and the inquisitorial models of civil law jurisdictions across the European Union. Central tensions arise from AI’s ‘black box’ opacity, where proprietary algorithms obscure reasoning, raising concerns over reproducibility and bias. Empirical analysis of landmark rulings reveals rejection rates exceeding 40% for unvalidated AI tools in adversarial proceedings, underscoring risks to judicial integrity. Key barriers include insufficient validation benchmarks, the absence of forensic-specific error metrics, cross-jurisdictional data privacy conflicts, and judicial unfamiliarity with AI limitations such as dataset skews that amplify racial biases. Proposed reforms advocate hybrid standards: mandatory AI explainability audits, international certification extending ISO 17025 frameworks, Rule 707-style disclosures for machine-generated evidence, and federated learning for privacy-preserving cross-border validation. By dissecting admissibility criteria through comparative legal lenses, this study charts pathways for harmonised protocols, ensuring AI enhances rather than erodes forensic trustworthiness. Balancing innovation with due process demands urgent, evidence-based judicial evolution.

Keywords: algorithmic evidence, AI admissibility, Daubert standard, forensic AI, judicial standards, black box opacity, evidentiary reliability, algorithmic bias, explainable AI, cross-jurisdictional forensics.

ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY IN INDIA: A LEGAL ANALYSIS IN THE AGE OF AUTOMATION

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

* STUDENT AT AMITY UNIVERSITY

** PROFESSOR AT AMITY UNIVERSITY

BEST CITATION – HARSHIT TRIPATHI & DR. ARVIND KUMAR SINGH, ARTIFICIAL INTELLIGENCE AND CRIMINAL LIABILITY IN INDIA: A LEGAL ANALYSIS IN THE AGE OF AUTOMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 82-86, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) has emerged as one of the most transformative technological developments of the twenty-first century, significantly altering the way societies function, economies operate, and governance is structured¹. Its increasing integration into sectors such as transportation, healthcare, finance, and law enforcement has not only improved efficiency and decision-making but has also raised complex legal and ethical concerns². Among these concerns, the issue of criminal liability occupies a central position³. Traditional criminal law is based on the principles of human agency, intention, and moral culpability, all of which become difficult to apply in the context of autonomous systems⁴. AI systems operate through algorithms and machine learning processes that may produce outcomes beyond the direct control or anticipation of their creators⁵. This creates a significant challenge in determining responsibility when such systems cause harm⁶.

This research paper critically examines the concept of criminal liability in the context of artificial intelligence within the Indian legal framework. It analyses the applicability of foundational legal doctrines such as actus reus and mens rea to AI-related conduct and explores the limitations of existing laws such as the Indian Penal Code and the Information Technology Act⁷. The paper further examines real-world examples, including autonomous vehicle accidents and the misuse of deepfake technology, to illustrate the practical implications of AI-driven harm⁸. A comparative analysis of international regulatory approaches is also undertaken to identify best practices⁹. The study concludes that the current legal framework in India is inadequate to address the complexities of AI-related liability and calls for the development of a comprehensive legal regime that ensures accountability while promoting technological innovation¹⁰.

Keywords: Artificial Intelligence, Data Privacy, Indian Legal System, Algorithmic Accountability, Digital Governance, Fundamental Rights, Technology Regulation