Author: PRASANNASRI26092001

“ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN DEVELOPING COUNTRY (INDIA) – COPYRIGHT LAW”

AUTHOR- NAMRATA M. JADHAV, LLM STUDENT OF DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – NAMRATA M. JADHAV, “ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN DEVELOPING COUNTRY (INDIA) – COPYRIGHT LAW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 722-727, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Copyright protects the interest of creators by giving them exclusive rights to use and distribute their creations.The concept of intellectual property rights (IPR) emerged in the 18th century, with copyright law evolving alongside the printing press. This early focus on protecting creative works has evolved into a complex web of international treaties and national legislation governing everything from patents to trademarks. Today, IPR enforcement is a complex and often contested issue, particularly in developing countries. While the global push for intellectual property protection has grown, enforcing these rights in the face of limited resources, cultural nuances, and the rise of digital piracy presents significant challenges. Copyright law aims to protect the exclusive rights of creators to control the use and distribution of their works. This system aims to incentivize creativity and innovation, but in the globalized marketplace, enforcement in developing countries often lags behind, leading to a complex interplay of legal frameworks, economic realities, and cultural sensitivities.

This research aims to critically analyse the challenges and explore potential reforms that could strengthen copyright enforcement in developing country like India and a comparative study between USA and India as USA is leading in world in terms of protection of IPR (Copyright). The potential reforms might include: a) Educate the locals about copyright laws and the challenges faced in developing and implementation. b) Develop and encourage contracts and partnership between government and international organisations.

Keywords: Copyright, IPR, Developing Country, Legal Framework, Digital Piracy.

INDIA’S PREVENTION OF CORRUPTION ACT IN PROSECUTING WHITE – COLLAR FINANCIAL CRIMES: A LEGISLATIVE CRITIQUE

AUTHOR – TARUN. M, STUDENT AT SCHOOL OF LAW (CHRIST DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – TARUN. M, INDIA’S PREVENTION OF CORRUPTION ACT IN PROSECUTING WHITE – COLLAR FINANCIAL CRIMES: A LEGISLATIVE CRITIQUE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 702-721, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

White-collar offenses against finance have been among the most formidable threats to Indian economic growth and institutional integrity since the early 21^st century. These offenses, much more than commonly accepted notions of corruption with black-and-white bribery, frequently utilize technological innovation, regulatory arbitrage, and globalization. Criminals increasingly exploit elaborate structures of corporate intermediaries, off-shore vehicles, and internet systems to hide and divert illegal profits such that conventional enforcement strategies prove ineffective.

The Prevention of Corruption Act, 1988 (PCA), conceived as India’s flagship anti-corruption statute, had been authored in a time when corrupt practices were unambiguous, discernible, and often restricted to transparent transactional connections between public officers and private individuals. Economic liberalization and technological advances having taken place since then, the flaws in the provisions of the PCA – i.e., its antiquated definition, procedural requirements, and standard of proof – have been underscored by today’s white-collar crimes such as recent fiscal scams and institutional malfeasance.

Legislative amendments – primarily, the 2018 amendment – enlarged PCA’s scope to include corporate bodies and attempted to make the legal response current. Even then, though, PCA is seriously failing to achieve accountability for serious complex financial malfeasance. Procedural challenges like a necessity for pre-sanction to prosecute public officials and converging investigative authorities among agencies frequently cause effective prosecution to be untimely. Moreover, ambiguity about corporate liability, reluctance to use asset forfeiture, and low deterrence to high-dollar value financial crimes weaken PCA’s deterrent effect.

This paper utilizes doctrinal analysis, case law, and comparative jurisprudence to assess the effectiveness of the Prevention of Corruption Act in the age of digital information. Through an analysis of legislative design, effects of judicial construction, and enforcement strategies, this paper lays out fundamental weaknesses and recommends holistic changes. These results highlight the imperative that anti-corruption laws within India be reshaped to match international best practices enabled to handle complex realities of economic crime and maintaining economic and institutional confidence.

Keywords: Prevention of Corruption Act, white collar financial crimes, corporate corruption, legislative reforms, forfeiture of assets, judicial commentary.

DEEPFAKE DETECTION AS FORENSIC EVIDENCE: MINIMUM TECHNICAL STANDARDS AND ADMISSIBILITY TESTS IN COURT

AUTHOR – DHANU* & MR. SUGITH KUMAR**

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

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

BEST CITATION – DHANU & MR. SUGITH KUMAR, DEEPFAKE DETECTION AS FORENSIC EVIDENCE: MINIMUM TECHNICAL STANDARDS AND ADMISSIBILITY TESTS IN COURT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 684-701, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The rapid development of artificial intelligence has enabled the creation of highly realistic synthetic media, commonly known as deepfakes. These manipulated audio, video, and image files pose significant challenges to the integrity of digital evidence and the administration of justice. As deepfake technology becomes more sophisticated, courts increasingly face difficulties in determining the authenticity and reliability of digital content presented as evidence. This study examines the role of deepfake detection in digital forensics and proposes minimum technical standards for identifying manipulated media in legal proceedings.

The paper analyses the technological methods used in deepfake detection, including machine learning–based forensic tools, metadata analysis, artifact detection, and biometric inconsistencies. It emphasizes the importance of establishing standardized forensic procedures, including proper chain of custody, validation of detection tools, reproducibility of results, and expert verification. Without such standards, the risk of wrongful admission or rejection of digital evidence may undermine the fairness of trials.

In addition, the study explores the admissibility tests applied by courts when evaluating digital evidence. These include relevance, authenticity, reliability, and compliance with evidentiary rules governing electronic records. The paper discusses how existing legal frameworks for electronic evidence can be adapted to address deepfake-related challenges, highlighting the need for clear judicial guidelines and expert testimony in evaluating AI-generated content.

The possibility of fabricated visual or audio material being presented as genuine evidence raises significant challenges for courts, investigators, and forensic experts. Therefore, establishing reliable deepfake detection methods and defining minimum technical standards for forensic examination have become essential for ensuring the credibility of digital evidence.

This study examines the role of deepfake detection as forensic evidence and explores the minimum technical requirements necessary for identifying manipulated media. It discusses the use of advanced forensic tools, including artificial intelligence–based detection algorithms, metadata analysis, frame-level examination, and biometric inconsistencies, which help experts determine the authenticity of digital content. The research also highlights the importance of maintaining the chain of custody, proper documentation, and verification procedures during the forensic investigation process.

PRIVACY VIS-À-VIS TRANSPARENCY: RECONCILING THE RIGHT TO INFORMATION ACT, 2005 WITH THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

AUTHOR – DR. S. PADMAJA,M.A. LL.M. PHD., ASSISTANT PROFESSOR IN LAW (PT), UNIVERSITY COLLEGE OF LAW, KAKATIYA UNIVERSITY, WARANGAL, T.S.(INDIA)

BEST CITATION – DR. S. PADMAJA, PRIVACY VIS-À-VIS TRANSPARENCY: RECONCILING THE RIGHT TO INFORMATION ACT, 2005 WITH THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 678-683, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/GMEO4129

Abstract

The Indian constitutional framework simultaneously advances two foundational democratic commitments: transparency in governance and protection of individual privacy. Transparency, institutionalised through the Right to Information Act, 2005 (RTI Act), is essential for accountability, participatory democracy, and control of corruption. Privacy, elevated to the status of a fundamental right under Article 21 by the Supreme Court in Justice K.S. Puttaswamy v. Union of India, is integral to human dignity and individual autonomy. The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) has recalibrated the legal landscape governing informational privacy, particularly in the digital sphere. This article undertakes an in-depth doctrinal, constitutional, and jurisprudential analysis of the interface between privacy and transparency in India. It argues that privacy and transparency are not antithetical values but must be reconciled through principles of proportionality, public interest, and harmonious statutory interpretation. The article further contends that an overly expansive application of data protection norms risks diluting the transformative potential of the RTI regime and weakening democratic accountability.

Keywords: Transparency in Governance, Right to Information Act, 2005, Right to Privacy (Article 21), Digital Personal Data Protection Act, 2023, Democratic Accountability

LEGAL POSITIVISM AND ITS IMPLICATION ON THE INDIAN CONSTITUTION

AUTHOR – AKSHAY SIBY, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – AKSHAY SIBY, LEGAL POSITIVISM AND ITS IMPLICATION ON THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 670-677, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Legal positivism is one of the most influential schools of jurisprudence in modern legal theory. It emphasizes that the validity of law depends primarily on its source and institutional authority, rather than its moral content. According to positivist thinkers, law derives legitimacy from recognized legal procedures and institutions, not from moral ideals such as justice or fairness. This perspective contrasts with natural law theory, which maintains that law must be grounded in moral principles in order to possess legitimacy.¹

The constitutional framework of India offers a significant context for examining the application and limitations of legal positivism. The Indian Constitution functions as the supreme law of the land, establishing the foundation for legislative authority, executive governance, and judicial interpretation. In this sense, the constitutional structure reflects positivist legal reasoning, as legal validity depends on conformity with the Constitution.²

However, the development of Indian constitutional jurisprudence demonstrates that the judiciary often goes beyond strict positivist reasoning. Through doctrines such as the Basic Structure Doctrine, the expansion of fundamental rights, and the recognition of constitutional morality, courts have incorporated broader principles of justice, liberty, and democratic governance into constitutional interpretation.

Landmark judgments of the Supreme Court of India have played a crucial role in shaping this evolution. Cases such as Kesavananda Bharati v. State of Kerala and Maneka Gandhi v. Union of India illustrate how constitutional interpretation may integrate both positivist and normative principles. These decisions demonstrate that while the Constitution remains the ultimate legal authority, its interpretation often requires courts to consider broader values embedded in the constitutional framework.

This research paper examines the theoretical foundations of legal positivism and evaluates its implications within the Indian constitutional system. By analyzing constitutional provisions, jurisprudential theories, and landmark judicial decisions, the paper explores the extent to which positivist legal reasoning influences Indian constitutional law and how it interacts with broader principles of justice and democracy.

Key Words: Legal Positivism, Constitutional Supremacy, Basic Structure Doctrine, Judicial Review, and Indian Constitutional Law.

DECOLONIZING JUSTICE – LEGAL CRITIQUE OF THE CARCERAL SYSTEMS IN POST-COLONIAL STATES WITH SPECIAL REFERENCE TO INDIA, SOUTH AFRICA, AND CANADA

AUTHOR – SAMANTHA SMRITI R, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – SAMANTHA SMRITI R, DECOLONIZING JUSTICE – LEGAL CRITIQUE OF THE CARCERAL SYSTEMS IN POST-COLONIAL STATES WITH SPECIAL REFERENCE TO INDIA, SOUTH AFRICA, AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 655-669, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper examines the colonial roots and lasting impact of carceral systems in post-colonial countries, especially India, South Africa, and Canada. It looks into how colonial law continues to shape prison management, legislation, and the ongoing oppression of marginalized groups in these regions. Using doctrinal, analytical, and comparative methods, the study evaluates current penal laws and their alignment with restorative justice. It calls for decolonial strategies that challenge punitive colonial legacies and improve rehabilitation, human dignity, and community-based options. By comparing indigenous justice traditions with colonial punitive models, this article contributes to the academic discussion on decolonizing justice systems and proposes inclusive legal reforms for social equity and the protection of human rights.

THE GHOST IN THE MACHINE: A DOCTRINAL AND COMPARATIVE ANALYSIS OF GENERATIVE AI, COPYRIGHT AUTHORSHIP, AND PERSONALITY RIGHTS IN INDIA

AUTHOR – AKANSHA TOPPO, STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL MADHYA PRADESH

BEST CITATION – AKANSHA TOPPO, THE GHOST IN THE MACHINE: A DOCTRINAL AND COMPARATIVE ANALYSIS OF GENERATIVE AI, COPYRIGHT AUTHORSHIP, AND PERSONALITY RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 648-654, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The precipitous rise of Generative Artificial Intelligence (AI) technologies, exemplified by Large Language Models (LLMs) and Generative Adversarial Networks (GANs), has disrupted the ontological foundations of intellectual property law. This paper undertakes a doctrinal and comparative critique of the Indian Copyright Act, 1957 and the Information Technology Act, 2000 in the wake of this algorithmic revolution. The study is divided into three thematic verticals. First, it scrutinizes the “Authorship Conundrum” by juxtaposing the Lockean “sweat of the brow” doctrine against the modern “modicum of creativity” standard established in Eastern Book Company v. D.B. Modak. It argues that Section 2(d)(vi) of the Copyright Act creates a legislative vacuum for autonomous AI works. Second, the paper navigates the “Personality Rights Crisis” triggered by Deepfakes. Through a forensic analysis of the Anil Kapoor v. Simply Life India judgment, it evaluates whether the common law tort of passing off is a sufficient remedy for digital identity theft. Third, it examines the “Intermediary Liability” framework under the IT Rules, 2021, questioning whether safe harbour provisions should extend to algorithmic amplification of infringing content. Concluding with a comparative analysis of the US, UK, and EU jurisdictions, the paper proposes a sui generis “Data Rights Framework” that decouples human creativity from machine investment, advocating for a statutory amendment to recognize “AI-Assisted Works” as a distinct class of intellectual property.

Keywords: Generative AI, Copyright Authorship, Personality Rights, Deepfakes, Intermediary Liability, Eastern Book Company, Anil Kapoor Judgment.

THE EROSION OF THE ‘SOCIAL CONTRACT’: A HUMAN RIGHTS CRITIQUE OF INDIA’S NEW LABOUR CODES

AUTHOR – AKANSHA TOPPO, STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL MADHYA PRADESH

BEST CITATION – AKANSHA TOPPO, THE EROSION OF THE ‘SOCIAL CONTRACT’: A HUMAN RIGHTS CRITIQUE OF INDIA’S NEW LABOUR CODES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 642-647, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The promulgation of the four New Labour Codes—the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020—marks a watershed moment in India’s industrial jurisprudence. While the stated legislative intent is to simplify the labyrinthine complex of 29 central labour laws and foster “Ease of Doing Business,” this paper argues that the consolidation comes at a significant cost to the fundamental human rights of the working class.

This paper adopts a rights-based approach to critique the Codes, analyzing them against the anvil of the International Labour Organization’s (ILO) Core Conventions and the Constitutional mandate of Article 21 and Article 43. Specifically, it scrutinizes the dilution of the “Right to Strike” under the Industrial Relations Code, the exclusion of millions of informal and gig workers from the mandatory ambit of the Social Security Code, and the potential violation of the “Right to Dignified Work” through increased threshold limits for retrenchment.

The central hypothesis is that the Codes represent a paradigm shift from “State Paternalism” to “Market Facilitation,” effectively rewriting the social contract between the State and Labour. By expanding the discretionary powers of the “appropriate government” to exempt establishments from statutory compliance, the Codes risk reducing labour rights to mere administrative dispensations rather than inalienable human rights. The paper concludes by suggesting a human-rights-centric review of the Codes to balance economic growth with social justice, ensuring that the “Amrit Kaal” of the Indian economy does not become a dark age for its workers.

Keywords: Labour Codes 2020, Human Rights, ILO Conventions, Right to Strike, Social Security, Gig Economy.

NOVEL PSYCHOACTIVE SUBSTANCES: DETECTION, FORENSIC TOXICOLOGY, AND LEGAL FRAMEWORKS WITH SPECIAL REFERENCE TO THE INDIAN CONTEXT

AUTHOR – BALA SRINIVASAN M* & MS. HEMAVATHY**

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

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

BEST CITATION – BALA SRINIVASAN M & MS. HEMAVATHY, NOVEL PSYCHOACTIVE SUBSTANCES: DETECTION, FORENSIC TOXICOLOGY, AND LEGAL FRAMEWORKS WITH SPECIAL REFERENCE TO THE INDIAN CONTEXT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 629-641, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Novel psychoactive substances (NPS) represent one of the most rapidly evolving challenges in contemporary forensic toxicology, public health governance, and narcotics law enforcement. Designed to chemically mimic the pharmacological effects of controlled substances while evading existing legislative controls, NPS have proliferated globally with alarming speed. This paper examines the scientific landscape of NPS detection across biological matrices, exploring immunoassay screening limitations, chromatographic confirmatory methods including GC-MS and LC-MS/MS, and the transformative potential of high-resolution mass spectrometry and portable spectroscopic technologies. The paper further situates these analytical challenges within the Indian legal framework under the Narcotic Drugs and Psychotropic Substances Act 1985, examining relevant case law and institutional responses. It concludes with an assessment of AI-driven innovations and their prospects for proactive NPS monitoring. The interface between analytical chemistry and law is shown to be critical: without robust, validated detection, the prosecution of NPS-related offences and the protection of public health remain fundamentally compromised.

ARTIFICIAL INTELLIGENCE AND LAW: IS THE INDIAN LEGAL FRAMEWORK READY?

AUTHOR – TEJAS R GOWDA, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – TEJAS R GOWDA, ARTIFICIAL INTELLIGENCE AND LAW: IS THE INDIAN LEGAL FRAMEWORK READY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 617-628, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JPRB7370

ABSTRACT

Artificial Intelligence (AI) is increasingly transforming governance, public administration, and law enforcement across the globe. Governments are integrating algorithmic systems into decision-making processes in order to improve efficiency, optimize resource allocation, and enhance security mechanisms. In India, artificial intelligence technologies such as facial recognition systems, predictive policing tools, and advanced data analytics platforms are gradually becoming embedded within law enforcement frameworks. While these technological innovations promise enhanced public safety and improved efficiency in criminal investigations, they simultaneously raise significant legal, ethical, and constitutional concerns.

Despite the rapid adoption of AI technologies, India currently lacks a comprehensive legal framework governing the development, deployment, and accountability of artificial intelligence systems. Existing legislation such as the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the Digital Personal Data Protection Act, 2023 provide only fragmented regulatory oversight. These statutes were enacted before the widespread emergence of sophisticated algorithmic systems and therefore fail to address the complex legal challenges associated with modern AI technologies.

This research paper examines the readiness of the Indian legal framework to regulate artificial intelligence technologies used in law enforcement, with particular emphasis on facial recognition systems. The study evaluates the constitutional implications of AI-based surveillance technologies under Articles 14 and 21 of the Constitution of India, focusing on the protection of equality, privacy, and personal liberty. Through doctrinal legal analysis and comparative evaluation of international regulatory models—particularly the European Union’s proposed Artificial Intelligence Act—the paper identifies significant gaps in India’s regulatory approach.

The research argues that the absence of comprehensive legal safeguards governing artificial intelligence creates a regulatory vacuum that may facilitate arbitrary state action and undermine fundamental rights. To address these concerns, the paper proposes the enactment of dedicated artificial intelligence legislation, the establishment of independent oversight authorities, and the implementation of transparency and accountability mechanisms governing algorithmic systems. Ultimately, the paper concludes that India must urgently develop a balanced regulatory framework that promotes technological innovation while safeguarding constitutional freedoms and democratic values.