Author: PRASANNASRI26092001

RIGHT TO PRIVACY: AN ANALYSIS OF THE LEGAL FRAMEWORKS IN THE USA, UK, AND INDIA

AUTHOR – ASHMITA GUPTA*, ANKIT RAJ** & UJJWAL PRAKASH**

* ASSISTANT PROFESSOR AT LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

** STUDENTS AT LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – ASHMITA GUPTA, ANKIT RAJ & UJJWAL PRAKASH, RIGHT TO PRIVACY: AN ANALYSIS OF THE LEGAL FRAMEWORKS IN THE USA, UK, AND INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 184-191, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/VPOB1226

Abstract

The history of humankind is as old as the right to privacy. It is one of the most important issues of the day and is changing along with the dynamics of human society. Unquestionably, social media represents a significant danger to the right to privacy and is the new vitality of this generation. This right encompasses a broad scope, which causes it to become intertwined with other rights like the freedom to information. The two are not balanced, which creates privacy issues that require adjustments. This essay aims to provide an overview of the legal problems and the methods that different countries have chosen to address them. The rights to privacy are fraught with such complexity. delicately woven, thus care must be taken to maintain its integrity and safeguard the core of our fundamental human right the right to privacy.

ARTICLE 21 AND FAIR TRIAL IN INDIAN CRIMINAL JUSTICE SYSTEM

AUTHOR – SIMRAN SRIVASTAVA* & DR. JYOTSNA SINGH**

* LLM. (CRIMINAL LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – SIMRAN SRIVASTAVA & DR. JYOTSNA SINGH, ARTICLE 21 AND FAIR TRIAL IN INDIAN CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 173-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the profound transformation of India’s criminal justice system specifically the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) through the evolving constitutional jurisprudence of Article 21. Moving away from colonial-era statutory literalism, the post-Maneka Gandhi paradigm has reimagined criminal procedures as substantive guarantees of “fair, just, and reasonable” state action. The study analyses the constitutional necessity of mens rea as a vital safeguard against the arbitrary deprivation of liberty, critically examining its friction with strict liability doctrines, reverse burden clauses, and involuntary conduct.

Furthermore, the paper investigates the intersection of bodily offences and constitutional rights, highlighting the establishment of a right to “mental privacy” which limits involuntary neuro-scientific investigations such as narco-analysis and polygraphs. It traces the operationalization of procedural fairness across crucial domains, including capital sentencing guidelines, anti-harassment measures during police investigations, and the evolution of bail jurisprudence.

Addressing modern challenges, the research evaluates the integration of cyber offences, emphasizing the stringent procedural safeguards required for digital evidence admissibility under Section 65B and the ongoing privacy concerns surrounding device seizures and self-incrimination. Finally, the analysis highlights a significant paradigm shift toward victim-centric fairness, detailing the expansion of victim rights to include statutory compensation, the right to appeal acquittals, and active participation in bail hearings. Ultimately, this paper demonstrates how the Indian judiciary has dynamically balanced the state’s penal power with civil libertarian values, effectively rewriting the procedural DNA of Indian criminal law.

Keywords: Article 21, Mens Rea, Mental Privacy, Digital Evidence, Victim-Centric Fairness.

THE GREAT WRIT IN INDIA: SAFEGUARDING LIBERTY THROUGH HABEAS CORPUS

AUTHOR – OWAIZ AHMED KHAN SHIRANI & SANJANA C JAKHAD

STUDENTS OF ST JOSEPH’S COLLEGE OF LAW

BEST CITATION – OWAIZ AHMED KHAN SHIRANI & SANJANA C JAKHAD, THE GREAT WRIT IN INDIA: SAFEGUARDING LIBERTY THROUGH HABEAS CORPUS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 169-172, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MJQB8650

ABSTRACT:

Habeas Corpus or the Great Writ is one of the most important and valuable writs in public law. It is a extraordinary writ through which the court maintains its control over the liberty of the subject. It is known as the greatest safeguard of the personal freedom of the individual. Habeas Corpus is a common law remedy and Articles 32 and 226 of the Constitution of India have incorporated this writ so that the courts can exercise power to issue a writ of Habeas Corpus for the enforcement of Fundamental Rights. In this paper, the origin and history of Habeas Corpus, Constitutional provision regarding the Writ, growth of the Writ of Habeas Corpus in India and the importance of this extraordinary writ in the present scenario is being discussed. The Judicial interpretation of Habeas Corpus in India and the much controversial case of ADM Jabalpur v. Shivkant Shukla and also, the landmark cases that have contributed to the development of the Writ of Habeas Corpus is being highlighted. Habeas Corpus is treated as a fundamental safeguard of personal liberty that requires the state to justify detention before an independent tribunal. The paper analyses the key cases that shaped modern doctrine, and discusses tensions between national security and rights protection in the 21^st century.

THE TRANSFORMATION OF DIGITAL EXHAUSTION PRINCIPLES AND OPEN LICENSING REGIMES: STRIKING A BALANCE BETWEEN INNOVATION AND PROPRIETARY CONTROL

AUTHOR – SHALINI GIRI* & DR. SUKRITI YADAV**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – SHALINI GIRI & DR. SUKRITI YADAV, THE TRANSFORMATION OF DIGITAL EXHAUSTION PRINCIPLES AND OPEN LICENSING REGIMES: STRIKING A BALANCE BETWEEN INNOVATION AND PROPRIETARY CONTROL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 157-168, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article takes as its premise that the digital economy has changed significantly enough that IP law and doctrine has been altered in some substantial fashion. The article begins with the statement that the first sale doctrine is a fundamental principle of IP law, but then delves into the problems created by the digital economy with respect to the use and dissemination of copyrighted materials and thereby the applicability of the first sale doctrine to digital products. In the analog world, this became an issue with respect to physical copies of movies, music and software and the issue of whether or not purchasing a copy meant that you could resell that copy. The issues in the digital economy are dramatically more complex, however, given the speed at which information can be distributed, the manner in which information and other materials are stored in the cloud, and the manner in which people access materials and pay for goods and services in a subscription based economy. Each of these factors raises significant doctrinal and conceptual issues concerning the first sale doctrine in the context of digital products.

The concept of digital exhaustion has evolved in response to the rapid evolution of technology and the differing judicial approaches to this concept that have been adopted in various Member States. The present article carries out a critical analysis of this evolution. The author analyses the competition between different sets of rules governing the exercise of copyright, focusing specifically on statutory limits on exclusive rights and on the principle of contractual freedom, through the prism of open access licensing, such as the Creative Commons licence. The author illustrates how, by choosing to apply a Creative Commons licence, the author of a work is able to modify on a voluntary basis the terms of authorization and to extend the category of beneficiaries by ensuring that the copyright reserved in respect of that work is fully preserved.

This project aimed at exploring through doctrinal analysis and comparative research the tensions between competing values such as innovation, competition, consumers and the legitimate interests of copyright holders as they are dealt with in the copyright legislation of each country. The project’s findings were that the new business models of digital distribution require a revolution in the copyright law on exhaustion and licensing as well as more refined and detailed categorisation of copyright ownership to achieve more transparency in digital transactions and greater harmonisation of copyright law. A calibrated approach is required to balance competing values in the fields of access to knowledge and the digital economy.

THE AI AUTHORSHIP PARADOX: NAVIGATING COPYRIGHT LAW IN THE AGE OF GENERATIVE SYSTEMS

AUTHOR – SUPRIYA IVATURY, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – SUPRIYA IVATURY, THE AI AUTHORSHIP PARADOX: NAVIGATING COPYRIGHT LAW IN THE AGE OF GENERATIVE SYSTEMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 149-156, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Artificial intelligence (AI) systems, and generative AI in particular, are expanding exponentially, posing unprecedented challenges to the premises of copyright law. Modern AI can independently produce literary works, music, computer-generated art, screenplays, and even complicated computer code, which are almost indistinguishable when compared to human-generated expression. Postmodern trends interfere with the conventional concept of copyright that has traditionally been based on human authorship, intellectual labour, and individual creative expression. With the increasing involvement of AI in the process of creating expressive works, the fundamental principles of the field, including authorship, originality, ownership, infringement, moral rights, and liability, are on the urgent agenda.

This paper critically analyses the effect of AI on the copyright law based on the doctrinal, comparative, and policy analyses. It examines how the human authorship requirement has been embedded into the big copyright regimes and whether AI-generated works can meet the set originality requirements. The paper goes further to discuss the controversial question of AI training datasets, whether the massive replication of copyrighted materials to feed machine learning algorithms is infringement or falls under the fair use or text and data mining exception of the current statutory frameworks. Moreover, the paper deals with the liability distribution in cases when AI systems produce results that are similar to copyrighted works, as well as evaluating the possible liability of developers, users, and companies.

With comparative analysis of legal strategies in the United States, the United Kingdom, the European Union, and India, the paper shows that there are no harmonized global reactions to AI-driven creativity. Whereas certain jurisdictions focus on rigorous human authorship qualification, others are trying to find statutory accommodation of computer-generated works, which creates doctrinal conflicts and regulatory vagueness. The paper insists that the current copyright regimes are structurally unsatisfactory to deal with autonomous generative systems in the absence of legislative clarification.

Finally, the present paper suggests a moderate model of reform that does not hinder the incentive system of human inventors but encourages responsible technological innovations. It proposes the legal recognition of human creative input of meaningful value, more explicit control of AI training activities, proportional liability, and increased international collaboration. Copyright law can be adjusted to our times by balancing innovation and protection to keep its essence, which is to facilitate creativity to the advantage of our society.

REGULATORY GAPS IN THE TRADING OF UNLISTED SHARES IN INDIA: A    LEGAL ANALYSIS OF INVESTOR PROTECTION

AUTHOR – ROHAN TADASAD, 3RD YEAR LAW STUDENT, SCHOOL OF LAW,CHRIST(DEEMED TO BE UNIVERSITY),BENGALURU

BEST CITATION – ROHAN TADASAD, REGULATORY GAPS IN THE TRADING OF UNLISTED SHARES IN INDIA: A LEGAL ANALYSIS OF INVESTOR PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 140-148, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The trading of unlisted shares in India has expanded significantly over the past decade, propelled by the rapid growth of start-ups, venture capital–backed enterprises, and companies preparing for Initial Public Offerings (IPOs). Investors increasingly seek pre-IPO equity exposure to capture listing gains, resulting in the emergence of a parallel grey market in unlisted securities. However, while India maintains a comprehensive regulatory framework for listed securities under the Securities and Exchange Board of India Act, 1992 (SEBI Act), the Securities Contracts (Regulation) Act, 1956 (SCRA), and the Companies Act, 2013, the secondary trading of unlisted shares operates within a fragmented and largely unregulated environment.

This regulatory lacuna generates significant investor protection concerns, including information asymmetry, valuation opacity, fraudulent intermediation, illiquidity risks, and absence of structured grievance redressal mechanisms. The lack of standardized disclosure norms and price discovery systems undermines transparency and market integrity. This paper critically examines the existing statutory framework governing unlisted securities in India, identifies structural regulatory gaps, and evaluates judicial and administrative responses. A comparative analysis of regulatory models in the United States, the United Kingdom, and Singapore is undertaken to identify best practices.

The paper argues that India’s current approach characterized by regulatory silence rather than active oversight exposes retail investors to disproportionate risk and weakens public trust in capital markets. It concludes by proposing comprehensive reforms including mandatory registration of intermediaries, calibrated disclosure obligations for frequently traded unlisted companies, standardized valuation norms, investor eligibility restrictions, and establishment of a specialized grievance redressal framework. The study contends that regulatory intervention is necessary not to stifle capital formation, but to ensure balanced investor protection and sustainable market development.

Keywords: Unlisted shares, grey market, SEBI, private placement, investor protection, securities regulation, secondary trading.

CRITICAL ANALYSIS OF ROLE OF FORENSIC SCIENCE IN INVESTIGATION OF SEXUAL OFFENCE

AUTHOR – V.BHAVYAA NACHIAR* & MR. SUGITH KUMAR**

* STUDENT, SCHOOL OF EXCELLENCE IN LAW TNDALU

** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW TNDALU

BEST CITATION – V.BHAVYAA NACHIAR & MR. SUGITH KUMAR, CRITICAL ANALYSIS OF ROLE OF FORENSIC SCIENCE IN INVESTIGATION OF SEXUAL OFFENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 130-139, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper critically analyzes the role of forensic science in investigating sexual offenses, focusing on rape cases, by contrasting its theoretical potential with empirical limitations. Sexual offenses pose a profound global challenge, with millions of reported incidents yearly yet conviction rates languishing at 23-28% in regions like India, largely due to evidentiary shortcomings and high attrition rates. Forensic science provides indispensable objective evidence, including biological samples (semen, DNA from vaginal/anal/oral swabs via STR and Y-STR profiling, saliva), trace materials (hairs, fibers, toxicology for drug-facilitated assaults), and injury patterns (genital trauma, bruising, petechiae).nij.ojp+1

The study delineates forensic protocols: Sexual Assault Evidence Collection Kits (SAECK) administered by trained Sexual Assault Nurse Examiners (SANE) within 72-96 hours to preserve fleeting biological traces against degradation from victim hygiene or delays. It covers investigation phases—victim medical exams, crime scene processing, chain-of-custody lab analyses (PCR amplification), and non-DNA integration, where injuries alone can increase arrest odds fourfold. Empirical insights from the National Institute of Justice’s 602-case study reveal DNA yields of 37-47%, but real-world barriers like untested kit backlogs (over 100,000 in the U.S.), contamination, and interpretive biases erode prosecutorial impact.cfrc.illinois+1

Case analyses highlight successes, such as familial DNA matches in cold cases, contrasted with failures from post-assault showers dropping recovery below 20%. Regional disparities, especially in resource-poor settings, amplify challenges like lab overloads and victim reluctance. The paper employs outcome tables to compare DNA versus non-DNA evidentiary value across victim demographics and offense types.

It advocates reforms: enhanced SANE training, rapid DNA tech, backlog clearance funding, and victim-centered policies fusing forensics with judicial processes. Forensic science, thus positioned as a justice catalyst, demands systemic evolution to fulfill its promise against sexual violence.

Keywords: Forensic science, sexual offenses, rape investigations, DNA profiling, Y-STR, SANE protocols, evidentiary attrition, conviction rates, chain-of-custody, non-DNA evidence, toxicology, crime scene forensics.

SPACE DEBRIS AS A GLOBAL COMMONS CHALLENGE: EVALUATING THE ADEQUACY OF THE EXISTING INTERNATIONAL LEGAL REGIME

AUTHOR- SHUBHANG GUPTA* & MR. VATSAL CHAUDHARY**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

** PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

BEST CITATION – SHUBHANG GUPTA & MR. VATSAL CHAUDHARY, SPACE DEBRIS AS A GLOBAL COMMONS CHALLENGE: EVALUATING THE ADEQUACY OF THE EXISTING INTERNATIONAL LEGAL REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 124-129, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The orbital debris problem has become considerably urgent given the manner in which space activities are growing, in particular, with all those mega-constellations and the increasing commercial launches. It is life and death of satellites, astronauts and the sustainability of outer space in the long run. Due to the fact that outer space essentially is a common resource, it would be analogous to a world-wide commons that requires a coordinated mechanism of governance. The following paper will examine the extent to which the space debris is addressed by the current international legal regime with reference to the Outer Space Treaty, the Liability Convention, and the UN COPUOS guidelines. Although the two frameworks present the fundamental principles of responsibilities, liability, and peaceful-use, they are mostly based on the state consent and soft law, which create loopholes when enforced. The point is that the current regime is not sufficient to achieve the new risks, and we have to have more binding obligations, enhanced international cooperation, and the incorporation in the environment law principles to ensure space sustainability.

CHAIN OF CUSTODY AS THE BACKBONE OF FORENSIC SCIENCE: A CRITICAL LEGAL ANALYSIS

AUTHOR – DHATHATHREYAN R* & SUGITH KUMAR R.G**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – DHATHATHREYAN R & SUGITH KUMAR R.G, CHAIN OF CUSTODY AS THE BACKBONE OF FORENSIC SCIENCE: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 114-123, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The increasing reliance on forensic science has significantly transformed modern criminal justice by introducing scientific methods for establishing guilt or innocence. However, the evidentiary reliability of forensic science does not depend solely upon scientific accuracy but also upon the procedural integrity governing the collection, preservation, handling, analysis, and presentation of evidence. The concept of chain of custody serves as the fundamental mechanism ensuring such integrity by maintaining a continuous and verifiable record of evidence from the crime scene to the courtroom.

This research paper extensively analysis the procedure of chain of custody. It mainly discusses the meaning and tends to define the chain of custody. This paper outlines the availability of legislative framework in India which deals with the chain of custody and the admissibility of evidence in the courts and also deals with the new criminal enactments i.e. Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023. There are many instances where the prosecution fails to prove beyond reasonable doubt in criminal cases and the accused gets acquitted on ground of contamination of crime scene, loss of integrity of evidence which leads to inadmissibility of evidence in the case. Chain of custody has a direct linkage with the admissibility of evidence in court. This paper also exclusively deals with the question of whether India is in need for a uniform standardized procedure for chain of custody or a national policy for standard operating procedure to be followed by the officials involved in the investigation. In this paper we compare the existing scholarly works related to chain of custody and identify the research gap in this paper. This paper also analyses the judicial interpretation of chain of custody and also the cases where judiciary stressed the importance of chain of custody. There are instance cases where the judiciary were restrained to acquit the accused due to the broken chain of custody.

The paper concludes by recommending standardized statutory guidelines, technological evidence-tracking systems, institutional training, and judicial reforms to strengthen evidentiary integrity and enhance public confidence in the administration of criminal justice in India.

INTERACTION BETWEEN ARBITRATION AND PRIVATE INTERNATIONAL LAW IN INDIA

AUTHORS – BHARATHI A & PRIYANKA J

LLB (HONS) III YEAR, STUDENTS AT VINAYAKA MISSION’S LAW SCHOOL, CHENNAI

BEST CITATION – BHARATHI A & PRIYANKA J, INTERACTION BETWEEN ARBITRATION AND PRIVATE INTERNATIONAL LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 101-113, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid growth of globalization, liberalized trade regimes, and technological development has significantly increased cross-border commercial transactions. As businesses increasingly engage with foreign entities, disputes arising from international contracts have become more common. In response, international arbitration has emerged as a preferred method of dispute resolution due to its neutrality, flexibility, confidentiality, and relative ease of enforcement across jurisdictions. At the same time, private international law (PIL), or conflict of laws, plays a crucial role in determining jurisdiction, applicable law, and the recognition and enforcement of foreign arbitral awards.^[1] In the Indian context, the interaction between arbitration law and PIL has become particularly significant, as courts are often required to support or supervise arbitral proceedings.

However, arbitration and private international law are built on different foundations. Arbitration emphasizes party autonomy, allowing contracting parties to choose the seat, governing law, and procedural framework of their dispute resolution process. In contrast, PIL is inherently state-centred, focusing on judicial authority, mandatory legal norms, and jurisdictional principles. This difference creates a conceptual tension, especially when courts must decide issues such as the validity of arbitration agreements, interim measures, or enforcement of awards.

This study examines how Indian courts address jurisdictional questions, determine the governing law of arbitration agreements, and enforce foreign awards under the Arbitration and Conciliation Act, 1996. It further analyses whether judicial developments have strengthened party autonomy or introduced inconsistencies. The paper argues that although Indian jurisprudence has progressively adopted a pro-arbitration approach aligned with global standards, doctrinal ambiguities remain. The reconciliation between arbitration’s autonomy-driven framework and the state-centric nature of private international law continues to evolve, reflecting both progress and unresolved challenges.^[2]

Keywords: International Arbitration, Private International Law, Party Autonomy, Jurisdiction, Governing Law, Enforcement of Foreign Awards, Cross-Border Disputes, Arbitration and Conciliation Act 1996, Judicial Intervention, Conflict of Laws.

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[1] Private International Law, Peace Palace Library Research Guide (last visited Feb.15, 2026), https://peacepalacelibrary.nl/research-guide/private-international-law

[2] India’s Evolving Role in International Commercial Arbitration: Towards a Global Dispute Resolution Hub, International Arbitration Laws and Regulations (ICLG), Sept. 30, 2025, https://iclg.com/practice-areas/international-arbitration-laws-and-regulations/05-india-s-evolving-role-in-international-commercial-arbitration-towards-a-global-dispute-resolution-hub