Author: PRASANNASRI26092001

THE SHRINKING SHADOW OF THE PREDICATE OFFENCE: TRACKING THE EVOLVING BOUNDARIES OF ‘PROCEEDS OF CRIME

AUTHOR – HRISHABH SHARMA, STUDENT AT AMITY UNIVERSITY MADHYA PRADESH

BEST CITATION – HRISHABH SHARMA, THE SHRINKING SHADOW OF THE PREDICATE OFFENCE: TRACKING THE EVOLVING BOUNDARIES OF ‘PROCEEDS OF CRIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 597-607, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The foundational architecture of anti-money laundering (AML) jurisprudence has traditionally rested on a symbiotic, derivative relationship between a ‘predicate offence’ (the underlying criminal activity) and the resulting ‘proceeds of crime’. Historically, money laundering was treated as an accessory crime—a consequential act inherently dependent upon the establishment of a primary illegal act. However, driven by the escalating sophistication of transnational financial networks and the aggressive standard-setting of global watchdogs like the Financial Action Task Force (FATF), recent legislative amendments and sweeping judicial pronouncements have triggered a paradigm shift. This paper, titled “The Shrinking Shadow of the Predicate Offence: Tracking the Evolving Boundaries of ‘Proceeds of Crime’,”, critically examines the jurisprudential transition of money laundering from an ancillary violation into a formidable, increasingly autonomous offence.

By tracing the statutory expansion of what constitutes ‘proceeds of crime’, the research highlights how modern AML frameworks have systematically decoupled money laundering from its predicate roots. The legal definition of “tainted property” has been aggressively widened to encompass not only the direct fruits of a crime but also properties of equivalent value, commingled assets, and assets held by bona fide third parties. Consequently, regulatory authorities now wield unprecedented, quasi-judicial powers to provisionally attach properties, freeze accounts, and prosecute individuals entirely independent of the outcome—or even the initiation—of a formal criminal trial for the foundational predicate offence. The shadow of the predicate crime has shrunk to the extent that an acquittal in the primary offence no longer guarantees a discharge from the corresponding money laundering prosecution in several jurisdictions.

The paper systematically analyzes the practical and legal implications of this decoupling, evaluating the acute tension between the State’s compelling interest in preemptively combatting systemic financial crimes and the steady erosion of fundamental constitutional safeguards. Through a critical appraisal of recent case law, the research explores how the creation of a “standalone offence” fundamentally alters traditional criminal law doctrines.

   Key words – Predicate Offence, Standalone Offence, Proceeds of Crime, Reverse Burden of Proof

ADVERTISING AND PROGRAMMATIC BIDDING: WHERE FREE SPEECH MEETS TRADEMARK INFRINGEMENT

AUTHOR – VIKASH VERMA, STUDENT AMITY UNIVERSITY, GWALIOR, MADHYA PRADESH

BEST CITATION – VIKASH VERMA, ADVERTISING AND PROGRAMMATIC BIDDING: WHERE FREE SPEECH MEETS TRADEMARK INFRINGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 589-596, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the contemporary digital economy, algorithmic search visibility has largely replaced traditional storefronts, rendering search engine keywords prime commercial real estate. Through programmatic platforms like Google Ads, businesses frequently bid on competitors’ trademarked names to trigger sponsored advertisements^[1]. While a triumph of targeted marketing, this invisible, backend auction mechanism has precipitated a profound doctrinal collision between modern internet architecture and traditional trademark law. This paper argues that the uncritical application of the Initial Interest Confusion (IIC) doctrine—a framework originally formulated for physical misdirection and early internet illiteracy—to algorithmic keyword bidding is fundamentally flawed.^[2] IIC is ill-equipped to govern sophisticated digital marketplaces where digitally literate consumers actively rely on search engines to present multiple, competitive options.

By conducting a comparative jurisdictional analysis, this paper highlights a fractured global legal landscape. It contrasts India’s strict scrutiny, which often interprets backend algorithmic triggers as actionable statutory “use” under the Trade Marks Act, 1999, with the United States’ highly permissive “sophisticated consumer” standard, and the European Union’s pragmatic “Ad Clarity” middle ground. Furthermore, the paper contextualizes this friction within a broader constitutional framework, arguing that algorithmic keyword advertising serves as a digital form of comparative advertising, protected as commercial speech under Article 19(1)(a) of the Indian Constitution. When courts issue blanket injunctions based on backend keyword overlap, they risk transforming trademark law into an anti-competitive sword that stifles the free flow of commercial information and restricts consumer choice.

Empirically, considering the massive volume of registered trademarks globally, linguistic overlap in programmatic algorithms is mathematically inevitable. Consequently, this paper proposes a paradigm shift toward a novel “Deceptive Diversion” framework. This harmonized legal standard shifts the evaluative focus away from the invisible backend bidding of a trademark and places it strictly on the visible, front-end clarity of the resulting advertisement. By enforcing a three-pronged test—comprising an Ad Clarity Threshold, a Cloning Prohibition, and Landing Page Continuity—the proposed framework ensures that liability attaches only in instances of active deception, thereby restoring the critical balance between brand equity protection and healthy free-market competition.

Keywords: Keyword Advertising, Programmatic Bidding, Trademark Infringement, Commercial Speech, Initial Interest Confusion, Deceptive Diversion, Algorithmic Use, Comparative Jurisprudence

---

[1] See Google Ads Help, How Keyword Auctions Work.

[2] Brookfield Communications, Inc. v. West Coast Entertainment Corp., 174 F.3d 1036 (9th Cir. 1999).

“NARCO ANALYSIS LIE DETECTOR TEST AND FUNDAMENTAL RIGHTS: A STUDY WITH SPECIAL REFERENCE TO INDIAN CRIMINAL JUSTICE SYSTEM”

AUTHOR – PRANJAL KUKRETI* & ASST PROF. UJJAWAL KUMAR SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – PRANJAL KUKRETI & ASST PROF. UJJAWAL KUMAR SINGH, “NARCO ANALYSIS LIE DETECTOR TEST AND FUNDAMENTAL RIGHTS: A STUDY WITH SPECIAL REFERENCE TO INDIAN CRIMINAL JUSTICE SYSTEM”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 581-588, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Narco analysis and lie detector tests have emerged as controversial investigative techniques within the Indian criminal justice system. These scientific methods are primarily used to extract information from suspects and accused persons during criminal investigations. However, their application raises significant constitutional and human rights concerns, particularly regarding the protection of fundamental rights guaranteed under the Constitution of India. The involuntary administration of narco analysis, polygraph tests, and brain mapping has been criticized for violating the right against self-incrimination under Article 20(3), the right to life and personal liberty under Article 21, and the right to privacy. The landmark judgment of the Supreme Court in Selvi v. State of Karnataka significantly restricted the compulsory use of such techniques. This study examines the legal validity, constitutional implications, judicial approach, evidentiary value, and ethical dimensions of narco analysis and lie detector tests within the framework of the Indian criminal justice system and fundamental rights jurisprudence.

KEYWORDS: Narco Analysis, Lie Detector Test, Polygraph Examination, Brain Mapping, Fundamental Rights

FROM COLONIAL LEGACY TO CONSTITUTIONAL IMPERATIVE: CHARTING THE EVOLUTIONARY ARCHITECTURE OF INDIA’S EXTRADITION ACT, 1962

AUTHOR – KM. PRIYANSHI* & ASHOK DOBHAL**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – KM. PRIYANSHI & ASHOK DOBHAL, FROM COLONIAL LEGACY TO CONSTITUTIONAL IMPERATIVE: CHARTING THE EVOLUTIONARY ARCHITECTURE OF INDIA’S EXTRADITION ACT, 1962, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 570-579, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I961

ABSTRACT

The Extradition Act, 1962 is an early law in the Indian system of international criminal cooperation, adopted in the post-independence period to supersede the disjointed colonial system that was used to regulate the handing over of fugitives across international boundaries. This chapter systematically examines the history of the legislative change, judicial interpretation, and structural changes that have influenced the Act throughout the six decades of legal practice. The main aims of this investigation are three-fold, to follow the historical and normative roots of extradition law in India in its colonial roots to its contemporary legislative manifestation; to examine the significant legislative reforms that refocused the scope of the Act, especially the reforms of 1993 and the additional legislative evolution since then; .in providing substantive meaning to the principle of dual criminality and the political offense exception. The methodology of the chapter is a doctrinal approach, which relies on primary materials such as statutory texts, judicial decisions, treaty instruments, and parliamentary debates, with the comparative analysis of the common law jurisdictions such as the United Kingdom and Canada. The results show that the Act is structurally paradoxical as it has been heavily modernised in terms of legislation, yet still contains certain vestiges of colonial-era procedural rigidity, lack of coherent non-refoulement obligation, and systematic delays in the processing of extradition requests. The chapter ends with policy suggestions aimed at revising the procedural structure of the Act and aligning it with the modern international human rights requirements and treaty commitments, to better prepare the Indian extradition law to meet the needs of an ever more globalized and criminally complex world.

Keywords: Extradition Act 1962; Fugitive Criminals; Double Criminality; Political Offence Exception; Rule of Speciality; International Criminal Cooperation

DOCUMENT EXAMINATION: HANDWRITING & SIGNATURE ANALYSIS

AUTHOR – KEERTHANA PREETHI A, STUDENT AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, PERUNGUDI, CHENNAI

BEST CITATION – KEERTHANA PREETHI A, DOCUMENT EXAMINATION: HANDWRITING & SIGNATURE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 560-569, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Forensic science is considered to be a vital instrument for detection or investigation of crime and administration of Justice, providing crucial information about the evidence found at the crime scene, it is especially important that the training and education of forensic scientists provide solid scientific background and a broad base in criminalistics. One of primary part in criminalistics is Document examination that ensures to provide procedures regarding searching, collection and preservation of the evidence, to be submitted during trial. The Document Examination determines the validity and verifies the authenticity of the documents, that prevents forgery, imitation, alteration or fraud, etc. This article focuses on the handwriting and signature analysis that assists in uncovering the truth along with the evidence, wherein this examination enables the experts to identify authorship, detect alterations, whether they can be traced or not, and establishes the genuineness of the writings. By bridging law, science, and investigative reasoning, forensic document examination contributes significantly to the administration of justice. This article concludes that despite technological advancement and the rise of digital communication, handwriting and signature examination continue to hold immense evidentiary value. Further, this comprehensive approach ensures that document examiners may effectively assist with criminal investigations and give crucial evidence in judicial processes.

Keywords: Forensic Science, Document, Handwriting analysis, Signature analysis, Expert Opinion, etc.

FROM CONVICTION TO CONSTITUTION: THE BUDHADEV KARMASKAR CASE AND THE JUDICIAL RECOGNITION OF SEX WORKERS’ RIGHTS IN INDIA

AUTHOR – AYUSHMAN TIWARI* & DR. ANAND PRAKASH TIWARI**

* RESEARCH SCHOLAR, UNIVERSITY OF LUCKNOW

** ASSISTANT PROFESSOR AT DAV DEGREE COLLEGE, LUCKNOW

BEST CITATION – AYUSHMAN TIWARI & DR. ANAND PRAKASH TIWARI, FROM CONVICTION TO CONSTITUTION: THE BUDHADEV KARMASKAR CASE AND THE JUDICIAL RECOGNITION OF SEX WORKERS’ RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 550-559, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I959

Abstract

Budhadev Karmaskar v. State of West Bengal is a landmark judgment in which the Supreme Court of India transformed a routine criminal appeal arising from the 1999 murder of a sex worker in Kolkata into a suo motu public interest litigation that redefined the constitutional rights of sex workers across the country. This paper provides a comprehensive case analysis, tracing the procedural journey from the original conviction under Section 302 of the Indian Penal Code to the Court’s sweeping directions issued on May 19, 2022 under Article 142 of the Constitution. It examines the constitutional architecture deployed by the Court, including the right to life with dignity (Article 21), equality before law (Article 14), freedom of profession (Article 19(1)(g)), prohibition of trafficking (Article 23), and the directive principles under Articles 39(a), 42, and 47. The paper also evaluates the impact of the transition from the IPC and CrPC to the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on the implementation of the Court’s directions. While acknowledging the judgment’s achievements — including the clarification that voluntary sex work is not illegal, protection from police harassment, and access to welfare benefits — the paper critically assesses the persistent gaps: the continuing criminalisation of brothels and soliciting under the Immoral Traffic (Prevention) Act, 1956, the absence of parliamentary legislation, and the uneven implementation across states. It concludes that the Supreme Court has done its part, but the unfinished revolution requires legislative action, police reform, social sensitisation, and a fundamental shift in societal attitudes to make the constitutional promise of dignity a lived reality for every sex worker in India.

Keywords: Budhadev Karmaskar, sex workers’ rights, Article 21 dignity, Article 142, ITPA, BNS, BNSS, constitutional law, rehabilitation, Supreme Court of India.

EUTHANASIA: LEGAL, ETHICAL AND CONSTITUTIONAL PERSPECTIVE WITH RECENT CASE LAWS

AUTHOR – DR. WAHEED ALAM, ASSISTANT PROFESSOR AT FACULTY OF LAW, SHIA PG COLLEGE, LUCKNOW

BEST CITATION – DR. WAHEED ALAM, EUTHANASIA: LEGAL, ETHICAL AND CONSTITUTIONAL PERSPECTIVE WITH RECENT CASE LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 546-549, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I958

Abstract

Euthanasia, commonly known as “mercy killing,” refers to intentionally ending the life of a person suffering from an incurable and painful condition in order to relieve suffering. The issue of euthanasia has generated intense legal, ethical, medical, religious, and constitutional debates worldwide. In India, active euthanasia remains illegal, while passive euthanasia has been recognized under strict judicial safeguards. The Supreme Court of India has played a major role in shaping the law relating to the right to die with dignity under Article 21 of the Constitution. This paper examines the concept, types, constitutional validity, ethical concerns, and recent judicial developments relating to euthanasia, including landmark and recent case laws.

keywords: Euthanasia, Safeguards, Concerns, Ethical, Remains, Validity.

BIOMETRICS IN CRIMINALISTICS AND SCIENTIFIC INVESTIGATION

AUTHOR – G R RADHIKA, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – G R RADHIKA, BIOMETRICS IN CRIMINALISTICS AND SCIENTIFIC INVESTIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 531-545, APIS – 3920 – 0001 & ISSN – 2583-2344.

I.  INTRODUCTION

Criminalistics—the scientific examination of physical evidence for use in criminal proceedings—has been transformed more dramatically in the past three decades than in any comparable period since Locard articulated the principle that every contact leaves a trace.^[1] At the centre of that transformation is biometric technology: systems that capture, store, and analyse the unique physical and behavioural characteristics of human beings for the purpose of identification. Fingerprints, DNA profiles, iris patterns, facial geometry, voice signatures—each of these has moved from specialist laboratory technique to routine investigative tool, deployed across Indian police stations, forensic science laboratories, border checkpoints, and courtrooms.

The scale of this deployment is worth pausing over. India operates the world’s largest biometric identity database through Aadhaar, which has enrolled over 1.3 billion people.^[2] The National Crime Records Bureau maintains a growing database of fingerprint, DNA, and increasingly facial recognition records linked to criminal proceedings.^[3] The Criminal Procedure (Identification) Act, 2022 has expanded what the state can collect, from whom, and for how long—replacing a 1920 law that covered only fingerprints and footprints with one that reaches to iris scans, blood samples, and behavioural measurements.^[4] And the three new criminal law statutes—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—have rewritten the procedural and evidentiary framework within which all of this data is collected, processed, and placed before courts.^[5]

The legal and policy questions this raises are not peripheral concerns for specialists. They go to the heart of how India balances the legitimate demands of effective crime investigation against the constitutional rights of everyone who comes into contact with the system. The Supreme Court settled the constitutional baseline in Justice K.S. Puttaswamy v. Union of India,^[6] establishing privacy as a fundamental right under Article 21. But constitutional principles, however clearly stated, do not enforce themselves. The question is whether the statutes, rules, and institutional arrangements that govern biometrics in Indian criminal justice are actually adequate to the task.

This paper makes the case that they are not—at least not yet. The scientific and investigative power of biometric technology is real, and its contribution to criminal justice is substantial. But the legal framework has consistently lagged behind the technology it is meant to govern, and the gaps that have opened up carry serious consequences for privacy, due process, and the rights of marginalised communities. The paper works through the science, the law, and the policy in sequence, with a view to identifying precisely where reform is most urgently needed.

---

[1]Locard, Edmond, “L’analyse des poussières en criminalistique,” Revue Internationale de Criminalistique (1929); see generally Paul L. Kirk, Crime Investigation: Physical Evidence and the Police Laboratory (1953).

[2]Unique Identification Authority of India, Annual Report 2022–23 (2023).

[3]National Crime Records Bureau, Crime in India Report 2022 (Ministry of Home Affairs 2023).

[4]Criminal Procedure (Identification) Act, No. 11 of 2022 (India).

[5]Bharatiya Nagarik Suraksha Sanhita, No. 46 of 2023 (India).

[6]K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1 (India).

“ERODING HUMAN DIGNITY IN CONSTITUTIONAL PRACTICE: A CRITICAL STUDY OF GAPS IN DOMESTIC IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS NORMS IN DEMOCRACIES’’

AUTHOR – NIKTHI.J* & KALAIARASI.L**

STUDENTS AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY(SOEL)

BEST CITATION – NIKTHI.J & KALAIARASI.L, “ERODING HUMAN DIGNITY IN CONSTITUTIONAL PRACTICE: A CRITICAL STUDY OF GAPS IN DOMESTIC IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS NORMS IN DEMOCRACIES’’, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 522-530, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This research paper explores the intersection of human dignity and government accountability, focusing on how contemporary democracies, including the United States, European states, and India, violate or uphold international human rights standards. Using a doctrinal methodology and grounded in international frameworks like the UDHR, ICCPR, ICESCR, and the ECHR, the paper critically analyses policies and practices that undermine human dignity through examples such as custodial violence, migrant deportations, and asylum restrictions. Particular attention is given to India’s treatment of foreign nationals, including Rohingya refugees and undocumented migrants, revealing systemic gaps between constitutional ideals and ground realities. Comparative insights from the U.S. under the Trump administration and European countries such as Hungary and the UK demonstrate how legal obligations are frequently bypassed under the guise of national interest. The study concludes that while international and domestic legal frameworks recognize human dignity as a foundational value, meaningful implementation remains inconsistent and often politically compromised. The paper calls for stronger domestic incorporation of international human rights obligations, institutional accountability, and legal reforms to ensure the protection of human dignity across borders.

KEYWORDS:

Human dignity, government accountability, Amnesty International organization, European Convention on Human Rights (ECHR), ICCPR, UDHR, ICESCR

THE ROLE OF CONTRACT LAW

AUTHOR – TRISH YADAV, STUDENT, THAKUR RAMNARAYAN COLLEGE OF LAW AFFILIATED TO UNIVERSITY OF MUMBAI, MAHARASHTRA, MUMBAI

BEST CITATION – TRISH YADAV, THE ROLE OF CONTRACT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 515-521, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This paper is about contract law which provides a whole analysis of current application of contract law, focusing on agreements in the modern economic era. Contract law ensures trust, fairness, and responsibility, as well between parties. This paper is about the important elements of a valid contract which is offer, acceptance, and consideration through a comparative analysis of common law principles and statutory frameworks, such as the Indian contract act of 1872. This paper talks about void and voidable agreements and it also deals with damages and breaches. The study evaluates the tension between parties and the increasing use of standard form, (take – it – or – leave – it) contracts that pessimize consumers. The research analysis the enforceability of exclusion clauses.

Contracts need not be complex, commercial deals, but can extend to the most mundane of things we do in everyday lives. Buying and selling goods can be contracts, barter is form of contract, obtaining services involves a contract and so on. Agreements form the building blocks of contracts. In discussing any aspect of the contract you will eventually return to see whether an agreement lies between the parties , whether the agreement is validly entered and whether the agreement is valid and enforceable in law and when such requirements are satisfied what are the consequences of breaking the agreement similar is the case of causation in torts and intention in crime. They never get irrelevant whenever you attempt a problem no matter what sub topic. The paper starts by defining the traditional basis of contract law and immediately identifying the modern disruption. It specifies a comparative, doctrinal, and statutory approach. It has a functional equivalence approach and human – in – the – toop requirement to bridge the gap between old law and new technology. Additionally, the paper examines the role of contract law in protecting the rights and obligations of individuals and businesses in a rapidly changing society. It highlights how contracts promote legal certainty, economic stability, and ethical business practices. The study also discusses modern challenges such as digital agreements, consumer protection, and the impact of globalization on contractual relationships and enforcement.

KEYWORDS: Offer and acceptance, Consideration, Free consent, Consensus and Idem, Certainty of Terms.