Author: PRASANNASRI26092001

“BAIL IS THE RULE, JAIL IS THE EXCEPTION: A CONSTITUTIONAL ANALYSIS OF PERSONAL LIBERTY IN INDIA”

AUTHOR – ARTIKA ROY, ISWAR SARAN DEGREE COLLEGE, PRAYAGRAJ

BEST CITATION – ARTIKA ROY, “BAIL IS THE RULE, JAIL IS THE EXCEPTION: A CONSTITUTIONAL ANALYSIS OF PERSONAL LIBERTY IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 529-535, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The norm “ Bail is the rule, jail is the exception” has long been etched in the ethos of criminal jurisprudence. This principle was evolved to act as safeguard against a disproportionate, arbitrary  pre trial incarceration that undermines personal liberty. An under trial prisoner has a presumption of innocence adhered with him, the aforesaid principle ensures that prolonged procedure ought not be a punishment and the fundamental rights of the person are not swept away. However, contemporary judicial trend depict a paradoxical image; a constitutional anomaly and erosion of personal liberty within the connotations of article 21 of the Indian constitution. Through an analytical and doctrinal study of the constitutional provisions in this regard, the paper traces the rising antimony of this norm. Further, the paper consistently presents a study of bail regimes under special laws – NDPS act, the PMLA and the UAPA. The analysis aims at investigating a constitutionally harmonious interpretation of right to bail under these legislations and identifying a value-action gap surfaced as dichotomy between ideals and practice. Eventually, suggesting a way forward and reaffirming the established norm of Bail as a rule.

“CRIMINOLOGICAL EVALUATION OF REFORMATIVE JUSTICE AND ITS ROLE IN PREVENTING REPEAT OFFENCES”

AUTHOR– VAIBHAV SINGH KIRSALI* & MR. VATSAL CHAUDHARY**

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

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

BEST CITATION – VAIBHAV SINGH KIRSALI & MR. VATSAL CHAUDHARY, “CRIMINOLOGICAL EVALUATION OF REFORMATIVE JUSTICE AND ITS ROLE IN PREVENTING REPEAT OFFENCES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 519-528, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Reformative justice represents a significant shift in penological philosophy by emphasizing rehabilitation and re-socialization of offenders rather than mere punishment. Rooted in criminological theories such as rehabilitation, labeling, and social learning, reformative justice seeks to address the underlying causes of criminal behaviour and prevent the cycle of repeat offending. This article critically evaluates the effectiveness of reformative justice as a mechanism for reducing recidivism, with particular reference to the Indian criminal justice system.

The study examines the theoretical foundations of reformative justice and analyses its practical application through institutional mechanisms such as prisons, probation, parole, and community-based rehabilitation programs. It highlights the role of educational, vocational, psychological, and de-addiction initiatives in promoting behavioural transformation and facilitating social reintegration. At the same time, the article identifies structural challenges including overcrowded prisons, limited resources, lack of trained personnel, socio-economic disparities, and the absence of reliable recidivism data, which collectively hinder the effective implementation of reformative measures.

Through a criminological and socio-legal lens, the article argues that while reformative justice offers a more sustainable approach to crime control, its success depends on coherent policy execution, empirical evaluation, and strong post-release support systems. The article concludes that reformative justice, when integrated with community participation and social welfare initiatives, has the potential to significantly reduce recidivism and enhance public safety. It advocates for a balanced penal framework that harmonizes rehabilitation with deterrence, thereby transforming reformative justice from an aspirational ideal into a functional instrument of criminal justice reform.

Keywords: Reformative Justice; Recidivism; Rehabilitation of Offenders; Criminological Theories; Criminal Justice System in India; Prison Reforms.

EQUITY DIMENTIONS OF PHARMACEUTICAL PATENT PROTECTION IN INDIA

AUTHOR – DR. ARCHANA K, ASSISTANT PROFESSOR OF LAW, KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI

BEST CITATION – DR. ARCHANA K, EQUITY DIMENTIONS OF PHARMACEUTICAL PATENT PROTECTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 512-518, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IWZH7736

ABSTRACT

‘Human health or Intellectual Property Rights protection?’ is one of the highly debated issues of the world in the last few decades. While health is a fundamental human right indispensable for the exercise of other human rights, protection of intellectual property rights is considered as the essential booster for the innovators to invent. Starting from the Universal Declaration of Human Rights, 1948, number of  International Covenants, Treaties relating to human rights recognize right to health is a basic human right. However, study reports indicate that despite progress made in the last few decades, millions of the people in the developing countries, including India do not have access to medicines. With the advent of Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Patent regime of many countries, including India has changed from process patenting to product patenting and resulted in denial of access to essential medicines to the poor segments of the society. it is argued that the changes incorporated to the patent system of India directly impacted the right to health of the people of India. In this background, this paper attempts to analyze the  provisions of Patent law on pharma Patent in India to examine whether right to health and patent rights, specifically, the pharmaceutical patentees rights are adequately balanced in India.

Keywords:  Intellectual Property Right, Pharma Patent, Right to health, TRIPS Agreement

A REVIEW OF A COMPLETE GUIDE TO ARTICLE WRITING IN 10 DAYS; A PRACTICAL BLUEPRINT FOR ASPIRING WRITERS BY RAGHAVENDRA KUMAR

AUTHOR – RADHIKA KAPOOR, STUDENT AT AMITY LAW SCHOOL NOIDA

BEST CITATION – RADHIKA KAPOOR, A REVIEW OF A COMPLETE GUIDE TO ARTICLE WRITING IN 10 DAYS; A PRACTICAL BLUEPRINT FOR ASPIRING WRITERS BY RAGHAVENDRA KUMAR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 508-511, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

A Complete guide to Article Writing in 10 days is a concise and practice-oriented handbook aimed at individual seeking to develop article-writing skills within a structured and time-bound framework. The book position itself as a practical blueprint rather than a theoretical exposition, catering to the growing demand for clear, accessible guidance in professional and academic writing. Unlike traditional writings manuals that rely heavily on abstract theory or stylistic prescriptions, this book adopts an applied orientation. It prioritizes process over prescription, emphasizing practical engagement with writing tasks rather than passive consumption of rules.

BETWEEN BURDEN AND BIAS: REGULATORY DISCRETION, PROCEDURAL COMPLEXITY AND THE SURVIVAL OF MSMES IN INDIA

AUTHOR – SIDHESWAR JENA, PHD STUDENT -LAW, VIVEKANANDA GLOBAL UNIVERSITY. INDIA. Orchid ID – https://orcid.org/0009-0009-0234-5831

BEST CITATION – SIDHESWAR JENA, BETWEEN BURDEN AND BIAS: REGULATORY DISCRETION, PROCEDURAL COMPLEXITY AND THE SURVIVAL OF MSMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 496-507, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ZWRY1132

Abstract

The Micro, Small and Medium Enterprises (MSMEs) are vital to the economic structure of India as they significantly contribute to employment, decentralized manufacturing, and economic stability. The regulatory policy regarding MSMEs has generally been shaped to be supportive, focusing on formalisation, financial inclusion, and the embrace of digital practices. In the scholarly literature, this perspective is framed as regulation viewed either as an enabling factor or a perceptual construct influencing both adoption behavior and managerial intent. This paper examines framing by investigating regulatory enforcement as implemented by MSMEs. It indicates that procedural intricacy and selective enforcement have transformed regulatory adherence into an administrative obligation and created a type of structural bias that directly affects the survival of MSMEs. The study demonstrates that procedural defaults, along with notice-based and discretionary sanctions, leave MSMEs in a disadvantaged state of legal and financial exposure, utilizing doctrinal analysis and regulatory evaluation. It identifies a substantial research gap in MSME studies, which largely perceives businesses as subjects of regulation rather than as processes of regulation. Recast as issues of regulatory governance and legal risk, the paper emphasizes the need to prioritize procedural fairness, proportionality, and accountability in enforcement related to MSMEs.

Keywords: MSME, Regulatory discretion, Procedural complexity, Regulatory enforcement, Compliance burden, Structural bias, Legal vulnerability, Procedural fairness, MSME survival, Indian regulatory governance.

ARTIFICIAL INTELLIGENCE AND DIGITAL EVIDENCE IN CRIMINAL PROCEEDINGS: A COMPARATIVE STUDY OF LEGAL FRAMEWORKS IN INDIA AND THE UK

AUTHOR – KARTIK LADWAL*& VAISHALI LADWAL**

* RESEARCH SCHOLAR AT AMITY UNIVERSITY, MANESAR, GURUGRAM

** RESEARCH SCHOLAR AT AMITY UNIVERSITY, MANESAR, GURUGRAM

BEST CITATION – KARTIK LADWAL  & VAISHALI LADWAL, ARTIFICIAL INTELLIGENCE AND DIGITAL EVIDENCE IN CRIMINAL PROCEEDINGS: A COMPARATIVE STUDY OF LEGAL FRAMEWORKS IN INDIA AND THE UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 487-495, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/FHFI5340

ABSTRACT

The criminal justice system globally is adopting predictive, AI-driven governance. This paper compares the legal and constitutional frameworks for AI and digital evidence in India and the UK, assessing how each country balances technological effectiveness with human rights protection the UK through systematic integration and India via selective adoption. Using a doctrinal approach, the study compares India’s Bharatiya Sakshya Adhiniyam, 2023 and the UK’s PACE 1984 for digital evidence admission. It highlights AI tools like India’s CMAPS and the UK’s HART. A central concern is the “Black Box” problem of algorithmic opacity, which endangers the “Right to a Fair Trial” and the Right to an Explanation. The research finds a divergence: the UK has a stable framework (GDPR, Data Protection Act 2018), while India is in a state of flux with technology outpacing legal safeguards. Algorithmic bias is a key finding, with scrutiny for racial bias in the UK (HART) and caste/socio economic biases in India. The paper concludes by recommending independent oversight and a human-in-the-loop mechanism to ensure AI’s evolution upholds constitutional morality and individual liberty.

Key Words: Artificial Intelligence (AI), Digital Evidence, Predictive Policing, Comparative Jurisprudence (India & UK), Algorithmic Bias

RECASTING CRIMINAL LAW IN INDIA: A CRITICAL APPRAISAL OF SUBSTANTIVE REFORMS UNDER THE BHARATIYA NYAYA SANHITA

AUTHOR – AASTHA, STUDENT AT SHAMBHUNATH INSTITUTE OF LAW, PRAYAGRAJ

BEST CITATION – AASTHA, RECASTING CRIMINAL LAW IN INDIA: A CRITICAL APPRAISAL OF SUBSTANTIVE REFORMS UNDER THE BHARATIYA NYAYA SANHITA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 480-486, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Bharatiya Nyaya Sanhita, 2023 (BNS) is a landmark in the history of Indian law. It replaces the Indian Penal Code (IPC) 1860 of colonial era that had been in force governing criminal law in excess of 160 years. 

BNS came into actions on 25 December 2023 and became effective on 1 July 2024. The reform seeks to decolonise the criminal justice system in addition to dealing with the contemporary problems like cybercrime, terrorism, and organized crime.  The BNS introduced substantive changes that are critically constructive because of this paper. It examines institutional changes, new crimes, stiffer punishment, and victim-centered strategies. 

The main innovations were the community service as a sentence, consideration of transgender members, the inclusion of digital evidence, and special chapters on crimes related to women and children.  There are also major criticisms in the study. The critics observe that 80 per cent of the IPC is still not enforced, definitions are broad and can cause arbitrary application, cybercrime laws are limited and there are still difficulties in implementing them. 

To sum up, although BNS is a significant process toward modernization, its transformative capacity does not have enough possibilities due to its structural continuity with IPC. The achievement of its goals will have to be accompanied by strong enforcement systems, judicial interpretation, and structural changes in policing and investigation.

KEYWORDS – Bharatiya Nyaya Sanhita, Criminal Law Reform, Indian Penal Code, Decolonization, Substantive Criminal Law, Cybercrime, Terrorism, Organized Crime, Community Service, Women and Child Protection, Digital Evidence, Legislative Reforms

“GENDER NEUTRALITY IN RAPE LAWS: A CRITICAL ANALYSIS”

AUTHOR – SONI, POSTGRADUATE IN CRIMINAL LAWS FROM BPSMV, KHANPUR KALAN, SONEPAT, HARYANA

BEST CITATION – SONI, “GENDER NEUTRALITY IN RAPE LAWS: A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 475-479, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

      Gender neutrality in criminal law refers to the inclusion and protection of individuals of all genders within the legal framework, without discrimination based on biological sex or gender identity. In India, rape laws continue to follow a gender-specific approach by recognising only women as victims and men as perpetrators. This legal position excludes adult male and transgender victims from the ambit of rape laws, leaving them without effective remedies. Despite constitutional guarantees of equality, dignity and personal liberty under Articles 14 and 21, the Indian criminal justice system has failed to incorporate gender-neutral provisions in rape laws. Even with the introduction of the Bharatiya Nyaya Sanhita, 2023, the legislature retained the traditional definition of rape. In contrast, several jurisdictions across the world have adopted gender-neutral sexual offence laws. This paper critically analyses the historical development, current legal position, judicial interpretations and the urgent need for reform in Indian rape laws, while suggesting concrete recommendations to make them inclusive and constitutionally compliant.

Keywords: Gender neutrality, rape laws, criminal justice, LGBTQIA+, constitutional rights

DOWRY PROBLEMS IN CHENNAI CITY

AUTHOR – JAYASWETHA. J, SCHOOL OF EXCELLENCE IN LAW THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI – 600113.

BEST CITATION – JAYASWETHA. J, DOWRY PROBLEMS IN CHENNAI CITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 466-472, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The purpose of this paper is to examine the involved social and cultural dowry practice. Dowry is a payment of cash or valuable gifts from the bride’s family to the bridegroom upon marriage. Dowry is one of the social evils which India needs to fight and abolish totally. The paper argues that this threat of Dowry has become a social trouble in modern India leading to the oppression of women, physical violence on the bride, financial and emotional stress on the parents of the bride, marital conflict, and so on. The practice of giving dowry is widespread and deep-rooted in Indian society. Paying dowry at the moment of marriage is almost considered a universal rule and dowry demands are rising.

Keywords: Dowry, Dowry deaths, Marriage and Women.

BIOMEDICAL WASTE MANAGEMENT IN INDIA: ISSUES, RISKS, AND REGULATORY RESPONSES

AUTHOR – YOGESH PRASAD KOLEKAR* & DR. RAMESH KUMAR**

* PHD SCHOLAR, AMITY UNIVERSITY, MUMBAI, MAHARASHTRA

** ASSOCIATE PROFESSOR OF LAW & PHD GUIDE, AMITY UNIVERSITY, MUMBAI, MAHARASHTRA

BEST CITATION – YOGESH PRASAD KOLEKAR & DR. RAMESH KUMAR, BIOMEDICAL WASTE MANAGEMENT IN INDIA: ISSUES, RISKS, AND REGULATORY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 460-465, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/SETB1568

Abstract

India’s rapid population growth, expansion of healthcare services, and increasing use of disposable medical products have made biomedical waste management a critical public health and environmental concern. Waste generated during diagnosis, treatment, immunization of humans or animals, or in research activities is known as biomedical waste. Human health, healthcare workers, waste handlers, and the environment are at risk due to improper handling, segregation, treatment, and disposal of such waste. India has enacted specific legal and regulatory frameworks, particularly the Biomedical Waste Management Rules, 2016 (amended from time to time), to address these concerns. Although regulations exist, challenges such as lack of awareness, inadequate infrastructure, poor implementation, and monitoring gaps persist. This article critically examines the issues, risks, and regulatory responses related to biomedical waste management in India. It also analyzes the effectiveness of existing laws and suggests measures to strengthen compliance and sustainable waste management practices.

Keywords: Biomedical Waste Management, Public Health, Environmental Risk, Healthcare Facilities, Regulatory Framework, Implementation Challenges, India