MEASURING THE EFFICACY OF LENIENCY PROGRAMME IN INDIA: A COMPARATIVE ANALYSIS

AUTHOR – MR. UMANG GHILDYAL* & DR. SANGEETA TAAK**

* RESEARCH SCHOLAR, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

** ASSISTANT PROFESSOR, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – MR. UMANG GHILDYAL & DR. SANGEETA TAAK, MEASURING THE EFFICACY OF LENIENCY PROGRAMME IN INDIA: A COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 475-481, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Cartels are the supreme evil of antitrust. Cartels discourage competition in the market and harms the interests of the consumers. Cartoons hurt the freedom of trade carried on by market participants and transfer consumer surplus illegally from the consumers to the cartel participants. Well run leniency programmemes have the potential to detect and punish the cartel and its members through a carrot and stick approach varun cartel participants when they become leniency applicants are incentivised by lesser penalty in comparison to other cartel members. Cooperation by the leniency applicant during the investigative process and legal certainty for reduction of penalty are the pillars on which leniency programmes are run. Lesser penalty becomes appealing only when there is severity of sanctions and the identity and information provided by the leniency applicant is kept confidential. The authors will analyse these parameters and compare Indian legal position with that of more mature competition jurisdictions such as USA and EU.

Keywords: Cartel, leniency, CCI, DOJ

LEGAL FOUNDATIONS OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE: A STUDY WITH SPECIAL REFERENCE TO FINGERPRINT AND DNA EVIDENCE IN INDIA

AUTHOR – ISHAN SHARMA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – ISHAN SHARMA, LEGAL FOUNDATIONS OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE: A STUDY WITH SPECIAL REFERENCE TO FINGERPRINT AND DNA EVIDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 473-474, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Forensic evidence plays a vital role in the contemporary criminal justice system by improving the accuracy of investigations, identifying perpetrators, and ensuring fair outcomes. In India, the legal framework for forensic tools like fingerprint and DNA analysis is shaped by statutory laws, judicial decisions, and procedural safeguards. This paper investigates the regulatory framework governing such evidence in India, focusing on its admissibility and procedural rules.

NECROPHILIA: A FORENSIC AND CONSTITUTIONAL ANALYSIS OF A TABOO DISORDER

AUTHOR – HARSHA SINGH, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – HARSHA SINGH, NECROPHILIA: A FORENSIC AND CONSTITUTIONAL ANALYSIS OF A TABOO DISORDER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 468-472, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper explores necrophilia, a rare and extreme paraphilic disorder characterized by an individual’s sexual attraction to or engagement with corpses. The study primarily focuses on the psychological aspects of necrophilia, including the underlying causes and mental health implications associated with this behavior. In addition to the psychological perspective, the paper also examines the legal dimensions of necrophilia, reviewing relevant international laws, judicial interpretations, and significant case laws from various jurisdictions. Furthermore, it analyzes the constitutional context, particularly in relation to the right to die with dignity, and considers how this right intersects with issues arising from necrophilic acts. Through this multidimensional approach, the paper aims to provide a comprehensive understanding of necrophilia from both legal and psychological standpoints.

COMPETITIVE ISSUES IN RENEWABLE ENERGY MARKET

AUTHOR – SAUMYA SHUKLA, STUDENT AT GALGOTIAS UNIVERSITY

BEST CITATION – SAUMYA SHUKLA, COMPETITIVE ISSUES IN RENEWABLE ENERGY MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 460-467, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Renewable energy is not just an environmental imperative but a strategic lever for nations to strengthen their global position and emerge as a sustainable global economy. The global crises of depleting fossil fuels and natural resources has pointed towards shift to renewable sources. The Renewable energy sector which was a Government owned sector has been reformed to offer a level playing field in order to invite competition in the sector.The report aims to determine the renewable energy sector through the competitive lens.The concept of renewable energy offers better quality and efficient set up of energy generation that raises a competition in the sector.The private sectors are playing vital role in transformation, innovation, scaling manufacturing and building infrastructure for the energy needs and hence the main objective of the report is to identify the barriers that occur in the entry of such players in the market.The dominance of different existing players along with the dependence of the sector on such players has been identified through the report.The report hence determines the issues of competition in the sector by analyzing the provisions , guidelines and sectoral framework on both state and central level to ensure”fair competition for the greater good.”Keywords: Renewable energy, imperfect competition, barriers, market players

MARATHA RESERVATION AND THE CONSTITUTION: NAVIGATING THE LINE BETWEEN EQUITY AND POLITICS

AUTHOR – JAGDISH WAMANRAO KHOBRAGADE* & ANUJ KHANDARE**

* ASSISTANT PROFESSOR OF LAW AT MAHARASHTRA NATIONAL LAW UNIVERSITY NAGPUR

** ADVOCATE, SUPREME COURT OF INDIA

BEST CITATION – JAGDISH WAMANRAO KHOBRAGADE & ANUJ KHANDARE, MARATHA RESERVATION AND THE CONSTITUTION: NAVIGATING THE LINE BETWEEN EQUITY AND POLITICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 455-459, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The recent enactment of the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024, which grants a 10 percent reservation to the Maratha community in government jobs and educational institutions, has once again brought the contentious issue of caste-based reservations to the forefront of legal and political discourse in India. This legislation, supported by the Maharashtra Backward Class Commission seeks to address perceived socio-economic disadvantages within the Maratha community. However, it directly challenges the constitutional framework established by the Supreme Court in Jaishri Laxmanrao Patil v. State of Maharashtra (2021), where the Maratha quota was invalidated for breaching the 50 percent reservation cap laid down in the landmark judgment of Indra Sawhney v. Union of India (1992). This paper provides a comprehensive analysis of the historical evolution of Maratha reservations, the constitutional limitations imposed by judicial precedents, and the implications of recent constitutional amendments, including the 102nd and 103rd Amendments. Further, it critically evaluates the political motivations behind extending reservations to socially and educationally progressive but electorally significant communities such as the Marathas, assessing the tension between the principles of social justice and equality of opportunity enshrined in Articles 15 and 16 of the Indian Constitution. The study underscores the need for a nuanced and data-driven approach to affirmative action, ensuring that reservation policies serve their original purpose of uplifting historically marginalized groups without compromising constitutional safeguards or diluting the ethos of social equity..
Keywords: Maratha Reservation, Constitutional Validity, Fundamental Rights.

CASE ANALYSIS OF THE NAINA SAHNI (TANDOOR MURDER) CASE, 1995: FORENSIC AND LEGAL DIMENSIONS

AUTHOR – MONALISHA ARUMUGAM, LLM STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – MONALISHA ARUMUGAM, CASE ANALYSIS OF THE NAINA SAHNI (TANDOOR MURDER) CASE, 1995: FORENSIC AND LEGAL DIMENSIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 305-313, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Naina Sahni v. State (Tandoor Murder Case, 1995) remains one of the most sensational and legally significant criminal cases in India, primarily due to its brutal facts, reliance on forensic evidence, and the application of the “rarest of rare” doctrine in sentencing. The case revolved around the murder of Naina Sahni by her husband, Sushil Sharma, a prominent political figure, who shot her on suspicion of infidelity and subsequently attempted to dispose of her body by burning it in a restaurant tandoor. The gruesome manner in which the crime was committed, coupled with the challenges of identification and evidence preservation, drew wide media attention and brought forensic science into sharp focus within the Indian criminal justice system.

This article provides a comprehensive case analysis of the Naina Sahni murder, with a dual emphasis on forensic and legal dimensions. It examines how ballistics, post-mortem findings, and forensic identification played a pivotal role in linking Sharma to the crime, despite his attempt to obliterate evidence. The analysis further explores the criminal trial, the arguments advanced by both prosecution and defence, and the judicial approach adopted by the trial court, Delhi High Court, and the Supreme Court of India. A critical focus is placed on the sentencing debate, where the trial court and High Court imposed the death penalty, later commuted to life imprisonment by the Supreme Court, illustrating evolving judicial interpretations of the “rarest of rare” principle laid down in Bachan Singh v. State of Punjab (1980).

Beyond the specific case, the article also discusses the broader implications for Indian criminal jurisprudence, particularly in cases involving circumstantial evidence, destruction of the victim’s identity, and the role of forensic science in bridging evidentiary gaps. It highlights how this case served as a benchmark in reinforcing the evidentiary value of scientific investigation, while simultaneously reflecting on the challenges of balancing retributive justice with the reformative goals of sentencing policy.

By critically analyzing the forensic breakthroughs and judicial reasoning in the Naina Sahni case, this paper underscores its significance as a landmark in the intersection of law, science, and justice in India.

Keywords Naina Sahni Case; Tandoor Murder; Forensic Evidence; Circumstantial Evidence; Criminal Law; Indian Penal Code; Death Penalty; Rarest of Rare Doctrine; Judicial Reasoning; Forensic Science in Criminal Trials.

JITENDRA KUMAR RODE VS. UNION OF INDIA (2024) 11 SCC 559

AUTHOR – PRAGATI GARG, VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES-TECHNICAL CAMPUS, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY (GGSIPU), DEPARTMENT OF LAW, ENROLLED IN THE 5 YEAR INTEGRATED BBALLB COURSE

BEST CITATION – PRAGATI GARG, JITENDRA KUMAR RODE VS. UNION OF INDIA (2024) 11 SCC 559, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 301-304, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This case engages the intersection of procedural criminal law and constitutional guarantees, foregrounding the jurisprudential tension between appellate efficiency and the integrity of due process. In Jitendra Kumar Rode v. Union of India, the Supreme Court interrogates the structural necessity of trial records in appellate adjudication, framing their absence as a constitutional infirmity under Article 21. The judgment advances a normative claim: that procedural compliance is not merely a technical prerequisite but a substantive condition for justice. By rejecting reconstructed records and refusing to endorse a retrial after decades, the Court articulates a rights-based threshold for appellate legitimacy. The directive for digitization of judicial records signals a systemic shift toward institutional accountability, embedding procedural fidelity within the architecture of constitutional adjudication.Keywords: Fair Legal Procedure; Article 21 – Right to Life and Personal Liberty; Section 385 CrPC; Appellate Adjudication; Judicial Record Digitization

SOUNDARAJAN VS. STATE (REP. BY THE INSPECTOR OF POLICE) (2023) 16 SCC 141

AUTHOR – VANSHIKA GUPTA, VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES-TECHNICAL CAMPUS, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY (GGSIPU) ENROLLED IN THE 5 YEAR INTEGRATED BBALLB COURSE.

BEST CITATION – VANSHIKA GUPTA, SOUNDARAJAN VS. STATE (REP. BY THE INSPECTOR OF POLICE) (2023) 16 SCC 141, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 296-300, APIS – 3920 – 0001 & ISSN – 2583-2344.

I.INTRODUCTION

The Supreme Court’s decision in Soundarajan v. State Rep. by the Inspector of Police, Vigilance and Anti-Corruption, Dindigul marks a pivotal moment in the interpretation of evidentiary standards under the Prevention of Corruption Act, 1988. The appellant, Soundarajan, who served as a Sub-Registrar in Tamil Nadu’s Dindigul District, was initially convicted under Sections 7 and 13(2) read with Section 13(1)(d) of the Act. Although the High Court affirmed this conviction, the Supreme Court ultimately set it aside, underscoring the necessity of proving the demand for illegal gratification beyond reasonable doubt. This ruling not only scrutinizes the evidentiary threshold required for corruption charges but also sets a precedent that could influence the adjudication of similar cases in the future, reinforcing the principle that mere recovery of money is insufficient without clear proof of demand^[1].

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[1] “Strengthening Evidentiary Standards in Corruption Cases: Insights from Soundarajan v. State Rep. The Inspector of Police Vigilance Anticorruption Dindigul,” CaseMine, April 18, 2023, available at https://www.casemine.com/commentary/in/strengthening-evidentiary-standards-in-corruption-cases:-insights-from-soundarajan-v.-state-rep.-the-inspector-of-police-vigilance-anticorruption-dindigul/view (last visited Sept. 7, 2025).

LEGAL AND REGULATORY FRAMEWORK FOR GREEN HYDROGEN IN INDIA

AUTHOR – MALINI MODI, STUDENT AT AMITY UNIVERSITY

BEST CITATION – MALINI MODI, LEGAL AND REGULATORY FRAMEWORK FOR GREEN HYDROGEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 285-295, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction to Green Hydrogen Technology

Green hydrogen is increasingly becoming the linchpin of the transition of the entire world towards a clean energy framework. It is produced through an electrolysis procedure where water (H₂O) is dissolved into hydrogen (H₂) and oxygen (O₂) through the assistance of electricity gained from renewable means such as solar, wind, or hydroelectricity. Blue or grey hydrogen differs from green hydrogen in that it emits no carbon and none of the greenhouse gases at any stage of its production. That makes it a very good fuel where the matter of curbing climate change as well as environmental conservation comes into play. Also, green hydrogen has exceptionally diverse uses and can be employed in a multitude of sectors: it can be applied directly as a fuel to fuel-cell electric vehicles (FCEVs), as an industrial feedstock for the manufacturing process of steel and cement, as an energy store, and as part of fertilizer production through the utilization of ammonia.^[1]

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[1] International Renewable Energy Agency, Green Hydrogen: A Guide to Policy Making, (IRENA 2020) p. 12.

A CRITICAL STUDY ON UNFAIR TRADE PRACTICE: EXAMINING THE IMPACT OF DOHA DECLARATION ON GLOBAL EQUITY

AUTHOR – MRIDHULA KORAPATI, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI- 600 077.

BEST CITATION – MRIDHULA KORAPATI, A CRITICAL STUDY ON UNFAIR TRADE PRACTICE: EXAMINING THE IMPACT OF DOHA DECLARATION ON GLOBAL EQUITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 250-265, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Unfair trade practices (UTPs) refer to deceptive, fraudulent, or unethical business conduct that distorts competition and harms consumers. The Doha Declaration, adopted during the WTO Ministerial Conference in 2001, primarily focused on public health, trade flexibility, and fair trade practices, particularly concerning intellectual property rights under the TRIPS Agreement. The aim of the research paper is to conduct a critical study of unfair trade practices, with a special focus on the Doha Declaration and its impact on global trade regulations, intellectual property rights (IPR), and access to essential goods, especially pharmaceuticals. The objective is  to examine the concept and types of unfair trade practices in international trade, To analyze the role of the Doha Declaration in addressing unfair trade practices, with a focus on public health and intellectual property rights. The methodology of the research is that, This empirical study collected data from 211 respondents in Chennai using convenience sampling. Key variables included age, gender, education, and occupation. The study used cluster graphs, ANOVA, and chi-square tests to assess the necessity of unfair trade protection in ensuring fair and safe trade between consumers and sellers. The Finidings of the study is  that despite the Doha Declaration’s intent to promote fair trade, unfair practices persist due to corporate influence, weak enforcement. In the pharmaceutical sector, TRIPS-related patent protections have increased drug prices, limiting access to essential medicines, while developing countries face legal and economic barriers in utilizing compulsory licensing. The conclusion is  that while the Doha Declaration was a significant step toward addressing unfair trade practices, medicines, as developing nations face economic and political barriers when attempting to use compulsory licensing.

KEY WORD :Doha Declaration, Unfair Trade Practices, Trade Regulations, Property Rights, Global Equity.