ARTIFICIAL INTELLIGENCE PUBLIC POLICY AND FRAUD: RETHINKING ENFORCEMENT UNDER THE NEW YORK CONVENTION

AUTHOR – SHAHIDA PARWEEN, STUDENT AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY

BEST CITATION – SHAHIDA PARWEEN,ARTIFICIAL INTELLIGENCE PUBLIC POLICY AND FRAUD: RETHINKING ENFORCEMENT UNDER THE NEW YORK CONVENTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 281-288, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I828

ABSTRACT

As it guarantees the acceptance and enforcement of foreign arbitral rulings, the New York Convention, 1958 continues to be the cornerstone of international commercial arbitration. But the public policy exception under Article V(2)(b) has consistently led to doctrinal ambiguity, especially when combined with fraud accusations. Differentiating between strategic, meritbased arguments masquerading as enforcement objections and actual violations of fundamental public policy remains a challenge for courts throughout jurisdictions. This paper critically analyses how public policy and fraud are interpreted in many important jurisdictions, such as Singapore, the United States, the United Kingdom, India, and Switzerland. It contends that the pro-enforcement goal of the Convention is weakened and arbitral finality is compromised by inconsistent judicial procedures.

In this study, artificial intelligence (AI) is introduced as a judicial decision-support tool that can help courts uncover fraud-related risk patterns, identify baseless public policy arguments, and improve consistency in enforcement outcomes. The paper suggests a technologically informed, appropriate, and globally harmonized paradigm for enforcement review by incorporating AI-driven tools like Natural Language Processing (NLP), predictive analytics, and human-in-the-loop governance frameworks. The study comes to the conclusion that AI can greatly improve the legitimacy, effectiveness, and consistency of arbitral award enforcement under the New York Convention when used morally and as an auxiliary rather than adjudicatory instrument.

NON-CONSENSUAL INTIMATE IMAGE ABUSE AND THE LIMITS OF LAW: GENDER, TECHNOLOGY, AND REGULATION IN INDIA

AUTHOR – KHUSHI AWANA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY NOIDA

BEST CITATION – KHUSHI AWANA, NON-CONSENSUAL INTIMATE IMAGE ABUSE AND THE LIMITS OF LAW: GENDER, TECHNOLOGY, AND REGULATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 272-280, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The increasing adoption of digital technologies has resulted in the creation of new ways through which people’s privacy can be violated, and one such way is known as Non-Consensual Intimate Image Abuse (NCIIA), which has come to prominence as an emerging threat. This essay explores what NCIIA means and its implications in India, viewing it as a complex form of digital sexual assault that goes well beyond the simplistic notion of “revenge pornography.” It also discusses the different aspects of NCIIA, such as non-consensual sharing, surreptitious filming, manipulation, and threats, with consent being a key aspect.

Moreover, the study goes further to look at the gender-based dimensions of NCIIA, considering that the deeply rooted norms of patriarchy and society’s attitude affect women and marginalized groups more. The paper analyses the psychosocial and economic impacts on the victimized individuals, emphasizing the lasting impact brought about by digital media’s permanency and viral nature.

Moreover, the paper evaluates the current efforts made by governments through various policies, such as reports, capacity building, cybercrime strategies, and the impact of digital intermediaries in moderating online content and preventing cybercrimes. Despite the developments that have been made, the paper notes several shortcomings.

In conclusion, the paper emphasizes the need for an inclusive and holistic strategy that involves legal measures, technology accountability, digital literacy, and social change in order to ensure that NCIIA is properly handled and that people’s dignity and autonomy are maintained.

Keywords: Non-Consensual Intimate Image Abuse (NCIIA); Digital Sexual Violence; Privacy and Autonomy; Gender-Based Violence; Cyber Law; Intermediary Liability; Psychological

“THE LEGAL PUZZLE: ARTIFICIAL INTELLIGENCE, CREATIVITY, AND INTELLECTUAL PROPERTY RIGHTS”

AUTHOR – SHIVENDRA SINGH, AMITY LAW SCHOOL NOIDA, UTTAR PRADESH

BEST CITATION – SHIVENDRA SINGH, “THE LEGAL PUZZLE: ARTIFICIAL INTELLIGENCE, CREATIVITY, AND INTELLECTUAL PROPERTY RIGHTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 262-271, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I826

ABSTRACT

Intellectual Property Rights (IPR) protect the creations of the human mind, granting inventors and creators exclusive rights over their innovations through mechanisms such as patents, trademarks, copyrights, geographical indications, and trade secrets. These rights serve a dual purpose: protecting the creator’s interests while enabling society to benefit from innovation through regulated use and commercialization.

The emergence of Artificial Intelligence (AI) has fundamentally challenged traditional IPR frameworks. AI systems now generate thousands of creative works daily—from artwork and music to written content and business solutions—raising critical questions about authorship, ownership, and legal protection. Unlike human creators, AI operates through algorithmic analysis of data patterns, learning autonomously and producing outputs that blur the lines between human and machine creativity.

This paper examines the intersection of AI and IPR in India, analyzing how current legal frameworks address AI-generated works, the challenges posed by autonomous creation, and the urgent need for legislative reform. As AI becomes integral to India’s innovative and economic growth, establishing clear IPR protections is essential for fostering continued investment and development in this transformative field.

Keywords: Artificial Intelligence (AI), Intellectual Property Rights (IPR), Copyright Law, Patent Law, Legal Reform, India.

CUSTODY, COERCION, AND COMPLICITY: A CONCEPTUAL AND THEORETICAL FRAMEWORK OF CUSTODIAL VIOLENCE IN INDIA

AUTHOR – RACHIT MATHUR, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – RACHIT MATHUR, CUSTODY, COERCION, AND COMPLICITY: A CONCEPTUAL AND THEORETICAL FRAMEWORK OF CUSTODIAL VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 246-252, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In India, custodial violence cannot be addressed without regard to the conditions that create it. Prior to exploring the legal protections and judicial responses to custodial deaths, it is important to lay down a preliminary framework of understanding – a framework that defines the notion of custody, the typology of custodial violence, and the underlying causes that allow custodial violence to flourish despite constitutional prohibitions. This Research Paper seeks to provide that foundation. The Research Paper starts with a distinction between the two main types of custody in the Indian criminal justice system: police custody and judicial custody. Although both involve state power over a person’s liberty, they vary in terms of the power exercised, the conditions under which they operate and the potential for abuse. This difference is not just semantic – it impacts the legal remedies and accountability frameworks that apply. Drawing on this distinction, the Research Paper then moves on to mapping the typology of custodial violence, which includes physical torture, psychological torture, fake encounters and custodial rape. These are not only associated with different legal consequences, but also different forms of power abuse by State authorities. The Research Paper then moves on to the institutional and structural causes of custodial violence – the pressure on the police to extract confessions, political interference in police work, lack of professional training, and systemic social biases – and relates these factors to the theories of state accountability and institutional abuse of power. In all, these discussions demonstrate that custodial violence is not an anomaly, but a failure of the Indian system of policing.

FROM DIGITAL EVIDENCE TO ACQUITTAL: A CRITICAL EXAMINATION OF INVESTIGATIVE AND PROCEDURAL FAILURES IN THE PROSECUTION OF CYBER AND ECONOMICS CRIMES IN INDIA

AUTHOR – SIDDHARTH NEGI, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – SIDDHARTH NEGI, FROM DIGITAL EVIDENCE TO ACQUITTAL: A CRITICAL EXAMINATION OF INVESTIGATIVE AND PROCEDURAL FAILURES IN THE PROSECUTION OF CYBER AND ECONOMICS CRIMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 234-245, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study critically examines the role of digital evidence in the prosecution of cyber and economic crimes in India, with a specific focus on the gap between evidentiary potential and judicial outcomes. While the legal framework—particularly the Bharatiya Sakshya Adhiniyam, 2023 and the Information Technology Act, 2000—formally recognizes electronic records as admissible evidence, practical challenges continue to undermine their effectiveness in securing convictions. The research analyses investigative and procedural shortcomings, including improper collection, weak chain of custody, lack of technical expertise among law enforcement, and non-compliance with statutory requirements such as certification under Section 63. It further highlights systemic issues such as inadequate forensic infrastructure, jurisdictional complexities, encryption barriers, and delays in expert examination. Judicial hesitation and inconsistent interpretation of admissibility standards further complicate the evidentiary process. Through doctrinal and analytical methods, the study demonstrates that despite legislative advancements, digital evidence often fails to meet the threshold of reliability required in criminal trials, leading to acquittals. The paper concludes by emphasizing the need for capacity building, standardized forensic protocols, inter-agency coordination, and judicial training to bridge the gap between digital evidence and effective prosecution in India’s evolving cybercrime landscape.

Keywords:
Digital Evidence, Cyber Crime, Bharatiya Sakshya Adhiniyam, Chain of Custody, Forensic Investigation

ENCOUNTER KILLINGS IN INDIA: A LEGAL, CONSTITUTIONAL AND CRIMINAL LAW PERSPECTIVE

AUTHOR – SAKSHAM KATHURIA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SAKSHAM KATHURIA,ENCOUNTER KILLINGS IN INDIA: A LEGAL, CONSTITUTIONAL AND CRIMINAL LAW PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 225-231, APIS – 3920 – 0001 & ISSN – 2583-2344.

Encounter killings, commonly understood as deaths resulting from alleged armed confrontations between police forces and suspected criminals, have increasingly become a recurring feature of India’s law enforcement framework. Although such incidents are frequently justified as acts of self-defence, their growing prevalence raises serious concerns regarding constitutional governance, accountability, and the functioning of the criminal justice system. Encounter killings, which are generally described as deaths occurring during alleged police confrontations, have increasingly become a part of India’s law enforcement reality. While authorities often justify such actions as necessary for maintaining order, their growing number raises serious concerns about legality, accountability, and the functioning of the criminal justice system.

A STUDY TO UNDERSTAND THE RECENT AMENDMENTS IN THE PROPERTY LAW IN INDIA: A CRITICAL ANALYSIS

AUTHORS – VATSAL VASHISHTHA, STUDENT AT AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – VATSAL VASHISHTHA, A STUDY TO UNDERSTAND THE RECENT AMENDMENTS IN THE PROPERTY LAW IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 197-225, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI- https://doi.org/10.65393/IJLRV6I821

ABSTRACT

This study critically examines recent amendments in property law in India, focusing on their impact on legal frameworks, regulatory governance, and practical implementation. Key legislative reforms, particularly the Real Estate (Regulation and Development) Act, 2016 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, have been analyzed through a qualitative research approach. The study integrates doctrinal analysis with empirical insights derived from semi-structured interviews conducted with diverse stakeholders, including legal practitioners, regulatory officials, developers, property owners, and policy experts.

The findings reveal that while these reforms have significantly enhanced transparency, accountability, and consumer protection at the structural level, their effectiveness is constrained by persistent implementation challenges. Issues such as bureaucratic inefficiency, administrative delays, corruption, and lack of coordination among institutions continue to limit the realization of reform objectives. Thematic analysis identifies key dimensions of reform, including digitization, regulatory oversight, procedural safeguards, and compensation mechanisms. Judicial interpretation has played a critical role in reinforcing constitutional protections under Article 300A, although inconsistencies in interpretation remain.

The study also highlights the gap between legislative intent and ground-level realities, particularly affecting marginalized groups and rural stakeholders. It concludes that while property law reforms represent a significant normative advancement, their success depends on improved institutional capacity, technological integration, and inclusive governance. The research contributes to existing literature by providing an integrated, qualitative perspective that connects legal, institutional, and socio-economic dimensions of property law reforms in India.

Keywords: Property Law Reforms, RERA, Land Acquisition, Transparency, Accountability, Regulatory Governance, Digitization, Judicial Interpretation, Article 300A, Stakeholder Perception, Implementation Challenges, India.

“FROM EXCEPTION TO NORM: THE TRANSFORMATION OF BAIL UNDER UAPA”

AUTHOR – RAM ARORA, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – RAM ARORA, “FROM EXCEPTION TO NORM: THE TRANSFORMATION OF BAIL UNDER UAPA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 191-196, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The dissertation explores the ongoing tension in India between the demands of national security and the protection of civil liberties, particularly as reflected in the bail framework under special criminal laws. The well-established principle that “bail is the rule and jail the exception,” laid down in State of Rajasthan v. Balchand, becomes difficult to sustain in practice due to statutes such as the Unlawful Activities (Prevention) Act, 1967 and the National Investigation Agency Act, 2008. These laws introduce heightened thresholds for granting bail, requiring courts to undertake a preliminary evaluation of the case even before trial begins.

As a result, judicial decision-making is constrained, often leading to extended periods of pre-trial detention. This raises important concerns under Articles 14 and 21 of the Constitution, which guarantee equality before the law and protection of personal liberty. Bail, in this context, is not merely procedural but closely tied to the presumption of innocence and the right to a fair and speedy trial. Earlier decisions, such as Gudikanti Narasimhulu v. Public Prosecutor, strongly reinforced these principles. However, later rulings most notably National Investigation Agency v. Zahoor Ahmad Shah Watali have shifted the balance by limiting judicial scrutiny and giving primacy to the prosecution’s version at the bail stage.

Section 43D(5) of the UAPA has been particularly criticised for turning bail hearings into proceedings resembling a trial, while simultaneously restricting the accused from effectively challenging the evidence presented by the prosecution. This issue is not merely theoretical but is evident in everyday judicial practice. Bail hearings in trial courts often span multiple sittings and involve detailed examination of case records and investigative materials. In places such as Delhi, it is common for accused individuals to remain in custody for long durations before their trials even begin, making the process itself burdensome and punitive.

The dissertation analyses whether the operation of bail provisions under such special laws aligns with constitutional requirements of fairness, proportionality, and due process. It also situates the Indian framework within a broader comparative and international context concerning pre-trial detention.

The central argument advanced is that the cumulative effect of stringent bail provisions, systemic delays, and limited judicial scrutiny has normalized what were intended to be exceptional measures. In practice, pre-trial detention begins to function as a form of punishment rather than a preventive mechanism. This development calls for critical examination, as it risks undermining core principles of criminal justice. The study ultimately argues for clearer judicial standards, stronger procedural safeguards, and legislative reform to restore a more balanced approach between national security imperatives and individual liberty.

Keywords- Bail jurisprudence, Pre-trial detention, National security, Presumption of innocence, Due process.

ARTIFICIAL INTELLIGENCE AND THE TRANSFORMATION OF MORTGAGE LENDING IN INDIA

AUTHOR – LAAVANYA NAIR, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY, PUNE, LAVASA CAMPUS

BEST CITATION – LAAVANYA NAIR, EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 183-190, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I819

Abstract

India’s housing finance sector stands at a critical inflection point. Rising urbanisation, a growing middle class, and government-led affordable housing initiatives have expanded mortgage demand dramatically; yet the traditional lending model — characterised by manual underwriting, paper-intensive documentation, and branch-dependent distribution — has struggled to keep pace. Artificial intelligence (AI) has emerged as the key technological disruptor capable of bridging this structural gap. This paper examines how AI is reshaping mortgage origination, credit assessment, fraud detection, and regulatory compliance within the distinct context of the Indian financial ecosystem. Drawing on market data, regulatory developments including the Reserve Bank of India’s Digital Lending Directions 2025, and industry case studies, the paper argues that AI-driven innovation is not merely improving operational efficiency but is fundamentally democratising access to housing credit for underserved populations. Challenges around data privacy, algorithmic bias, and the need for explainable AI are also critically examined, along with a forward-looking policy framework for responsible adoption.

Keywords: Artificial Intelligence, Mortgage Lending, Housing Finance, India, Fintech, Credit Assessment, RBI, Financial Inclusion

THE PARADOX OF PROTECTION: ADOLESCENT AUTONOMY VERSUS MANDATORY PROSECUTION UNDER THE BHARATIYA NYAYA SANHITA, 2023 AND THE POCSO ACT, 2012

AUTHOR – HARINISHREE.K.K* & MRS.JISHA.J.S**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – HARINISHREE.K.K & MRS.JISHA.J.S,THE PARADOX OF PROTECTION: ADOLESCENT AUTONOMY VERSUS MANDATORY PROSECUTION UNDER THE BHARATIYA NYAYA SANHITA, 2023 AND THE POCSO ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 173-182, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Bharatiya Nyaya Sanhita, 2023 (BNS) together constitute the primary legislative architecture governing sexual offences against children in India. While these statutes serve a compelling protective function, their categorical prohibition of all sexual activity involving persons below the age of eighteen years irrespective of consent, the nature of the relationship, or the age differential between the parties has produced a paradox: the law designed to shield adolescents from exploitation simultaneously criminalises consensual peer relationships, exposing young persons to the very harms of stigma, trauma, and systemic injustice that protective legislation seeks to prevent. This article undertakes a critical doctrinal and comparative analysis of the tension between adolescent autonomy and mandatory prosecution under the POCSO Act and the BNS. Drawing upon constitutional principles embedded in Articles 14, 19, and 21 of the Constitution of India, the evolving capacities doctrine of the United Nations Convention on the Rights of the Child (UNCRC), and the best interests of the child standard, the article demonstrates that the current framework is disproportionate in its application to consensual adolescent relationships. The absence of a proximity-in-age exception, the mandatory reporting obligation under Section 19 of the POCSO Act, the limited scope for prosecutorial and judicial discretion, and the weaponisation of these statutes in cases involving inter-caste or inter-religious relationships collectively reveal a structural lacuna in the Indian legal order. Through a comparative survey of the legal frameworks of the United Kingdom, Canada, the United States, the Netherlands, and South Africa, the article identifies best practices and proposes a set of targeted legislative, judicial, and institutional reforms aimed at reconciling the protective objectives of the existing legislation with the recognition of adolescent agency and the evolving capacities of young persons.

Keywords: POCSO Act, Bharatiya Nyaya Sanhita, adolescent autonomy, age of consent, mandatory prosecution, proximity-in-age exception, evolving capacities, child sexual offences, India, criminal law reform.