THE ADMISSIBILITY OF DYING DECLARATION IN THE EVIDENCE ACT

AUTHOR – DR. NAVIN KUMAR, ASSISTANT PROFESSOR AT BHARAT COLLEGE OF LAW, KURUKSHETRA, INDIA

BEST CITATION – DR. NAVIN KUMAR, THE ADMISSIBILITY OF DYING DECLARATION IN THE EVIDENCE ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1247-1252, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The Indian Evidence Act is based on three principles: direct evidence must be given, evidence must be confined to the facts in issue, and hearsay evidence must not be admitted in a suit or proceeding before the court. Under ordinary circumstances, hearsay is generally inadmissible in accordance with a fundamental tenet of evidence law due to its lack of reliability and directness. The evidence provided is subpar and lacks the formality of being offered under oath. Moreover, the delicate nature of hearsay evidence often leads to prolonged trial durations as its validity and reliability require thorough examination and validation. Therefore, it is a general principle that oral testimony must always be direct, and hearsay information is not considered evidence. However, exceptions to this rule, such as Res Gestae and Dying Declaration, exist to accommodate specific circumstances where the standard principles may not apply. When a statement is made by a person as to the cause of his death or as to any of the circumstances of the transaction that resulted in death, the cause of that person’s death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death. The underlying principle for admitting this type of evidence is that it consists of declarations made in a state of extreme urgency where the individual is expecting death and has lost all hope in this world. At such a moment, every reason to lie ceases to exist, and the mind is compelled by the greatest justifications to speak the truth. There is no legal principle stating that a dying statement should not be acted upon unless it is supported by additional evidence. However, it is often deemed unsafe to convict an accused solely based on it. In this paper the researcher will discuss the relevancy of dying declaration and the evidentiary value of it in court proceeding.

Keywords: Res Gestae, Judgements, Evidence, Declaration, Homicide, Falsehood, Self-Inflicting.

THE INTEGRATION OF AI IN INDIAN BANKING: LEGAL CHALLENGES AND CONSIDERATIONS

AUTHOR – PROF RP YADAV, SHARDA UNIVERSITY, GREATER NOIDA, UTTAR PRADESH

BEST CITATION – PROF RP YADAV, THE INTEGRATION OF AI IN INDIAN BANKING: LEGAL CHALLENGES AND CONSIDERATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1241-1246, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid advancement of artificial intelligence (AI) technologies has begun to revolutionize the banking sector in India, promising increased efficiency, improved customer experiences, and enhanced risk management. However, as AI systems become more prevalent in financial institutions, they also bring forth a host of legal challenges that need to be carefully addressed. This article explores the key legal issues surrounding the integration of AI in Indian banking, providing examples and analysis of the complex regulatory landscape.

Keywords–  artificial intelligence, algorithm, digitalization, data privacy, intellectual property rights, cross border data flow, transparency

BALANCING FREE SPEECH WITH HATE SPEECH AND DEFAMATION: AN INDIAN PERSPECTIVE

AUTHOR – MR. VIJAYKUMAR METI, STUDENT AT SMT. BASAMMA GURULINGAPPA LAW COLLEGE, LINGASUGUR. KARNATAKA

BEST CITATION – MR. VIJAYKUMAR METI, BALANCING FREE SPEECH WITH HATE SPEECH AND DEFAMATION: AN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1227-1240, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

­The interplay between free speech, hate speech, and defamation presents a dynamic and complex challenge, especially in the context of India’s diverse and rapidly evolving digital landscape. This paper delves into the intricate legal and social dimensions of this issue, examining the delicate balance between protecting free expression and preventing harm. The discussion explores the profound impact of social media, with its global reach, rapid dissemination, and tendency to create echo chambers that amplify harmful speech.

By investigating international best practices, such as Germany’s stringent NetzDG law and the robust free speech protections in the United States, the paper provides comparative insights that can inform India’s regulatory approach. It emphasizes the need for precise and narrowly tailored legislation, judicial oversight, independent regulatory bodies, and enhanced digital literacy to address the multifaceted challenges posed by hate speech and defamation in the digital age.

Ultimately, this paper advocates for a multi-faceted and collaborative approach, involving legal reforms, active participation of intermediaries, and civil society engagement. By adopting these strategies, India can strive to protect the fundamental right of free speech while effectively mitigating the harms caused by hate speech and defamation. This nuanced exploration aims to provide a comprehensive framework for policymakers, legal scholars, and digital platform stakeholders, fostering a balanced and informed discourse on one of the most pressing issues of our time.

Keywords: Free Speech, Hate Speech, Defamation, Social Media Regulation, Digital Literacy, Comparative Legal Frameworks, NetzDG Law, Content Moderation, Online Harm, Legal Reforms

A  STUDY ON CHILD TRAFFICKING FOR ORGAN THEFT IN INDIA

AUTHOR – S.SWETHA, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI-77.

BEST CITATION – S.SWETHA, A  STUDY ON CHILD TRAFFICKING FOR ORGAN THEFT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1191-1213, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In organ transplantation, the interest for human organs has become far quicker than the stockpile of organs. This has opened the entryway for unlawful organ exchange and dealing including from kids. Coordinated wrongdoing gatherings and individual organ representatives exploit what is going on and, thus, bootleg trades are turning out to be more varied and coordinated organ dealing is extending around the world. While oppressed and weak people in non-industrial nations are a significant wellspring of dead organs, and may themselves be dealt with the end goal of unlawful organ evacuation and exchange, kids are at particular gamble of double-dealing. With the affirmed instances of kids being dealt for their organs, youngster organ dealing, which once called a “cutting edge metropolitan legend”, is a miserable reality in this day and age. By introducing a worldwide image of kid organ dealing, this paper stresses that youngster organ dealing is presently not a legend however a reality which must be tended to. It contends that the global endeavours against organ endlessly dealing with individuals for organ expulsion have neglected to address youngster organ dealing sufficiently. This section recommends that more coordinated global joint effort as well as advancement of preventive measures and lawfully restricting reports are expected to battle kidney organ dealing and to help its casualties.

KEYWORDS: Child organ trafficking; Organ transplantation; Trafficking of human beings for organ removal; Transplant tourism.

WOMEN’S ROLE IN INDIAN JUDICIARY

AUTHOR – TASMIYA NAAZ, STUDENT AT S.S. KHANNA GIRL’S DEGREE COLLEGE

BEST CITATION – TASMIYA NAAZ, WOMEN’S ROLE IN INDIAN JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1218-1226, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The role of women in the Indian judiciary has evolved significantly over the years. Women judges play a crucial role in upholding justice, promoting gender equality, and shaping legal precedents. Their presence in the judiciary brings diverse perspectives and experiences to the decision-making process. Despite the progress made, there are still challenges that women face in terms of representation and empowerment in the judiciary. However, their contributions have been instrumental in advancing women’s rights and ensuring equal access to justice. It’s inspiring to see more women taking on leadership roles and making a positive impact in the Indian judiciary.

POLLUTER PAY PRINCIPLE – GUARDIAN OF THE ENVIRONMENT

AUTHOR – MRINAL BIRLA, STUDENT AT SCHOOL OF LAW, NMIMS (DEEMED TO BE UNIVERSITY)

BEST CITATION – MRINAL BIRLA, POLLUTER PAY PRINCIPLE – GUARDIAN OF THE ENVIRONMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1214-1217, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

What if one nation through its activity starts degrading the environment of its adjacent nation in some or the other way? Will that nation be held responsible for its acts? The answer to this question is provided through the concept of ‘Polluter Pays Principle’, prevalent in the area of environment law. With the advent of industrial revolution and setting up of industries, the condition of environment has drastically degraded. Degrading environment is no more restricted to boundaries of a nation, as it is capable of harming it for other nations too and hence, ultimately keeping the global environment at stake. Also, the absence of sanctions and penalties from the scope of environment law makes it difficult to keep a check on the harm being caused to environment. According to the polluter pays principle, it is generally accepted at the international and regional level that the polluter should be made responsible and should pay and not the authorities. Existence of this principle is key to curbing the environmental degradation as it includes in its ambit the idea of penalties for the polluter. This paper aims at discussing the importance of polluter pays principle along with its position in India. It also includes the limitations of the principle.Keywords: ­­­­­Environment, Protection, Compensation, Pollution, Development, Penalty.

VISUAL AND PHONETIC SIMILARITY OF TRADEMARKS: STUDY OF JUDICIAL TRENDS IN INDIA

AUTHOR – MRINAL BIRLA, STUDENT AT SCHOOL OF LAW, NMIMS (DEEMED TO BE UNIVERSITY)

BEST CITATION – MRINAL BIRLA, VISUAL AND PHONETIC SIMILARITY OF TRADEMARKS: STUDY OF JUDICIAL TRENDS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1188-1193, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Brand value and Goodwill are crucial for every company or business as it acts as its identity. Trademark provides identity and a sense of standard to any business by building its reputation and in order to boost any business, the importance of trademark should be understood as equal to a good quality product. Trademark creates value, brand name and helps in generating revenue for any business. Keeping in mind its importance in recognition of any enterprise or product, trademark is susceptible to misuse and infringement. The law relating to trademark is governed by the Trade Marks Act, 1999, which has set standards for determination of the distinctiveness of marks under Section 9 and Section 11. Even though the standards are set by the act, the issue requires judicial vision from time to time. Section 29(9) of the said Act incorporates the provisions relating to infringement of a registered mark due to phonetic similarity. It states that infringement of mark can be caused by virtue of being visually or phonetically similar. The Apex Court of India has on several instances observed that both eyes and ears should be used to compare trademarks. This paper aims to study the judicial trends in relation to visual and phonetic similarity of trademarks in India.

Keywords: Trademark, Similarity, Visual, Phonetic, Deceptive, Infringement, Protection, Judiciary, Precedents

ROAD SAFETY AND ITS CURRENT SITUATION IN OUR SOCIETY

AUTHOR – SREYA.S, STUDENT AT SATHYABAMA INSTITUTE OF SCIENCE AND TECHNOLOGY

BEST CITATION – SREYA.S, ROAD SAFETY AND ITS CURRENT SITUATION IN OUR SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1181-1187, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Road safety remains a critical public health and societal issue, affecting millions annually through injury and death. This article explores the multifaceted dimensions of road safety, examining the primary causes of accidents, the effectiveness of current safety measures, and emerging challenges. Despite advancements in vehicle technology and infrastructure, road accidents continue to be prevalent, driven by human error, impaired driving, speeding, and non-compliance with traffic regulations. Current safety measures include legislative actions, technological innovations, and educational campaigns aimed at reducing accidents and fatalities. Legislative efforts focus on stricter enforcement of traffic laws, while technological advancements such as autonomous vehicles, advanced driver-assistance systems (ADAS), and improved road infrastructure show promise. Educational initiatives aim to raise awareness of safe driving practices. However, challenges persist due to the rising number of vehicles, urbanization, and varying road safety standards across regions. In conclusion, while progress has been made, a concerted effort involving governments, industry stakeholders, and the public is essential to further reduce road accidents and fatalities. Future strategies should leverage technology, enhance global cooperation, and promote a culture of safety to address the evolving dynamics of road safety in our society.

THE ROLE OF POLITICAL LEADERS IN SHAPING POLITICAL TOURISM DESTINATIONS IN INDIA

AUTHOR – PRASANNA.K, STUDENT AT SATHYABAMA INSTITUTE OF SCIENCE & TECHNOLOGY (DEEMED TO BE UNIVERSITY), SCHOOL OF LAW, CHENNAI

BEST CITATION – PRASANNA.K, THE ROLE OF POLITICAL LEADERS IN SHAPING POLITICAL TOURISM DESTINATIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1174-1180, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Political tourism, a growing phenomenon in the contemporary travel landscape, encompasses visits to destinations of political significance. India, with its rich political history and contemporary democratic practices, presents a unique canvas for political tourism. This paper explores the role of political leaders in shaping political tourism destinations in India. It examines the influence of leadership styles, political events, and historical legacies on tourist experiences and destination marketing. However, navigating ethical considerations and addressing security concerns are crucial for ensuring a balanced and responsible approach to this burgeoning form of tourism. Through a collaborative effort between political leaders, tourism agencies, and local communities, India can establish itself as a leading global destination for political tourism, fostering cultural understanding and promoting democracy on an international level.By analysing case studies of prominent political figures and events, this research underscores how political leadership can attract visitors, enhance cultural heritage, and influence local economies.This paper explores the historical context of political tourism in India, examines the future prospects of this niche sector, discusses various challenges and criticisms, and presents case studies that illustrate the impact of political leaders on tourism destinations.

KEYWORDS:  Political , leaders , Tourism, India, International.

A STUDY ON PERCEPTION OF MALES AS VICTIMS IN FALSE ACCUSATIONS: EXAMINING THE IMPACT OF INDIAN PENAL CODE AND BHARATIYA NYAYA SANHITA PROVISIONS IN URBAN INDIA

AUTHOR – G.REETHIKAA, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS)

BEST CITATION – G.REETHIKAA, A STUDY ON PERCEPTION OF MALES AS VICTIMS IN FALSE ACCUSATIONS: EXAMINING THE IMPACT OF INDIAN PENAL CODE AND BHARATIYA NYAYA SANHITA PROVISIONS IN URBAN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1152-1173, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This study examines the perception of males as victims in false accusation cases within urban India, focusing on the impact of provisions in the Indian Penal Code (IPC) and the proposed Bharatiya Nyaya Sanhita (BNS). The research aims to understand societal attitudes, legal challenges, and potential consequences faced by male victims in the context of false accusations. Employing a descriptive research approach, the study utilizes a convenient sample of 200 participants from the Chennai region to gather data through structured questionnaires and semi-structured interviews. The objectives include assessing public awareness, analysing the impact of current and proposed legal provisions, identifying potential gender biases in the legal system, and exploring societal attitudes towards male victims. The methodology involves statistical analysis of quantitative data and thematic analysis of qualitative responses to identify patterns and insights. The study’s findings are expected to shed light on the complex challenges faced by male victims of false accusations, highlighting varying levels of public awareness regarding legal provisions and their potential misuse. The research aims to inform policy discussions, legal reforms, and social initiatives by emphasizing the need for balanced legal approaches, improved support systems for male victims, and enhanced public education on gender equality in the justice system.

Keywords: False accusations, Male victims, Indian Penal Code (IPC), Urban India, Bharatiya Nyaya Sanhita (BNS).