TOXICOLOGICAL EVIDENCE IN FORENSIC PHARMACOLOGY: LEGAL AND SCIENTIFIC INTERFACES IN CRIMINAL JUSTICE

AUTHOR – JAYASETHURAM K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY CHENNAI

BEST CITATION – JAYASETHURAM K, TOXICOLOGICAL EVIDENCE IN FORENSIC PHARMACOLOGY: LEGAL AND SCIENTIFIC INTERFACES IN CRIMINAL JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 849-855, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

A Comparative Legal and Scientific Analysis Jurisdictions: India | United States | United Kingdom

Toxicological evidence plays a pivotal role in forensic pharmacology, particularly in criminal investigations involving poisoning, drug-related offenses, and unexplained deaths. This research paper explores the scientific and legal dimensions of toxicological evidence, evaluating its admissibility, reliability, and application in criminal trials. Through an interdisciplinary approach encompassing case laws, statutory provisions, and comparative legal analysis across India, the United States, and the United Kingdom, this paper investigates how courts assess expert toxicological testimony, the impact of advancements in pharmacological testing, and challenges in interpretation. The study highlights real-world case studies, examines the evolving role of forensic toxicologists, and advocates for standardized protocols, enhanced cross-disciplinary training, and stronger legal safeguards to ensure justice.

Keywords: Forensic Toxicology, Criminal Justice, Expert Testimony, Daubert Standard, Evidence Law, Pharmacology, Postmortem Analysis, Chain of Custody, Legal Standards

“ISSUES AND CHALLENGES IN THE PRACTICAL APPLICABILITY OF MEDICAL JURISPRUDENCE: A STUDY IN REFERENCE TO CRIMINAL JUSTICE ADMINISTRATION”

AUTHOR – ZOHEB AHMAD* & DR. ROSHNI SHRIVASTAVA**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ZOHEB AHMAD & DR. ROSHNI SHRIVASTAVA, “ISSUES AND CHALLENGES IN THE PRACTICAL APPLICABILITY OF MEDICAL JURISPRUDENCE: A STUDY IN REFERENCE TO CRIMINAL JUSTICE ADMINISTRATION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 841-848, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I478

Abstract

Medical jurisprudence plays a pivotal role in bridging the disciplines of law and medicine, particularly within the framework of criminal justice administration. It provides scientific and medical evidence essential for investigation, adjudication, and administration of justice. However, despite its importance, the practical applicability of medical jurisprudence in India faces numerous challenges, including lack of infrastructure, inadequate training, procedural delays, ethical dilemmas, and poor coordination between medical and legal professionals. This research paper critically examines these issues and highlights the systemic gaps that hinder the effective utilization of medical jurisprudence in criminal proceedings. The paper further suggests reforms aimed at strengthening medico-legal practices to ensure fair and efficient justice delivery.

Keywords: Medical Jurisprudence, Criminal Justice, Medico-Legal Evidence, Forensic Science, Legal Challenges

THE STATUTORY EVOLUTION OF DIGITAL EVIDENCE JURISPRUDENCE: AN ANALYSIS UNDER THE BHARTIYA SAKSHYA ADHINIYAM AND INFORMATION TECHNOLOGY ACT

AUTHOR – KRATIKA MISHRA* & PROF. (DR) TAPAN KUMAR CHANDOLA**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – KRATIKA MISHRA & PROF. (DR) TAPAN KUMAR CHANDOLA, THE STATUTORY EVOLUTION OF DIGITAL EVIDENCE JURISPRUDENCE: AN ANALYSIS UNDER THE BHARTIYA SAKSHYA ADHINIYAM AND INFORMATION TECHNOLOGY ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 829-840, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I477

ABSTRACT

This paper argues critically the position, its admissibility in the court, and practical issues relating to digital evidence in contemporary criminal justice administration of cybercrime. With the rapid digitalization of the society, electronic records have become the centre of attention of criminal investigations. The current project involves use of a doctrinal research methodology to examine the process of replacing old aspects of evidentiary rules with newly updated systems, in this case, India, Bharatiya Sakshya Adhiniyam (BSA) and Information Technology (IT) Act, 2000. It discusses the hard statutory prerequisites of authenticity and the chain of custody that cannot be negotiable in order to overcome the volatility of data as it is. Additionally, the paper has also found that administrative bottlenecks that create severe obstacles such as technical challenges, such as end-to-end encryption, and procedural failures, such as ineffective forensic infrastructure and occurrence of transnational jurisdiction issues are a significant impediment to advancing AI use in cybercrime. Analysing the landmark Supreme Court decisions, the study shows inescapable errors in judicial practise. Finally, the paper concludes that the substantive laws have been developed, but the practical implementation remains behind, suggesting that the creation of the cyber court system and more forensic preparation should be implemented as soon as possible to protect criminal justice in the era of modernity.

KEYWORDS: Bhartiya Sakshya Adhiniyam, Information Technology, Artificial Intelligence, Cybercrime.

NAVIGATING THE DIGITAL BORDER: A COMPARATIVE ANALYSIS OF CROSS-JURISDICTIONAL HURDLES IN INDIA’S TRANSNATIONAL CYBERCRIME INVESTIGATIONS

AUTHOR – MANVENDRA SINGH* & MANEESH ADESH SRIVASTAVA**

* 2^ND YEAR L.L.M. STUDENT AT RAMA UNIVERSITY, KANPUR

** ASSISTANT PROFESSOR, FACULTY OF JURIDICAL SCIENCES, RAMA UNIVERSITY, KANPUR.

BEST CITATION – MANVENDRA SINGH & MANEESH ADESH SRIVASTAVA, NAVIGATING THE DIGITAL BORDER: A COMPARATIVE ANALYSIS OF CROSS-JURISDICTIONAL HURDLES IN INDIA’S TRANSNATIONAL CYBERCRIME INVESTIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 817-828, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The digital technologies have been embraced exponentially, which has permanently transformed the environment of transnational crime, making the traditional Westphalian concept of territorial sovereignty more of a relic of the past. This research report is a comprehensive, doctrinal and comparative study of the cross-jurisdictional challenges bedeviling the law enforcement agencies in India when investigating and adjudicating transnational cybercrimes. This research helps to unravel the bewildering jurisdictional morass in contemporary digital investigations by critically analysing the very complicated interaction between the domestic legal systems of India, namely, the Information Technology Act, 2000, and the recent introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the procedural requirements of the latter. The approach is mixed, a mixture of doctrinal and comparative, contrasting the Indian legal stance on the issue with the world standards, including the Clarifying Lawful Overseas Use of Data (CLOUD) Act of the United States, the General Data Protection Regulation (GDPR) of the European Union, and the new United Nations Convention against Cybercrime of December 2024.

The results indicate that there is a clear epistemic tension between anarchic cyber criminality and territorially specific police. The existing cross-border digital evidence gathering methods, which are mainly Mutual Legal Assistance Treaties (MLATs), are structurally flawed and lack adequate bureaucratic momentum and legal inconsistency, including the notions of dual criminality and probable cause. The discussion shows that although the statutory framework in India is highly aggressive in asserting extraterritorial jurisdiction based on unilateral long-arm jurisdiction, the application of the law is still stalled by foreign blocking laws and complicated data localization requirements. In the end, the paper will conclude that the solution to such investigative bottlenecks is to ensure that India progresses to a stage of not relying on archaic MLAT, but rather negotiating bilateral executive agreements under the CLOUD Act and aligning its judicial oversight mechanisms with its Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as a proactive manner of directing the norm-setting path of the newly formed UN Cybercrime Convention to ensure the protection of both digital sovereignty and fundamental rights.

Keywords

Digital Sovereignty, Transnational Cybercrime, Extraterritorial Jurisdiction, Bharatiya Nyaya Sanhita, CLOUD Act.

“TRACING MEDIA LAW IN INDIA: FROM COLONIAL CENSORSHIP TO THE DIGITAL AGE THROUGH FILMS”

AUTHOR – NIKITA SHARMA, AMITY LAW SCHOOL, AMITY UNIVERSITY, MAHARASHTRA

BEST CITATION – NIKITA SHARMA, “TRACING MEDIA LAW IN INDIA: FROM COLONIAL CENSORSHIP TO THE DIGITAL AGE THROUGH FILMS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 807-816, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This review paper explains how media law in India developed through different historical periods using films. During Colonial rule, media was strictly controlled, and journalists were punished for speaking against the government. After independence, media got freedom under Articles 19(1)(a) and 19(2), but still faced pressure from politicians and powerful people. Because of this, media could not always report freely, and the public sometimes received biased or incomplete information. Journalism in India started with Hicky’s Bengal Gazette in 1780 by James Augustus Hicky. He was jailed for speaking against British officials, showing that media had fear from the beginning. From 1780 to 1939, media law in India was under strict British control. Laws like the Censorship Act 1799, Press Regulations 1823, Vernacular Press Act 1878, and Indian Press Act 1910 limited press freedom. Journalists were punished, and newspapers were controlled, making press freedom very risky before independence. The case of Queen Empress v. Bal Gangadhar Tilak was important, as it showed how sedition law was used to punish newspapers and stop people from speaking against the British. In the Pre-Independence Era, films like The Legend of Bhagat Singh, Gandhi, The Making of the Mahatma, and Ae Watan Mere Watan show how media was used secretly through pamphlets, newspapers, and radio to spread awareness In the Post-Independence Media Era (Pre-Emergency period) (1947–1974), shown in Reporter Raju, journalism focused on truth but faced pressure from authorities. In Brij Bhushan v. State of Delhi, the Supreme Court held that pre-censorship is unconstitutional. In Romesh Thappar v. State of Madras, it was decided that freedom of speech includes circulation of newspapers. Further, Sakal Papers v. Union of India held that the government cannot control newspaper price and pages. Similarly, Bennett Coleman v. Union of India struck down restrictions on newsprint. During the Emergency (1975–1977), press freedom was restricted. In ADM Jabalpur v. Shivkant Shukla, fundamental rights were suspended. This period is shown in films like Indu Sarkar and Emergency. In the Post-Emergency Era (1980–2000), media freedom improved. In R. Rajagopal v. State of Tamil Nadu, the Court protected privacy and publication of public records, shown in New Delhi Times. From 2000–2010 (Early Digital Era), films like Page 3 and No One Killed Jessica show media ethics and trial by media, supported by Siddhartha Vashisht v. State. From 2011–2019 (social media Era), films like Rann and Article 15 show fake news and social issues, while Shreya Singhal v. Union of India protected online speech. From 2020–2026 (OTT Era), films like Dhamaka and Scoop show modern journalism, and Madhyamam Broadcasting Ltd v. Union of India supported press freedom.Keywords:  Media Law in India, Press Freedom, Freedom of Speech, Censorship, Sedition Law, Article 19(1)(a), Article 19(2), Trial by Media, Media Ethics, Fake News, Digital Media, OTT era

LEGAL CONSEQUENCES OF GREENWASHING CLAIMS: ANALYSING SECURITIES FRAUD, MISREPRESENTATION, VIS-À-VIS ESG AUDITOR RESPONSIBILITY UNDER BRSR CORE FRAMEWORK

AUTHOR – SHIVENDRA NARAYAN, STUDENT AT HIDAYTULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – SHIVENDRA NARAYAN, LEGAL CONSEQUENCES OF GREENWASHING CLAIMS: ANALYSING SECURITIES FRAUD, MISREPRESENTATION, VIS-À-VIS ESG AUDITOR RESPONSIBILITY UNDER BRSR CORE FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

With environmental, social, and governance (ESG) metrics at the forefront of investment decisions, greenwashing which refers to dissemination of false environmental information, has evolved from a concern in marketing ethics to a legitimate concern in corporate law. The proliferation of ESG disclosures in capital markets has engendered a significant rise in greenwashing claims. In this study, the author examines the legal consequences of greenwashing through the intersecting lenses of securities fraud, civil misrepresentation, and auditor liability, with particular emphasis on India’s Business Responsibility and Sustainability Reporting (BRSR) Core framework mandated by the Securities and Exchange Board of India (SEBI). The study further analyses the mandatory assurance requirements to assess how ESG auditors are increasingly at risk. The author found that SEBI’s “strict comply or explain” policy in its BRSR Core effectively creates a “statutory bridge” to transform voluntary sustainability statements into concrete financial statements.

Keywords: Greenwashing, ESG, BRSR Core, Securities Fraud, Unfair Trade Practices, Assurance Standards, SEBI.

STRATEGIC SYNERGY OF MARKET-BASED ENVIRONMENTAL MECHANISMS: ANALYZING THE STRATEGIC INTEGRATION OF ENVIRONMENTAL LEADERSHIP INDICATORS INTO INDIA’S BRSR FRAMEWORK

AUTHOR – AYUJ SINGHAL, STUDENT AT HIDAYTULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – AYUJ SINGHAL, STRATEGIC SYNERGY OF MARKET-BASED ENVIRONMENTAL MECHANISMS: ANALYZING THE STRATEGIC INTEGRATION OF ENVIRONMENTAL LEADERSHIP INDICATORS INTO INDIA’S BRSR FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 786-794, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The research report examines how the environment leadership indicators of participation in the Green Credit Program (GCP) and Carbon Credit Trading Scheme (CCTS) are structurally integrated in BRSR in India. Traditionally, corporate sustainability has been a narrative concept but with BRSR requirement of the top 1,000 listed companies, a shift to standardized and outcome-focused disclosures has begun. This paper examines the ways in which the voluntary BRSR Leadership Indicators have turned into strategic hotspots of companies that want to show excellent ESG (Environmental, Social, and Governance) performance. Based on the 2025 changes in the Green Credit Rules methodology, the analysis displays a fundamental transformation in the form of simple plantation targets to the strict, five-year survival and canopy-density indicators. At the same time, the report investigates how the Indian Carbon Market (ICM) as an intensity-based compliance regime is operationalized, in contrast to the more ecological goals of the GCP and its focus on the gate-to-gate approach. By providing case studies of such industrial leaders as Tata Steel and Adani Green Energy, the study proves that the tactical implementation of these indicators helps to get to green financing and take risks related to international carbon tax, such as the Carbon Border Adjustment Mechanism (CBAM) of the EU. These results imply that even though the multi-tiered reporting structure in India, including BRSR Core and third-party assessment, help to eliminate greenwashing, still, the lack of standardization of the data and the involvement of marginalized stakeholders are the significant obstacles to a complete transition to an environmentally friendly state.

“AN ANALYSIS OF THE LEGAL TREATMENT OF SEXUAL OFFENCES AGAINST WOMEN UNDER THE BHARTIYA NYAYA SANHITA, 2023: CONTINUITIES AND REFORMS”

AUTHOR – MR. ATISHREY MISHRA, AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – MR. ATISHREY MISHRA, “AN ANALYSIS OF THE LEGAL TREATMENT OF SEXUAL OFFENCES AGAINST WOMEN UNDER THE BHARTIYA NYAYA SANHITA, 2023: CONTINUITIES AND REFORMS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 740-785, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract: The IPC Legacy and the Decolonial Imperative

This dissertation provides an exhaustive doctrinal, procedural, and constitutional interrogation of the Bhartiya Nyaya Sanhita (BNS), 2023, within the context of India’s evolving criminal justice landscape. As the nation transitions away from the 163-year-old Indian Penal Code (IPC), 1860, this research evaluates whether the new Sanhita succeeds in its “decolonial” mission or merely provides a modern structural shell for colonial-era patriarchal logic. In an era where “Modern India” is increasingly rooted in a “women-centric” legislative philosophy, this study deconstructs the friction between the BNS’s structural prioritization of gender-based violence and its substantive linguistic continuities.

The research begins by tracing the Historical Evolution of Colonial Penal Logic, specifically the Victorian construct of “Modesty” utilized by Lord Macaulay to police female sexuality. By analyzing the jurisprudential shift from the Mathura Rape Case (1979) to modern milestones such as Independent Thought (2017) and Aparna Bhat (2021), the study demonstrates how the Indian judiciary—rather than the legislature—has been the primary driver of the transition from “honor-based” laws to a jurisprudence of “Bodily Autonomy and Dignity.”

A central pillar of this study is the Statutory Analysis of the BNS. The research acknowledges the significant Structural Reorganization achieved by the legislature in elevating “Offences Against Women and Children” to Chapter V. However, a granular, section-by-section comparative mapping reveals that core provisions, such as the definition of Rape (Section 63) and Outraging Modesty (Section 74), remain verbatim transpositions of the IPC. The most critical “void” identified is the Retention of the Marital Rape Exception, which this research characterizes as the ultimate colonial anchor, preserving the archaic “Hale Doctrine” of irrevocable matrimonial consent in direct contradiction to Article 21 of the Constitution.

The dissertation further explores the Deconstruction of Consent through the lens of the newly introduced Section 69 of the BNS. This provision, which criminalizes “Sexual Intercourse by Deceitful Means” (including false promises of marriage and suppression of identity), is analyzed as a landmark attempt to provide a “third way” between the binary of rape and total acquittal. However, the study subjects this section to intense constitutional scrutiny under Article 14, highlighting the “Gender-Binary Voids” that exclude male, transgender, and non-binary victims, thereby failing the test of “Equal Protection of the Laws.”

The procedural dimensions are addressed through the Synergy of the BNS, BNSS, and BSA. The research evaluates the “victim-centric” reforms of the Bhartiya Nagarik Suraksha Sanhita (BNSS), such as mandatory audio-video recording of statements and forensic scene visits. It integrates these with the Bharatiya Sakshya Adhiniyam (BSA), which elevates digital and electronic evidence to the status of Primary Evidence. While these are technologically progressive, the study identifies a “Crisis of Implementation” due to India’s massive forensic backlogs and the “Digital Divide,” which risks creating a hierarchy of justice based on technological access.

In its final synthesis, the dissertation argues that the BNS represents “Retrofitted Colonialism.” It concludes that for India to achieve a truly “decolonized” and “women-centric” code, the legislature must move beyond cosmetic restructuring. The research offers a “Sacred Blueprint” of Policy and Legislative Recommendations, including the absolute abolition of the marital rape exception, the adoption of an Affirmative Consent Standard, and the implementation of Victim Impact Statements (VIS) to pivot the system from pure retribution toward holistic Restorative Justice. Ultimately, this work asserts that true decolonization lies not in the Sanskritization of titles, but in the uncompromising recognition of every individual as the absolute sovereign of their own body.

“A STUDY ON THE INTERPLAY BETWEEN POCSO AND ITPA IN CASES OF MINOR SEX TRAFFICKING”

AUTHOR – AMAN DUBE, STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – AMAN DUBE, “A STUDY ON THE INTERPLAY BETWEEN POCSO AND ITPA IN CASES OF MINOR SEX TRAFFICKING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 732-739, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I471

ABSTRACT

The trafficking of minors for the purpose of sexual exploitation constitutes one of the most serious violations of human rights in India, reflecting systemic socio-economic vulnerabilities and institutional failures.^[1] The primary legal framework addressing such offences is governed by the Protection of Children from Sexual Offences Act 2012 (POCSO) and the Immoral Traffic (Prevention) Act 1956 (ITPA), both of which operate with distinct yet overlapping objectives.^[2] While POCSO adopts a child-centric approach by criminalising all forms of sexual activity involving minors irrespective of consent, ITPA primarily targets the commercial dimensions of trafficking and prostitution.^[3]

The simultaneous application of these statutes in cases involving minor sex trafficking gives rise to complex doctrinal and procedural issues, particularly concerning victim identification, evidentiary standards, and prosecutorial strategy.^[4] Judicial developments have attempted to reconcile these conflicts by emphasising a victim-centric interpretation; however, inconsistencies persist in enforcement. This paper critically examines the interplay between these legislations, focusing on statutory interpretation, judicial trends, and implementation challenges. It argues that the absence of harmonisation undermines the effectiveness of both statutes and advocates for a structured legal approach that prioritises child protection while strengthening action against trafficking networks.^[5]

KEYWORDS: Child Trafficking, Protection of Children from Sexual Offences Act (POCSO), Immoral Traffic (Prevention) Act (ITPA), Victim-Centric Approach, Legal Harmonisation.

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[1] Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)) art 4.

[2] Protection of Children from Sexual Offences Act 2012; Immoral Traffic (Prevention) Act 1956.

[3] Protection of Children from Sexual Offences Act 2012, ss 3–5. 

[4] Siddharth Kara, Sex Trafficking: Inside the Business of Modern Slavery (Columbia University Press 2009) 45.

[5] Sharmila Lodhia, ‘Trafficking and Legal Response in India’ (2018) 12 NUJS Law Review 45, 52.

CRITICAL INFRASTRUCTURE PROTECTION AND CYBER LAW: A DEFENCE-ORIENTED COMPARATIVE ANALYSIS OF INDIA AND JAPAN

AUTHOR – ADV. VANSHIKA SAINI* & DR. JYOTI YADAV**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ADV. VANSHIKA SAINI & DR. JYOTI YADAV, CRITICAL INFRASTRUCTURE PROTECTION AND CYBER LAW: A DEFENCE-ORIENTED COMPARATIVE ANALYSIS OF INDIA AND JAPAN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 718-730, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I470

ABSTRACT

The Research paper takes a critical comparative analysis of cyber law framework which involve the protection of critical infrastructure of two technologically advanced democracies: India and Japan. At the time when state sponsored cyberattacks emerged the national threats to national security, the need of critical infrastructure protection has assumed paramount significance. India’s framework for the cyber related crimes which is Information Technology Act, 2000 merely deals with commercial transactions rather than national security imperatives. In contrast, Japan has developed a defence oriented cybersecurity ecosystem deals under Basic Act on Cybersecurity, 2014 and supported by robust institutional coordination mechanisms.

This paper involve a doctrinal and comparative legal methodology, this involves primary sources including legislative texts, judicial decisions, and policy documents, with companion by secondary sources like International regulatory bodies. The main research problem is whether India’s Cyber law framework is adequate to protect contemporary defence threats. The hypothesis advances is that India’s current Cyber law frameworks suffers enforcement gaps, definitional vagueness, and failure in institutional coordination that represent it insufficient when standardised against  Japan’s More integrated and defence oriented Cyber security model.

The core insights indicate that India lacks critical infrastructure protection statute for the dimension of defence security of cyberspace with requisite clarity. Whereas, Japan’s framework is more dedicated legislation, and proactive threat sharing mechanisms. The Paper concludes with recommendations for legislative reforms, restructuring of framework and cyber related policy innovations to enable India to strengthen up cyber law infrastructure with respect to the national security and digital ambitions.

Keywords: Cyber Law, Critical Infrastructure Protection, National Security, India, Japan, Information Technology Act 2000, NCIIPC, Basic Act on Cybersecurity, Comparative law, Defence Infrastructure.