THE “RECOURSE” RESTRICTION IN THE MODERN ERA: EVALUATING THE RIGHT OF PRIVATE DEFENCE AGAINST UNLAWFUL ARRESTS AND SYSTEMIC FAILURES

AUTHOR – RAJNISH GUPTA* & DR. MUDRA SINGH **

* 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 – RAJNISH GUPTA & DR. MUDRA SINGH, THE “RECOURSE” RESTRICTION IN THE MODERN ERA: EVALUATING THE RIGHT OF PRIVATE DEFENCE AGAINST UNLAWFUL ARRESTS AND SYSTEMIC FAILURES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 245-256, APIS – 3920 – 0001 & ISSN – 2583-2344. https://doi.org/10.65393/IJLRV6I428

ABSTRACT

This paper provides an exhaustive doctrinal and socio-legal analysis of the right of private defence in India, examining the transition of its foundational statutory framework from Section 99 of the Indian Penal Code, 1860 (IPC) to Section 37 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It critically explores the tripartite statutory restrictions governing this right: the conditional immunity of public servants acting in good faith, the necessity of recourse to public authorities, and the doctrine of proportionality. Through an analysis of landmark judicial pronouncements spanning over a century and culminating in judgments from 2024 and 2025, the study highlights the judiciary’s evolution in rejecting a mathematical “golden scale” approach to proportionality, instead favoring a realistic assessment of the accused’s instinct for self-preservation during an imminent threat.

Furthermore, the paper investigates the essential preconditions that trigger the right namely, reasonable apprehension and imminence while emphasizing the strict jurisprudential boundary that separates lawful private defence from unlawful retaliation. Moving beyond the “black letter law,” the research presents a profound socio-legal critique, arguing that the supposedly neutral standard of “objective reasonableness” often fails marginalized communities. It reveals how systemic biases weaponize these statutory limitations against Dalits resisting caste atrocities and women suffering from Battered Woman Syndrome (BWS), while simultaneously highlighting the misuse of the defense in staged police encounters. Ultimately, the paper advocates for integrating the sociological realities of caste and gender into the judicial adjudication of self-defense to ensure the right protects the vulnerable without distinction.

Keywords: Right of Private Defence Bharatiya Nyaya Sanhita (BNS) Proportionality Reasonable Apprehension Socio-Legal Critique

BURDEN OF INNOCENCE UNDER PMLA: A CONSTITUTIONAL CRITIQUE

AUTHOR – AVAYAW KUMAR* & DR KUNVAR DUSHYANT SINGH**

* 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 – AVAYAW KUMAR & DR KUNVAR DUSHYANT SINGH, BURDEN OF INNOCENCE UNDER PMLA: A CONSTITUTIONAL CRITIQUE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 231-244, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I427

ABSTRACT

The presumption of innocence constitutes the philosophical and jurisprudential bedrock of classical criminal law, serving as a critical safeguard against the arbitrary deprivation of personal liberty by the State. However, the escalating complexity of transnational financial crimes has catalysed a global paradigm shift, prompting legislatures to enact stringent socio-economic statutes that fundamentally derogate from these classical procedural guarantees. In India, the Prevention of Money Laundering Act, 2002 (PMLA) functions as the primary legislative bulwark against the integration of illicit wealth into the formal economy. Central to the enforcement mechanisms of this regulatory framework are Section 24, which imposes a reverse burden of proof upon the accused, and Section 45, which establishes draconian twin conditions for the grant of pre-trial bail. This comprehensive research report delivers an exhaustive constitutional critique of these provisions, rigorously analysing their friction with the fundamental rights guaranteed under Articles 14, 20(3), and 21 of the Constitution of India.

Through a detailed doctrinal analysis of landmark Supreme Court jurisprudence tracing the pendulum swing from the rights-protective approach in Nikesh Tarachand Shah v. Union of India to the state-centric validation in Vijay Madanlal Choudhary v. Union of India the study examines how the Indian judiciary attempts to balance compelling state interests with inviolable human rights. The paper further explores the evolving “doctrine of foundational facts” established in recent rulings such as Prem Prakash and Pavana Dibbur, which mandates that the prosecution must prove a baseline nexus between the proceeds of crime and the scheduled offence before triggering the reverse onus. By engaging in a robust comparative legal analysis with international frameworks, particularly the United Kingdom’s Unexplained Wealth Orders (UWOs) and the Financial Action Task Force (FATF) standards, the research contextualizes India’s unique amalgamation of civil forfeiture standards within a criminal prosecution matrix. Ultimately, the paper posits that while combatting financial crime is an urgent macroeconomic imperative, the systemic erosion of the presumption of innocence transforms the investigative process into a form of pre-trial punishment, thereby necessitating urgent legislative reforms and procedural safeguards to prevent the arbitrary extinguishment of personal liberty.

Keywords: Prevention of Money Laundering Act, Reverse Burden of Proof, Article 21, Presumption of Innocence, Bail Jurisprudence

THE ROLE OF INTERNATIONAL CRIMINAL LAW IN VIOLATIONS OF THE ENVIRONMENT DURING ARMED CONFLICT

AUTHOR – SHILPI KUMARI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY PATNA

BEST CITATION – SHILPI KUMARI, THE ROLE OF INTERNATIONAL CRIMINAL LAW IN VIOLATIONS OF THE ENVIRONMENT DURING ARMED CONFLICT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 225-230, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Environmental destruction during armed conflict has become an increasingly significant concern in contemporary international law, given its long-term ecological, economic, and humanitarian consequences. Armed conflicts often result in severe environmental degradation, including deforestation, pollution, destruction of ecosystems, and depletion of natural resources. International Criminal Law (ICL), as a mechanism of accountability, plays a crucial role in regulating such conduct and punishing perpetrators responsible for environmental harm. This article examines the legal framework governing environmental protection during armed conflict, with particular emphasis on the role of ICL and its interaction with International Humanitarian Law (IHL). It analyzes the evolution of legal norms, the provisions under the Rome Statute of the International Criminal Court (ICC), and relevant principles such as proportionality, distinction, and military necessity. The paper also explores challenges in enforcement, including high thresholds for liability, evidentiary difficulties, and political constraints. Furthermore, it discusses the emerging concept of ecocide as a potential independent international crime. The article concludes that while ICL has made notable progress, significant gaps remain, necessitating reforms to ensure effective accountability and sustainable environmental protection in times of armed conflict.

Keywords: International Criminal Law, Armed Conflict, Environmental Protection, War Crimes, Ecocide, International Humanitarian Law, International Criminal Court, Environmental Damage

AN ANALYSIS OF LEGAL ACCESS, SOCIAL JUSTICE, AND ECONOMIC EMPOWERMENT IN TRANSGENDER RIGHTS IN INDIA

AUTHOR – MEGHA ROUTH, STUDENT AT AMITY UNIVERSITY UTTARPRADESH NOIDA

BEST CITATION – MEGHA ROUTH, AN ANALYSIS OF LEGAL ACCESS, SOCIAL JUSTICE, AND ECONOMIC EMPOWERMENT IN TRANSGENDER RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 219-224, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The recognition of transgender rights in India marks a significant transformation in constitutional jurisprudence and human rights discourse. Historically marginalized and socially excluded, transgender persons have faced systemic discrimination in legal recognition, access to justice, and economic opportunities. The landmark judgment in National Legal Services Authority v. Union of India (2014) laid the foundation for recognizing transgender persons as the “third gender” and affirmed their fundamental rights. Subsequently, the enactment of the Transgender Persons (Protection of Rights) Act, 2019 aimed to institutionalize these rights. However, challenges persist in translating legal recognition into substantive equality. This research article critically examines the dimensions of legal access, social justice, and economic empowerment of transgender persons in India, highlighting gaps in implementation and suggesting reforms for a more inclusive legal framework.

Keywords: Transgender Rights in India,Constitutional Jurisprudence,Legal Recognition of Third Gender,Access to Justice,Social Justice,Economic Empowerment,Anti-Discrimination Law,Transgender Persons (Protection of Rights) Act, 2019

EXPLORING LAWS GOVERNING E-COMMERCE AND FRAUD: A CRITICAL LEGAL AND EMPIRICAL STUDY

AUTHOR – SATYARTH KAPOOR* & DR. ARVIND KUMAR SINGH**

* 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 – SATYARTH KAPOOR & DR. ARVIND KUMAR SINGH, EXPLORING LAWS GOVERNING E-COMMERCE AND FRAUD: A CRITICAL LEGAL AND EMPIRICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 205-218, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid expansion of e-commerce has transformed the way commerce is conducted in both global and Indian markets, redefining consumer behaviour and business operations through speed, convenience, and accessibility. Digital platforms have enabled seamless transactions across geographical boundaries, making online commerce an integral part of everyday life. However, this digital evolution has also given rise to a parallel increase in online fraud, cybercrime, and sophisticated forms of digital exploitation. As reliance on e-commerce continues to grow, so do concerns relating to consumer protection, data privacy, and the adequacy of existing regulatory frameworks.

This research paper undertakes a comprehensive and critical examination of the legal regime governing e-commerce and fraud in India. It analyses key legislative instruments, including the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the Consumer Protection (E-Commerce) Rules, 2020, to assess their scope, effectiveness, and limitations in addressing contemporary digital challenges. The study also evaluates judicial responses through an analysis of landmark as well as recent case laws, highlighting the evolving role of the judiciary in shaping digital jurisprudence.

In addition to doctrinal analysis, the research incorporates empirical insights derived from primary data collected through a structured survey. This data provides a ground-level understanding of consumer experiences, awareness levels, and responses to instances of e-commerce fraud. The findings indicate a noticeable disconnect between the availability of legal remedies and their practical accessibility, largely due to limited awareness, procedural complexities, and evolving fraud mechanisms.

The paper argues that while India has developed a relatively robust legal framework to regulate e-commerce, the dynamic and rapidly changing nature of digital fraud demands continuous legal innovation, stronger enforcement mechanisms, and proactive consumer education. It concludes by emphasizing the need for a balanced approach that not only facilitates digital growth but also ensures accountability, security, and trust within the e-commerce ecosystem.

KEY WORDS: E-commerce, Online Fraud, Cybercrime, Consumer Protection, Information Technology Act, Digital Transactions, E-Commerce Regulations, Data Protection, Cyber Law, Phishing, Payment Fraud, Legal Framework, India, Digital Economy, Consumer Awareness.

MARITAL RAPE: LEGAL AND SOCIETAL PERSPECTIVES IN INDIA

AUTHOR – PRADNYA DEORE, LAW STUDENT AT, KES SHRI JAYANTILAL H. PATEL LAW COLLEGE, KANDIVALI, MAHARASHTRA, INDIA

BEST CITATION – PRADNYA DEORE, MARITAL RAPE: LEGAL AND SOCIETAL PERSPECTIVES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 199-204, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape, the non-consensual sexual intercourse within marriage, is not recognized as a criminal offense in India due to Exception 2 of Section 375 IPC^[1], which exempts husbands from prosecution. This exemption has legal and societal implications, as highlighted in this research paper. While the Protection of Women from Domestic Violence Act of 2005^[2], offers civil remedies for victims, the Independent Thought v. Union of India ^[3](2017) judgment increased the minimum marital age for consent to 18. Despite advancements like the Criminal Law (Amendment) Act, 2013 (Nirbhaya Act)^[4], the absence of criminalizing marital rape persists. Data from the National Family Health Survey (NFHS) reveals the prevalence of intimate partner violence, including sexual coercion within marriage. This paper emphasizes the need for legal reform to criminalize marital rape by removing Exception 2, thus safeguarding women’s fundamental rights to dignity and bodily autonomy.

Keywords: Marital Rape, Protection of Women from Domestic Violence Act, Nirbhaya Act, Independent Thought v. Union of India

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[1]  Indian Penal Code, 1860, § 375 (India)

[2]  Protection of Women from Domestic Violence Act, No. 43 of 2005, India Code (2005)

[3]  Independent Thought v. Union of India & Anr. (2017) 10 SCC 800

[4]  Criminal Law (Amendment) Act, No. 13 of 2013, India Code (2013)

RELATIONSHIP BETWEEN CRIMINOLOGY, CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION

AUTHOR – AKHIL JOHNY, STUDENT AT GOVERNMENT LAW COLLEGE ERNAKULAM

BEST CITATION – AKHIL JOHNY, RELATIONSHIP BETWEEN CRIMINOLOGY, CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 196-198, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Criminology is a systematic and scientific study of crime, criminal behaviour, and the societal response to crime. It seeks to understand not only the legal definition of crime but also the social, psychological, economic, and political factors that contribute to criminal conduct. Unlike criminal law, which is primarily concerned with defining offences and prescribing punishments, criminology adopts an interdisciplinary approach to examine why crimes occur, who commits them, how crimes affect society, and how societies can effectively prevent and control criminal behaviour. As a discipline, criminology bridges the gap between law and social sciences by integrating insights from sociology, psychology, economics, anthropology, and political science to provide a comprehensive understanding of crime and criminal justice systems.

Key words: Criminology, justice administration, criminal law

THE EPISTEMOLOGICAL CRISIS OF DIGITAL EVIDENCE: NAVIGATING INDIA’S TRANSITION TO THE BSA AND BNSS

AUTHOR – SHOBHITA SINGH* & DR. SHAIWALINI SINGH**

* 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 – SHOBHITA SINGH & DR. SHAIWALINI SINGH, THE EPISTEMOLOGICAL CRISIS OF DIGITAL EVIDENCE: NAVIGATING INDIA’S TRANSITION TO THE BSA AND BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 184-195, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The enactment of India’s new criminal justice framework comprising the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) marks a paradigm shift in the legal validity and operational integration of digital evidence. However, this transition introduces a fundamental epistemological crisis, where the formalistic admissibility mandates of the BSA, such as the rigid dual certification requirement under Section 63, collide with severe infrastructural deficits, undertrained first responders, and a critical lack of accredited digital forensic experts.

Through a comparative analysis with mature adversarial jurisdictions like the United States and the United Kingdom, this research highlights India’s lack of rigorous scientific gatekeeping (akin to the U.S. Daubert standard) and warns against the dangers of legally presuming computer reliability. Furthermore, the study explores a “Privacy Paradox” exacerbated by the broad state exemptions under Section 17 of the Digital Personal Data Protection (DPDP) Act. Unlike Western constitutional protections, this framework lacks a statutory “right to deletion” for non-responsive seized data, threatening to establish an unchecked surveillance architecture.

To bridge the gap between statutory intent and forensic reality, this paper advocates for the adoption of international protocols (ISO/IEC 27037 and NIST SP 800-86) alongside “trustless” technological architectures. Specifically, it proposes a Hybrid Blockchain-IPFS model to maintain a scalable, privacy-preserving, and immutable chain of custody for digital evidence. Ultimately, the research recommends strategic reforms including judicial gatekeeping for forensic tools, national expert accreditation, and a statutory mandate for data deletion to ensure that India’s digital-first justice system remains rigorous, transparent, and respectful of constitutional privacy rights.

Key words: Digital Evidence, Bharatiya Sakshya Adhiniyam (BSA), Scientific Gatekeeping Privacy Paradox, Chain of Custody

BRIDGING THE PROXY LIABILITY GAP: THE SHIFT FROM IPC ABETMENT TO SECTION 95 OF THE BHARATIYA NYAYA SANHITA (BNS)

AUTHOR – KARAN GUPTA* & DR. MUDRA SINGH**

* 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 – KARAN GUPTA & DR. MUDRA SINGH, BRIDGING THE PROXY LIABILITY GAP: THE SHIFT FROM IPC ABETMENT TO SECTION 95 OF THE BHARATIYA NYAYA SANHITA (BNS) INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 176-183, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I420

ABSTRACT

This research paper critically examines the criminal liability of children within the Indian legal framework, tracking the evolution of statutory provisions from the Indian Penal Code (IPC), 1860, to the Bharatiya Nyaya Sanhita (BNS), 2023. It analyses the interpretative tension between the strict plain meaning of chronological age thresholds and the purposive construction championed by child rights jurisprudence. By evaluating the doctrine of doli incapax (IPC Sections 82 and 83) and the defence of triviality (IPC Section 95), the study highlights how modern socio-legal challenges such as organized proxy crimes—have exposed deep fissures in these colonial-era statutes. Through an analysis of landmark judicial rulings, the paper demonstrates the historical evidentiary failures in holding adult “handlers” accountable under traditional abetment laws, underscoring the significance of the new BNS Section 95 that explicitly criminalizes the hiring and engaging of children for offences. Furthermore, the research investigates the jurisprudential conflict between special legislations, particularly the paradox where the Juvenile Justice (JJ) Act permits trying 16-to-18-year-olds as adults for heinous crimes, while the Protection of Children from Sexual Offences (POCSO) Act simultaneously strips them of agency regarding sexual consent. The paper concludes that the Indian legal system must reconcile this dichotomy to adequately address the evolving capacities and autonomy of adolescents.

Keywords: Doli incapax, Bharatiya Nyaya Sanhita (BNS), Proxy liability, Juvenile Justice Act, POCSO Act.

PLEA BARGAINING IN INDIA: A CRITICAL APPRAISAL

AUTHOR – ISSAC BIFY PULLUKATTU* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – ISSAC BIFY PULLUKATTU & DR. ARVIND KUMAR SINGH, PLEA BARGAINING IN INDIA: A CRITICAL APPRAISAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 162-175, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Plea bargaining was introduced into the Indian criminal justice system through Chapter XXI-A of the Code of Criminal Procedure, 1973 (CrPC) by the Criminal Law (Amendment) Act, 2005, and has now been re-enacted with minor modifications under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It represents one of the most significant procedural innovations in post-independence Indian jurisprudence. The mechanism allows an accused person, charged with an offence not punishable by death, life imprisonment, or more than seven years’ imprisonment, to enter into a mutually satisfactory disposition with the prosecution and the victim, resulting in a reduced sentence imposed by the court. Despite being formally available for nearly two decades, empirical data reveal a strikingly low rate of use, prompting serious questions about its design, accessibility, and the structural conditions of Indian criminal justice. This paper undertakes a comprehensive examination of the statutory framework of plea bargaining in India—beginning from its historical genesis, tracking its legislative contours under the CrPC and the BNSS, and then subjecting it to critical analysis from the vantage points of procedural fairness, victim rights, systemic efficiency, and constitutional validity. Drawing upon Law Commission Reports, National Crime Records Bureau statistics, comparative jurisprudence from the United States and other jurisdictions, and scholarly commentary, the paper identifies the key promises and pitfalls of plea bargaining in India and concludes with a set of reform recommendations aimed at transforming this largely dormant provision into a genuinely functional instrument of restorative and expeditious justice.