COMMERCIAL CONTRACTS TRANSACTION FORMATION, PERFORMANCE AND CHALLENGES

AUTHOR – ISHITA AGARWAL* & MR.ANUJ KUMAR SHARMA**

* STUDENT AT AMITY UNIVERSITY

** PROFESSOR AT AMITY UNIVERSITY

BEST CITATION – ISHITA AGARWAL & MR.ANUJ KUMAR SHARMA, COMMERCIAL CONTRACTS TRANSACTION FORMATION, PERFORMANCE AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 992-1008, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Commercial contracts constitute the legal infrastructure through which market activity is organized, risk is distributed, and enforceable expectations are stabilized. While the foundational requirements of contract formation offer, acceptance, consideration, intention to create legal relations, capacity, and free consent remain doctrinally settled, contemporary commercial practice has significantly transformed the context in which these principles operate. The expansion of digital commerce, the prevalence of standardized documentation, the globalization of trade, and the increasing sophistication of risk allocation mechanisms have reshaped both transactional design and judicial interpretation.

This paper undertakes a doctrinal and analytical examination of commercial contract formation under the Indian Contract Act, 1872, situating it within comparative common law developments and relevant international instruments, particularly the United Nations Convention on Contracts for the International Sale of Goods (CISG). It evaluates whether classical formation doctrines retain conceptual adequacy in the face of technological innovation, complex commercial structuring, and asymmetrical bargaining dynamics. Particular attention is devoted to electronic contracting, standard form agreements, representations and warranties, limitation of liability clauses, and arbitration frameworks as mechanisms that extend and operationalize foundational principles.

Methodologically, the study adopts a doctrinal approach supplemented by comparative and contextual analysis of judicial decisions and statutory interpretation. It argues that while the structural core of contract formation remains intact, its application increasingly reflects pragmatic, relational, and efficiency-oriented considerations. Courts demonstrate a pronounced commitment to commercial certainty, yet simultaneously intervene where consent is vitiated or fairness is materially compromised the paper concludes that commercial contract law should not be understood as a static aggregation of formal requirements, but as an adaptive regulatory architecture that sustains economic development. Its continued legitimacy depends upon its capacity to preserve predictability while responding to digital transformation, transnational harmonization, and evolving standards of substantive fairness. In this dynamic interplay between certainty and flexibility lies the enduring relevance of commercial contract doctrine in India and beyond.

Keywords                                                                                                                                        

Commercial Contracts; Contract Formation; Indian Contract Act 1872; Offer and Acceptance; Consideration; Free Consent; Electronic Contracts; Standard Form Agreements; Risk Allocation; Arbitration Clauses; Comparative Contract Law; International Commercial Transactions; Digital Commerce; Contractual Fairness; Legal Certainty.

CORPORATE CRIMINAL LIABILITY IN INDIA: EVALUATING THE LEGISLATIVE ARCHITECTURE

AUTHOR – ASHMEET SINGH* & DR. GIRIJA NAND**

* STUDENT OF LL.M, SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR

** ASSISTANT PROFESSOR IN LAW, SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR

BEST CITATION – ASHMEET SINGH & DR. GIRIJA NAND, CORPORATE CRIMINAL LIABILITY IN INDIA: EVALUATING THE LEGISLATIVE ARCHITECTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 981-991, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Corporate criminal liability has grown in importance in modern legal systems, especially given businesses’ substantial influence over economic activity and social institutions. In India, the emergence of corporate criminal liability reflects a growing realization that businesses, despite their artificial legal status, must be held liable for illegal activities committed while conducting business. Corporate criminal liability is the legal responsibility imposed on corporations for offenses committed by its employees, agents, or representatives while working on behalf of the business. Ideally, such liability should operate as a deterrent, encouraging responsible corporate behaviour rather than merely serving as a form of punishment.

This study critically explores and evaluates India’s legislative framework controlling corporate criminal responsibility, including its scope, efficacy, and limitations. It analyses important statutory provisions under the Companies Act, 2013, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, and the Bharatiya Nyaya Sanhita, 2023, which together form the legal foundation of corporate accountability in the country. Apart from legislative provisions, the judiciary has also played an important role in expanding the scope of corporate criminal liability. Courts have clarified in many historic decisions that corporations can be prosecuted even for offenses requiring the existence of mens rea, enhancing corporate accountability procedures.

Despite these developments, certain challenges continue to affect the effectiveness of the existing framework. Difficulties in attributing criminal intent to corporations, inconsistencies in the imposition of penalties, and practical challenges in enforcing sanctions against large corporate entities remain significant concerns. By analysing the interaction between statutory provisions and judicial developments, this paper discusses the strengths and drawbacks of India’s  legislative framework in determining the criminal liability of corporations, emphasizing the importance of clearer legal rules, uniform sanctions, and greater compliance procedures to improve corporate accountability.

KEYWORDS

Corporate Criminal Liability, Mens Rea, Economic Offences, Vicarious liability, Regulatory Enforcement

CYBERSECURITY AS DUE DILIGENCE IN REDEFINING THE FULL PROTECTION AND SECURITY STANDARD

AUTHORS – SHUBHAM SHARMA & DEEKSHA RAMPAL

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – SHUBHAM SHARMA & DEEKSHA RAMPAL, CYBERSECURITY AS DUE DILIGENCE IN REDEFINING THE FULL PROTECTION AND SECURITY STANDARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 968-980, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

International investment law is changing as investments increasingly rely on digital systems, data, and technology rather than physical assets. This shift creates new risks, especially from cyber threats such as data breaches and hacking, which are not fully addressed under the traditional understanding of the Full Protection and Security (FPS) standard. FPS has mainly been seen as a duty to protect investments from physical harm, but this approach is no longer sufficient in the digital age. This paper argues that cybersecurity should be treated as an essential part of the State’s duty of due diligence under the FPS standard. While arbitral tribunals have started to recognise that FPS applies to intangible and digital investments, they have not clearly defined what States are actually required to do in cases involving cyber risks. This lack of clarity has led to inconsistent decisions and uncertainty. To solve this problem, the paper proposes a structured, risk-based framework for cybersecurity due diligence. It suggests that States should follow basic cybersecurity measures, take stronger steps for high-risk sectors, and respond effectively to cyber incidents. The paper also emphasises the need to consider technical standards and the capacity of different States.

STUDY OF MEDICAL NEGLIGENCE: SPECIAL REFERRENCE ON CRIMINAL LIABILITY

AUTHOR – JYOTIKA BORUAH, STUDENT AT AMITY UNIVERSITY UTTAR PRADESH NOIDA

BEST CITATION – JYOTIKA BORUAH, STUDY OF MEDICAL NEGLIGENCE: SPECIAL REFERRENCE ON CRIMINAL LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 962-967, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In India, medical negligence is a major threat to the protection of patient rights, especially for those from lower socioeconomic groups who rely heavily on public healthcare facilities. Government hospitals frequently deal with fundamental issues such poor infrastructure, a lack of trained medical personnel, and a high patient volume. These circumstances may make medical mistakes and careless treatment more likely, putting vulnerable patients at higher risk. The current legal structure in India that addresses criminal culpability for medical negligence is still disjoined and mostly relies on general criminal law provisions rather than a specific legislative process, notwithstanding the gravity of such instances. This article examines the issue of criminal liability for medical negligence from the perspective of patient rights, with a focus on the difficulties that economically disadvantaged groups that depend on public healthcare services confront. The paper makes the case for the creation of a unique legislative framework that guarantees accountability in medical practice while enhancing vulnerable patients access to justice by highlighting the structural and legal flaws in the current system and promoting egalitarian treatment, preserving patient dignity and reinforcing public trust in the healthcare system.

Keywords: Medical negligence, Criminal liability, Patient rights, Public healthcare, Economically weaker sections, Healthcare accountability

HISTORICAL EVOLUTION OF ARBITRATION LAW IN INDIA

AUTHOR – HRIDAY MINOCHA, LL.M, AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – HRIDAY MINOCHA, HISTORICAL EVOLUTION OF ARBITRATION LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 956-961, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JDOD5524

Abstract

This doctrinal research paper examines the historical evolution of arbitration law in India, tracing its journey from informal community based dispute resolution mechanisms such as panchayats and merchant guilds to a formal statutory framework shaped during the colonial period and beyond. It critically analyses the development and structure of key legislations, particularly the Arbitration Act of 1940, highlighting its court centric approach, procedural rigidity, and the extent of judicial interference that undermined arbitral autonomy and efficiency. The paper further explores the limitations of the pre reform regime and the growing dissatisfaction among commercial stakeholders, especially in the context of economic liberalization and increasing cross border transactions. It also evaluates the influence of international developments, including the UNCITRAL Model Law, in shaping India’s arbitration reforms. Ultimately, the study focuses on the enactment of the Arbitration and Conciliation Act of 1996 as a transformative shift towards a more autonomous, efficient, and globally aligned arbitration framework, emphasizing the balance between judicial oversight and arbitral independence in modern Indian Arbitration Law.

SPORTS BETTING: JUDICIAL INTERPRETATION AND LEGAL CHALLENGES IN INDIA

AUTHORS – INDU SINGH* & DR. TAPAN KUMAR CHANDOLA**

* LL.M (CONSTITUTIONAL LAW), AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** PROFESSOR & DIRECTOR, AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – INDU SINGH & DR. TAPAN KUMAR CHANDOLA, “A DOCTRINE OF PROPORTIONALITY IN THE PROBATION OF OFFENDERS ACT, 1958: A DOCTRINAL ANALYSIS OF SENTENCING, REFORM, AND JUDICIAL BALANCING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 945-955, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the jurisprudential evolution of gaming and sports betting laws in India, analyzing the ongoing conflict between archaic colonial statutes and the dynamic realities of the digital economy. Historically, the Indian judiciary has served as the de facto regulator of the industry, establishing the “preponderance of skill” test to distinguish between constitutionally protected business activities under Article 19(1)(g) and prohibited games of chance (res extra commercium). Through a comprehensive analysis of landmark judgments—ranging from R.M.D. Chamarbaugwala (1957) to Varun Gumber (2017)—the research traces how the courts have consistently defended skill-based digital and physical enterprises against disproportionate and arbitrary state-level bans.

However, the paper highlights a contemporary constitutional crisis triggered by the recent enactment of the Promotion and Regulation of Online Gaming Act (PROGA), 2025. By imposing a blanket prohibition on all “Online Money Games” regardless of the underlying skill element, PROGA 2025 seeks to override decades of established judicial precedent. The study critically evaluates the ongoing legal challenges to the Act, specifically focusing on the Union’s legislative competence, the disruption of the federal structure, and the violation of fundamental rights. Finally, it examines the counterproductive outcomes of this prohibitionist legislative approach, notably the proliferation of a $100 billion offshore shadow market and the inadvertent criminalization of legitimate professional sports. The paper concludes that the upcoming 2026 Supreme Court hearings will be a watershed moment, determining both the survival of a multi-billion-dollar industry and the boundaries of parliamentary power over State subjects in the digital age.

Keywords: Sports Betting, Games of Skill vs. Chance, PROGA 2025, Judicial Interpretation, Article 19(1)(g)

THE RIGHT TO HEALTH FOR TRANSGENDER AND INTERSEX COMMUNITIES IN INDIA: LEGAL PROTECTIONS AND PRACTICAL BARRIERS

AUTHOR – SHRUTI VERMA, STUDENT AT GUJRAT NATIONAL LAW UNIVERSITY

BEST CITATION – SHRUTI VERMA, THE RIGHT TO HEALTH FOR TRANSGENDER AND INTERSEX COMMUNITIES IN INDIA: LEGAL PROTECTIONS AND PRACTICAL BARRIERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 936-944, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper examines the legal frameworks of healthcare access of transgender and intersex individuals in India and how they affect their ability to access non-discriminatory medical care. It provides a case study on gender-affirming medical care, mental health services, access to routine medical care, and protection against forced medical treatment within the present legal context. At the focal point of this discussion are constitutional rights as guaranteed by Article 21 (right to life and liberty), 14 (equality before the law), and 15 (prohibition of discrimination), which form the basis of healthcare rights of transgender and intersex individuals. In addition to these widely understood rights, there are international human rights principles, specifically the Yogyakarta Principles, that protect gender identity and gender expression and claim the promotion of the right to be free of involuntary medical treatment. The historic NALSA ruling by the Supreme Court (2014) recognized transgender people as a third gender and established their basic rights, including the right to self-determine their gender without any medical requirements. This decision provided a decisive ground in the rights to healthcare and the rights of the government. Although the next act (Transgender Persons (Protection of Rights)) of 2019 aims to bring these rights to a reality, it has been received with a lot of criticism due to its requirement of bureaucratic certification and medical operation as preconditions to recognition under the law, which is perceived as inconsistent with the NALSA decision. The other significant point of the paper is the topicality of the recent depathologization of transgender identities advanced by the World Health Organization and the request of healthcare founded on informed consent, but not excessive medicalization. This ubiquitous discrimination of transgender and intersex patients is characterized by the denial of care, a lack of sensitivity from providers, and a deficiency in training for gender-affirming healthcare. These obstacles go beyond gender-based practices to standard medical practices. In addition, economic factors and the lack of extensive insurance coverage are setbacks to equal access to healthcare. Lack of national guidelines on gender-affirming care and insufficient inclusion of transgender health concerns in medical education. Social issues of stigma and exclusion, mental illness, and the peculiar and disturbing experience of intersex individuals undergoing non-consensual surgical procedures to alter their bodies in an effort to be considered normal are the factors.     

India has been noted to take significant steps in understanding the rights of transgender and intersex individuals, and some significant judgments and laws have seen a positive change. I, however, feel that there is more to be done in order to refine these laws and make them more practical on the ground. Having laws on paper is one thing; seeing them put into practice, where individuals are discriminated against and blocked on a daily basis, is another. In addition to the legal reforms, I believe it is essential to raise awareness among people. The society in general should be more enlightened and open to the plight of transgender and intersex groups. It is only when the general public, at every level, including that of ordinary citizens, becomes alert, compassionate, and active that we will be able to achieve the real spirit of equality, dignity, and inclusion that our Constitution has made the main focus. The paper recommends legislative and policy changes that meet constitutional vows and global standards of human rights, with the focus on access to dignified and community-informed medical services and care that take into account the bodily autonomy of both transgender and intersex populations.

KEYWORDS- Intersex rights, Transgender Rights, Gender affirming care.

CRIMES AGAINST WOMEN AND CHILDREN IN INDIA: A COMPARATIVE STUDY OF PUNISHMENT FRAMEWORKS IN SELECTED COUNTRIES

AUTHOR – MS. J. SHARBEL* & MS. T. VAISHALI**

* STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

** ASSISTANT PROFESSOR OF LAW DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – MS. J. SHARBEL & MS. T. VAISHALI, CRIMES AGAINST WOMEN AND CHILDREN IN INDIA: A COMPARATIVE STUDY OF PUNISHMENT FRAMEWORKS IN SELECTED COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 922-936, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Crimes against women and children continue to occur, threatening basic human rights worldwide and causing significant challenges for criminal justice systems. In India, issues like sexual violence, domestic abuse, child trafficking, and child exploitation are still common, despite the introduction of many special laws and changes to the criminal code. This study examines how effective these laws are at preventing crime, ensuring punishments match the offenses, and protecting victims. It compares India’s legal system with those of several other countries to see how they tackle these crimes. The research combines legal principles with comparisons of different legal systems. It reviews Indian laws, including the Bharatiya Nyaya Sanhita, the Protection of Women from Domestic Violence Act of 2005, and the Protection of Children from Sexual Offenses Act of 2012, in relation to laws from the United States, the United Kingdom, and some European nations. The analysis focuses on how sentences are determined, whether minimum punishments are applied, and how justice systems balance punishment with the opportunity for offenders to reform. The study also looks at how international agreements like the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) impact national laws. It highlights problems such as inconsistent sentencing, slow court processes, low crime reporting rates, and insufficient support for victims. The research argues that while harsh punishments are essential to address these serious crimes, their success hinges on effective enforcement, the efficiency of the legal process, and the level of support provided to victims. To achieve true justice for women and children, the study recommends establishing uniform punishment guidelines, strengthening support systems within the legal framework, and developing a strategy that combines deterrence, accountability, and efforts to help offenders change.

PARLIAMENTARY SOVEREIGNTY VS. CONSTITUTIONAL SUPREMACY: A COMPARATIVE STUDY OF INDIA AND THE UNITED KINGDOM

AUTHOR – RHITIK YADAV, LL.M. 2^ND SEMESTER (2 YEARS PROGRAMME)

UNIVERSITY OF ALLAHABAD, PRAYAGRAJ

BEST CITATION – RHITIK YADAV, PARLIAMENTARY SOVEREIGNTY VS. CONSTITUTIONAL SUPREMACY: A COMPARATIVE STUDY OF INDIA AND THE UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 909-921, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article undertakes a rigorous comparative examination of two foundational but contrasting constitutional doctrines: parliamentary sovereignty, as classically developed and applied in the United Kingdom, and constitutional supremacy, as enshrined and evolved in the Republic of India. Employing doctrinal, historical, and comparative methodologies, the article traces the philosophical origins, institutional embodiments, and judicial elaborations of each doctrine. It demonstrates that while the United Kingdom has historically vested supreme legislative authority in Parliament, rendering statute law immune from judicial invalidation, India adopted at its independence a written, justiciable, and supreme Constitution that subordinates all legislative and executive action to constitutional norms. The article further analyses how both systems have evolved under contemporary pressures — including rights adjudication, supranational obligations, and judicial assertiveness — and concludes that despite different starting points, both constitutions are converging towards a model in which neither the legislature nor the judiciary enjoys absolute supremacy, but rather each is constrained by an implicit or explicit commitment to constitutionalism, the rule of law, and the protection of fundamental rights.

Keywords: Parliamentary Sovereignty, Constitutional Supremacy, Basic Structure Doctrine, Judicial Review, Dicey, Human Rights Act, Kesavananda Bharti , Rule of Law, Comparative Constitutional Law.

“EVALUATING COMPENSATION MECHANISMS FOR VICTIMS OF HUMAN–WILDLIFE CONFLICT IN INDIA”

AUTHOR – STEVE RAJU, STUDENT AT CHRIST UNIVERSITY BANGLORE

BEST CITATION – STEVE RAJU, “EVALUATING COMPENSATION MECHANISMS FOR VICTIMS OF HUMAN–WILDLIFE CONFLICT IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 896-908, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Human-wildlife clash has become one of the most urgent issues in the conservation and human livelihood interface in India. The high level of habitat fragmentation, urbanization and encroachment into forested territory have increased human and wild animal interaction, which has in most cases led to loss of life, injuries, crop losses, and property damages. To address these effects, there has been the establishment of some compensation systems by both the Central and State governments both within the statutory provisions through the Wildlife (Protection) Act, 1972 as well as through policy provisions and administrative schemes. But these processes are usually marred with delays, bureaucracies, insufficient financial alleviation and interstate inconsistencies. In this paper, the current compensation systems will be assessed in terms of their legal foundation, the efficacy of the procedures and the problems related to their implementation. It also examines the judicial intervention and case law which has influenced the right to remedy against victims of human-wildlife conflict. The paper critically pinpoints structural firewall to accessibility, uniformity, and fairness. Lastly, the paper proposes some reforms that should be adopted to standardize the compensation policies and the establishment of a separate quasi-judicial system, which should address the mitigation of conflicts. The research puts the whole issue in context of the larger discourse of environmental justice to highlight the dire need to implement a rights based, transparent, and sustainable compensation system to victims of human-wildlife conflict in India.

Keywords: Human–Wildlife Conflict; Compensation; Environmental Justice; Wildlife Law; Victims’ Rights; India; Policy Reform