CORPORATE CRIMINAL LIABILITY IN INDIA, UK AND USA: A COMPARATIVE STUDY

AUTHORS – PAVNEET KAUR*& DR. AJAYMEET SINGH**, LLM STUDENT* AND ASSOCIATE PROFESSOR AT CHANDIGARH UNIVERSITY, MOHALI

BEST CITATION – PAVNEET KAUR & DR. AJAYMEET SINGH, CORPORATE CRIMINAL LIABILITY IN INDIA, UK AND USA: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 262-266, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Corporate Criminal Liability is an idea which holds companies responsible for unlawful actions of its employees or representatives. If a crime is committed by a company such as fraud or environmental violations then it can face legal consequences just like a person. Law can hold companies responsible for actions of its employees if actions are done under the scope of their job and also provides a benefit to the company. If law finds company responsible of any illegal act then fines, penalties or restrictions can be imposed on operations of the company. This encourages companies to engage in ethical practices and comply to programs to prevent illegal activities. In Conclusion, corporate criminal liability aims to ensure that companies must operate within law and must take accountability of its actions.

LEGAL RISKS OF CRYPTOCURRENCY IN INDIA

AUTHOR – ASHIKA KALRA* & DR. NISHA SAIN**, LL.M. (MASTER OF LAWS) SCHOLAR* & ASSISTANT PROFESSOR** AT UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY, MOHALI (PUNJAB).

BEST CITATION – ASHIKA KALRA* & DR. NISHA SAIN, LEGAL RISKS OF CRYPTOCURRENCY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 255-261, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, the legality of cryptocurrencies has been a controversial subject with conflicting opinions and changing laws. In 2018, the Reserve Bank of India (RBI) banned cryptocurrency transactions from banks; however, the Supreme Court reversed this decision in 2020. With continuous debates concerning the possibility of outlawing private cryptocurrencies while investigating a Central Bank Digital Currency (CBDC), the regulatory landscape is still unclear in spite of this. Managing hazards including fraud, money laundering, and financial stability, as well as the requirement for consumer protection and efficient taxation, are the main obstacles. As authorities struggle to develop a framework that fosters technology advancement while protecting economic interests and investor protection, India must continue to strike a balance between innovation and regulation. This essay examines these legal nuances, their effects on the cryptocurrency sector, and possible avenues for an equitable regulatory framework in India. India’s changing regulatory approach to cryptocurrencies is indicative of a larger worldwide effort to strike a balance between the hazards and rewards of digital currencies. Cryptocurrencies raise issues about market volatility, possible abuse for illegal purposes, and difficulties ensuring regulatory compliance, even while they also offer potential advantages including greater financial inclusion, quicker transactions, and technological innovation. The difficulty of developing regulations that safeguard investors without impeding innovation is shown by the Indian government’s hesitancy to accept or reject cryptocurrencies in their entirety. The course that India chooses as it considers a regulatory framework might have a big impact on the country’s startup scene, digital economy, and fintech industry as a whole.

Keywords – Cryptocurrency Regulation, Reserve Bank of India, Blockchain Technology, Bitcoin, Digital Currency in India, Legality, Cryptocurrency Security Risks, Transaction, Fraud, Banks, Ethereum, Services, Digital Currencies, Financial.

FOOD SAFETY FOR CONSUMERS: AN ANALYSIS WITH PARTICULAR REFERENCE TO THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

AUTHOR – MR MD JIYAUDDIN, ASSISTANT PROFESSOR, DEPARTMENT OF LAW, VEL TECH RANGARAJAN DR SAGUNTHALA R&D INSTITUTE OF SCIENCE AND TECHNOLOGY

BEST CITATION – MR MD JIYAUDDIN, FOOD SAFETY FOR CONSUMERS: AN ANALYSIS WITH PARTICULAR REFERENCE TO THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 246-254, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

           Food safety is an ethereal concept, assessing consumer access to food safety requires a survey and measurement ready architecture. From the consumer’s point of view, food safety is a so-called credence quality trait, which means that instead of having the ability to evaluate or personally experience food safety before making a purchase, customers must rely on and place their trust in related information. Evidence-based information on a variety of food safety issues must be made available to the general public and consumers. Not until then will our mission be completed. The Eat Right India program by the Food Safety and Standards Authority of India (FSSAI) is crucial in ensuring that consumers are informed of pertinent information at every level. We are expanding this game changing initiative to increase consumer control over food choices by empowering them to demand safe and healthful options, which in turn motivates merchants to provide better services. In India, the whole food sector is governed by the FSSAI, a governmental agency. This government agency’s main goal is to make sure that the food you eat complies with essential and established quality criteria and is safe for your health. In India, any food business involved in the production, distribution, storage or transportation of food must apply for a food safety registration or a fssai licence. The FSSAI is not only guarantees adherence to legal requirements but also signifies a food enterprise’s dedication to providing its customers with wholesome, superior, sanitary and secure food items. The obtaining an FSSAI licence is mandatory, there are particular problems that come with it.

Key words: Food safety, Food Safety and Standards Authority of India, Consumers, Legal requirements, Safe and Healthful.

EVALUATING THE ADVANTAGES AND DISADVANTAGES OF COORDINATED ELECTIONS IN INDIA: A COMPREHENSIVE ANALYSIS OF THE “ONE NATION, ONE ELECTION” PROPOSAL

AUTHOR – SAMEER KUMAR, STUDENT AT GLOBAL UNIVERSITY, SCHOOL OF LAW & JURISPRUDENCE

BEST CITATION – SAMEER KUMAR, EVALUATING THE ADVANTAGES AND DISADVANTAGES OF COORDINATED ELECTIONS IN INDIA: A COMPREHENSIVE ANALYSIS OF THE “ONE NATION, ONE ELECTION” PROPOSAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 236-245, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the implications—both favourable and unfavourable—of instituting synchronized elections across India, often termed “One Nation, One Election.” This proposed change aims to align the timing of national, state, and local elections to minimize frequent electoral cycles. The study finds that harmonizing polls could lead to substantial cost reductions for both state and central administrations, as it would lower expenses associated with election management, security measures, and governance interruptions. Annual savings are projected to exceed ₹45 billion. The effect on state governments presents a dual narrative: while national issues might overshadow regional matters, state authorities could gain more time to focus on governance rather than campaigning. Voters might experience reduced fatigue but would also lose the opportunity to voice discontent with state governments at staggered intervals. For businesses, coordinated elections could offer greater policy consistency and reduced political unpredictability. However, the risk of prolonged single-party dominance might lead to diminished government oversight. Additionally, national parties are likely to gain an advantage over regional parties. Overall, synchronized elections could enhance governance efficiency and contribute to political and economic stability. Nevertheless, the potential drawbacks, such as diminished regional autonomy and reduced governmental accountability, pose significant concerns. The analysis concludes that while the benefits of synchronized elections are notable, addressing potential negative impacts on regional representation and accountability may necessitate further electoral reforms. This summary encapsulates the essential findings of the full analysis, shedding light on the multifaceted considerations involved in evaluating this significant electoral reform proposal.

THE ROLE OF INDIAN CYBERCRIME COORDINATION CENTRE IN SAFEGUARDING CYBERSPACE

AUTHOR – YOGESH PRASAD KOLEKAR, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW

BEST CITATION – YOGESH PRASAD KOLEKAR, THE ROLE OF INDIAN CYBERCRIME COORDINATION CENTRE IN SAFEGUARDING CYBERSPACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 233-235, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The world was separated due to distance and boundaries that has been breached and intruded by virtual world. The cyberspace is a virtual space where people can learn, talk, share and get entertained and where physical distance is remains no more a barrier. The boon of internet technology gave birth to new type of criminals called as cybercriminals who took advantage of people’s ignorance of technology and upstanding of cyberspace. The word cybercrime is a combination two different words “Cyber” and “Crime” which refers to crime committed over the internet or cyberspace. Indian Cybercrime Coordination Centre was established by the Ministry of Home Affairs to handle issues related to cybercrime. The Indian Cybercrime Coordination Centre play an important role in safeguarding Indian cyberspace. It facilities coordination with various law enforcement agencies to tackle cybercrime effectively.

INCREASE IN WEALTH OF POLITICAL LEADERS AFTER HOLDING POLITICAL OFFICE AND ARTICLE 39(B) OF THE CONSTITUTION OF INDIA

AUTHOR – AKSHIT DWIVEDI* & SHRAYANA GUPTA**, PHILANTHROPIST* & STUDENT** AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – AKSHIT DWIVEDI & SHRAYANA GUPTA, INCREASE IN WEALTH OF POLITICAL LEADERS AFTER HOLDING POLITICAL OFFICE AND ARTICLE 39(B) OF THE CONSTITUTION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 229-232, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper examines the distributional pattern of wealth accumulation among political leaders in India when accounting for the workplace. It highlights the implications of this phenomenon for accountability, governance, and moral behavior. Article 39 (b) of the Directive Principles of State Policy serves as a constitutional framework for increasing the equitable distribution of beneficial resources. The article analyzes how policymakers’ emerging focus on wealth contradicts this prescription, examines the mechanisms enabling this accumulation, and discusses the wider implications for Indian authorities. It ends with a recommendation aimed at harmonizing political practices with the ideals enshrined in Article 39 (b).            
Keywords: Political wealth, Corruption, Article 39(b), Governance, Equitable Distribution, Accountability, Directive Principles, Policy manipulation, Anti-corruption reform

AN ANALYSIS AND CASE STUDY ABOUT JUDICIAL ACTIVISM

AUTHOR – ASHISH KUMAR, GRADUATE AND ADVOCATE FROM IP UNIVERSITY, FIMT COLLEGE

BEST CITATION – ASHISH KUMAR, AN ANALYSIS AND CASE STUDY ABOUT JUDICIAL ACTIVISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 227-228, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION : JUDICIAL ACTIVISM

Judicial activism has always been a source of heated debate, particularly in the light of recent developments in this regard. In the last few years, with several Controversial decisions, the Supreme Court The Judges, as well as the numerous High Courts Judges, have again that has always been well as triggered very strong a debate. However, the word “Judicial activism” actually Connotes is What the Still a mystery. Under the Indian Constitution, State is under the prime obligation to ensure justice, liberty, equality and fraternity in the country. In this sense, the Indian  Judiciary has been defender of the guardian and Indian Constitution. Considering its Constitutional duty, the Indian Judiciary has played the active role now, whenever necessary, in protecting the individual’s fundamental right against the State’s midst, excessive and equal actions/inaction. Therefore, the idea of judicial activism is the restraint. Exact Judicial activism all the two terms opposite of judicial and Judicial restraint the used to describe philosophy and motivation, behind some Judicial decision.

CYBERCRIME AGAINST WOMEN IN INDIA: A CRITICAL ANALYSIS OF CURRENT SITUATIONS

AUTHOR – MR. MD JIYAUDDIN, ASSISTANT PROFESSOR OF LAW AT VEL TECH RANGARAJAN DR. SAGUNTHALA R&D INSTITUTE OF SCIENCE AND TECHNOLOGY

BEST CITATION – MR. MD JIYAUDDIN, CYBERCRIME AGAINST WOMEN IN INDIA: A CRITICAL ANALYSIS OF CURRENT SITUATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 217-2226, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In India, cybercrime is a problem that is expanding quickly and has a big effect on women. Human rights and the right to privacy are violated when violence against women occurs; this is not a recent development. In Indian history, it always takes on new forms from time to time. Many feminists have battled for women’s empowerment in society and against violence against them over time, yet the victim’s exploitative existence will always exist. The term “cybercrime” refers to a wide range of illegal behaviours wherein computers or networks are utilised as a weapon, a target, or a location. Technology advancements have resulted in a sharp rise in cybercrimes and the victimisation of women online. According to the study online harassment, cyberstalking, revenge pornography, cyber defamation, sexual abuse, cyber extortion, cyber bullying, cybersex trafficking, email misrepresentation and phishing are the most frequent cybercrimes against women in India. Because victims are unaware of their legal alternatives and do not trust law enforcement to properly investigate and punish these offences, many crimes frequently go unreported. People are seriously threatened by cybercrimes. Women are the primary victims of this emerging type of crime, which is a global issue. The author examines internet security flaws and cybercrimes against women in this article. The threat of cybercrime to economic and national security are growing. The Digital Personal Data Protection Act, 2023 establishes guidelines for safeguarding personal data, including securing consent before using it, restricting data collecting, and guaranteeing data accuracy. People also have the right to raise complaints, seek corrections, and receive information. The statute does, however, release the government from some restrictions on the use of data processing for law enforcement. With an emphasis on cybercrimes against women, the Ministry of Home Affairs runs the National Cyber Crime Reporting Portal, which allows residents to file complaints about any kinds of cybercrime.

KEYWORDS: Cybercrime, Human Rights, Right to Privacy, Global Issue Investigate, Digital Personal Data Protection.

CRITICAL ANALYSIS OF THE BHARTIYA SAKSHYA ADHINIYAM 2023

AUTHOR – ANISHA AGRAWAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY RAJASTHAN

BEST CITATION – ANISHA AGRAWAL, CRITICAL ANALYSIS OF THE BHARTIYA SAKSHYA ADHINIYAM 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 208-216, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Bhartiya Sakshya Adhiniyam 2023 superseded the Indian Evidence Act of 1872, which was legislation still in the colonial era. There were fundamental changes in India’s legal system with it. This research study critically analyses the primary innovations and reforms covered by the 2023 Act in relation to how they may influence India’s legal system. With the rapidly developing technology and increase of complicated legal issues it had birthed, there was a definite call for evidence law to be updated. The new reform as can be reflected in this 2023 Act is through contemporary procedures for witness protection, strengthening of admissibility provisions concerning digital and electronic evidence, and making weightier the forensic and scientific evidence.

The Act has updated the burden of proof for economic crimes and sexual harassment cases, and it has streamlined the procedures on documentary evidence, so the introduction of authentic digital documents is made not burdensome before a court of law. Such a legal system in India would facilitate the goal of victim-centric, transparent, and efficient transparency in terms of best international practices.

But the paper also discusses possible obstacles in implementing the reforms in practice, especially in developing and rural areas where technology is still not well-accessible. And even if the Act introduces much needed amendments, proper balance between the right to personal privacy and the need for digital evidence in court gets raised as a concern.  The analysis concludes that though Bhartiya Sakshya Adhiniyam 2023 is a progressive step to modernize the Indian judiciary system, its success would depend upon equal application throughout different areas of India and effective judicial interpretation.

KEYWORDS: Digital Evidence, Forensic Science, Vulnerable Witnesses, Judicial Reforms, Admissibility

A REVISED INSIDER TRADING POLICY COULD BE MORE PRACTICAL IN THE INDIAN STOCK MARKET

AUTHOR – PRIYANKA SAHA AND BAISHALI DEBNATH, STUDENT AT AMITY UNIVERSITY KOLKATA

BEST CITATION – PRIYANKA SAHA AND BAISHALI DEBNATH, A REVISED INSIDER TRADING POLICY COULD BE MORE PRACTICAL IN THE INDIAN STOCK MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 201-207, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Insider trading in India refers to the buying or selling of a company’s securities based on confidential information not available to the public. This practice undermines market integrity and investor confidence by giving an unfair advantage to those with access to sensitive information. Regulatory oversight in India has evolved significantly, with the Securities and Exchange Board of India (SEBI) playing a central role in monitoring and controlling insider trading activities. Following the landmark TISCO case in 1992, SEBI introduced the first set of insider trading regulations, which have since been updated with the SEBI (Prohibition of Insider Trading) Regulations, 2015, and further strengthened by amendments in 2019. Additionally, the SEBI Act outlines legal prohibitions and penalties associated with insider trading. These developments underscore India’s commitment to maintaining a transparent and fair financial market by reducing the risk of unfair trading practices.