INSTITUTIONALIZING NEGOTIATION: PLEA BARGAINING AND THE DEMISE OF THE “FORGOTTEN ENTITY” IN INDIAN COURTS

AUTHOR – KAJAL MISHRA* & DR. JYOTSNA SINGH**

* LLM (CRIMINAL LAW) STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – KAJAL MISHRA & DR. JYOTSNA SINGH, INSTITUTIONALIZING NEGOTIATION: PLEA BARGAINING AND THE DEMISE OF THE “FORGOTTEN ENTITY” IN INDIAN COURTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 353-362, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Historically, Indian criminal jurisprudence has marginalized victims, relegating them to the status of mere witnesses within an offender-centric, retributive framework under the colonial Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC). This research paper examines the profound paradigm shift towards a restorative, victim-centric model codified in the newly enacted Bharatiya Nyaya Sanhita (BNS), 2023, and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. By analysing statutory innovations such as Community Service and refined Plea-Bargaining timelines, the paper benchmarks these domestic reforms against international standards, specifically the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime. To contextualize this shift within indigenous philosophy, the paper introduces a novel theoretical lens using Amartya Sen’s distinction between Niti (institutional propriety) and Nyaya (realized justice). It argues that while legislative updates fulfill Niti, achieving true Nyaya requires “plus-legal” interventions like the SPRUHA scheme to support the holistic rehabilitation of victims. Finally, to address the inherent subjectivity in evaluating victim trauma, the paper proposes a futuristic framework integrating Artificial Intelligence (AI) and Natural Language Processing (NLP) to objectively assess Victim Impact Statements (VIS), thereby modernizing the judicial assessment of psychological harm while maintaining rigorous ethical safeguards against algorithmic bias.

Keywords: Victim-Centric Justice, Restorative Justice, Bharatiya Nyaya Sanhita (BNS), Niti and Nyaya.  

EFFECTIVENESS OF RESTORATIVE JUSTICE IN REDUCING RECIDIVISM

AUTHOR – DEEPSHIKHA MADHESIYA* & DR ANUPRIYA YADAV**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – DEEPSHIKHA MADHESIYA & DR ANUPRIYA YADAV, EFFECTIVENESS OF RESTORATIVE JUSTICE IN REDUCING RECIDIVISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 345-352, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The recurring issue of recidivism has revealed how traditional punitive criminal justice systems can be severely limited in their ability to provide long-term reform of offenders or produce any kind of impact on victim redress. Restorative justice has since developed as an alternative structure to restore accountability, involvement of victims, participation of community and redressing the damage caused by the criminal acts. In this study, the efficacy of restorative justice in the minimization of recidivism is critically analyzed by the doctrinal and comparative study of the restorative practices in various jurisdictions. The paper analyses the suitability of the restorative justice mechanisms to provide quantifiable benefits over traditional retributive methods by analyzing theoretical underpinnings, empirical evidence, and individual jurisdictional experience of the procedures in the chosen countries. According to the analysis, restorative justice may help reduce recidivism rates, especially in juvenile and first-time offenders, in addition to increasing satisfaction of victims and reintegrating offenders. The research finds that restorative justice is an effective reformative instrument, which can empower the rehabilitative benefits and enhance a more multifaceted and functional criminal justice system.

Keywords:
Restorative Justice, Recidivism, Criminal Justice Reform, Rehabilitation, Victim-Offender Mediation

NAVIGATING THE LEGAL LABYRINTH: CLOUD SERVICE PROVIDER ACCOUNTABILITY FOR THIRD-PARTY TRADE SECRET MISAPPROPRIATION IN THE ERA OF CONTRACTUAL SHIELDS AND REGULATORY FRAGMENTATION

AUTHOR – RUDRA GUPTA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – RUDRA GUPTA, NAVIGATING THE LEGAL LABYRINTH: CLOUD SERVICE PROVIDER ACCOUNTABILITY FOR THIRD-PARTY TRADE SECRET MISAPPROPRIATION IN THE ERA OF CONTRACTUAL SHIELDS AND REGULATORY FRAGMENTATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 331-344, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/FJCM8823

ABSTRACT

Cloud computing has fundamentally transformed information storage and enterprise operations, yet this technological shift has exposed critical vulnerabilities in trade secret protection. Corporate data once confined to internal networks now spans global cloud infrastructures, making Cloud Service Providers (CSPs) essential intermediaries in safeguarding proprietary knowledge. The central research problem examined in this study is whether, and to what extent, CSPs can be held legally accountable when third-party actors misappropriate trade secrets by exploiting security gaps, contractual disclaimers, and fragmented regulatory standards.

The primary objective of this research is to critically analyze the liability regime applicable to CSPs in cases of third-party trade secret misappropriation, identifying doctrinal and practical gaps within statutory frameworks, judicial reasoning, and contractual protections. The study employs a comparative doctrinal legal research methodology, examining statutory provisions, case law, and authoritative secondary literature across three key jurisdictions: India, the United States, and the European Union.

The research reveals that India’s reliance on contractual shields and fragmented statutory mechanisms fails to delineate clear CSP responsibilities, particularly where breaches stem from multi-tenant misconfigurations or supply-chain vulnerabilities. In contrast, the United States provides consolidated remedies through the Defend Trade Secrets Act, while the European Union operates a layered framework integrating trade secret law with mandatory cybersecurity duties under GDPR Article 32 and the NIS2 Directive. Across all jurisdictions, evidentiary challenges in establishing “reasonable security,” causation, and attribution significantly complicate accountability determinations.

The study concludes that targeted reforms are essential to address these deficiencies. Key recommendations include enacting a model Indian trade secrets statute incorporating explicit cloud-security benchmarks, implementing legally mandated contractual clauses ensuring audit rights and incident reporting, establishing calibrated safe harbors for CSPs tied to demonstrable security controls, and developing international frameworks to facilitate cross-border evidence recovery. These measures aim to balance innovation with robust trade secret protection in an era where cloud architecture has become indispensable to economic life.

Keywords: Cloud computing, Cloud Service Providers, Contractual liability, Cybersecurity, Intermediary liability, Regulatory fragmentation, Trade secrets

IRREGULARITIES OF FILING CASES IN COURT IN INDIA

AUTHOR – RAGHESHWARI SINGH* & DR SHAIWALINI SINGH**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – RAGHESHWARI SINGH & DR SHAIWALINI SINGH, IRREGULARITIES OF FILING CASES IN COURT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 324-330, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Judicial service in India commences with the appropriate institution of cases in courts that are well equipped and hence the filing process is a very important step in the judicial process. The abstract flaw in the filing stage, such as a flawed pleading, jurisdictional, delay, and court fee deficiency, and administrative deficiencies, are serious causes of judicial inefficiency, which raise the cost of litigation and access to justice. This paper discusses the character and scope of such irregularities, which are curable defects and the fatal errors which nullify proceedings. It examines the provisions of the laws in the Code of Civil Procedure, 1908, Code of Criminal Procedure, 1973, Limitation Act, 1963 and other applicable laws as well as judicial interpretations that strike a balance between procedural conformity and substantive justice. The study also assesses how technology and specifically e-filing systems have helped to reduce and create new procedural problems. Lastly, it gives suggestions such as standardized filing practices, reforms of the registry, legal literacy programs and technological improvements to cut the anomalies and enhance the efficiency and validity of the Indian judicial system. The paper highlights that irregularities in filing must be tackled to ensure the rule of law, to speed up the delivery of justice, and to continue ensuring that people have trust in the judicial system.

Keywords: Filing irregularities, procedural law, curable defects, fatal defects, jurisdictional errors.

OPPRESSION AND MISMANAGEMENT UNDER THE COMPANIES ACT, 2013: A COMPARATIVE ANALYSIS WITH THE UNITED KINGDOM

AUTHOR – AYUSH SHARMA, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – AYUSH SHARMA, OPPRESSION AND MISMANAGEMENT UNDER THE COMPANIES ACT, 2013: A COMPARATIVE ANALYSIS WITH THE UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 315-323, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/OEKV5717

ABSTRACT

The principle of majority rule has been recognized as the bedrock of corporate governance, where decision-making is maximized in terms of efficiency but individual shareholder interests are subordinated to the will of the majority. Unbridled majority control, however, poses a threat of taking advantage of minority shareholders. The legislature has formulated statutory remedies intended to reconstitute fairness in corporate frameworks so as to prevent such abuse. This paper analyses the law of oppression and mismanagement in India under the Companies Act, 2013, providing a historical context from English law and juxtaposing it with the “unfair prejudice” remedy under the United Kingdom’s Companies Act, 2006. Although India officially acknowledges a wide range of claims—such as oppression, mismanagement, and prejudice—the system is limited by procedural barriers like the requirement of “just and equitable,” the application of minimum membership requirements, and the judicial approach to non-arbitrability. The United Kingdom, on the other hand, has evolved a more flexible, accessible, and shareholder-oriented model imposing no such conditionalities. This paper, by way of comparative analysis, identifies the lacunae in India’s framework and canvasses for reforms that would rebalance the law to better serve its protective function in protecting minority interests and enhancing corporate governance. Keywords: oppression, mismanagement, unfair prejudice, just and equitable, minority.

THE ARCHITECTURE OF LEGALISED IMPUNITY: A DOCTRINAL AND PSYCHOLOGICAL CRITIQUE OF INDIA’S MARITAL RAPE EXCEPTION

AUTHORS – ANSHU TRIPATHI* & DR. SUKRITI YADAV**

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

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

BEST CITATION – ANSHU TRIPATHI & DR. SUKRITI YADAV, THE ARCHITECTURE OF LEGALISED IMPUNITY: A DOCTRINAL AND PSYCHOLOGICAL CRITIQUE OF INDIA’S MARITAL RAPE EXCEPTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 305-314, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper undertakes an exhaustive doctrinal and constitutional critique of the Indian Penal Code (IPC) to expose the stark dissonance between the jurisprudence of vitiated consent under Section 90 and the Marital Rape Exception (MRE) under Exception 2 to Section 375. The analysis reveals a legal paradox where the consent of unmarried women is rigorously protected against deceit and misconception of fact, while the consent of married women is legally negated, subjecting them to a presumption of passive and perpetual consent. Through a constitutional lens, the paper demonstrates that the MRE violates the fundamental rights guaranteed under Articles 14 and 21. It establishes an arbitrary classification devoid of a rational nexus, stripping married women of their rights to bodily integrity, dignity, and decisional autonomy.

Furthermore, the study critically evaluates the State’s reliance on allied laws, namely Section 498A (Cruelty) and the Protection of Women from Domestic Violence Act, 2005 (PWDVA), as sufficient alternative remedies. It argues that these provisions are doctrinally mismatched, conflating distinct offenses, imposing higher evidentiary thresholds for “grave injury,” and reducing heinous sexual violations to civil disputes or lesser crimes. To address the purported evidentiary difficulties in prosecuting marital rape, the research introduces a novel interdisciplinary framework integrating forensic psychology. By applying perpetrator typologies (such as Groth and Finkelhor), Battered Woman Syndrome (BWS), and the concept of “Coercive Control,” the paper suggests actionable evidentiary pathways to objectively establish context and non-consent. Ultimately, the paper concludes that retaining the MRE prioritizes patriarchal family structures over individual rights, advocating for the unequivocal criminalization of marital rape.

Keywords:

1. Marital Rape Exception
2. Vitiated Consent
3. Bodily Integrity
4. Indian Penal Code (IPC)
5. Forensic Psychology

“THE EPICENTRE OF INDIAN HEALTHCARE: A TUSSLE AMONG ETHICS, ACCOUNTABILITY AND INCENTIVES”

AUTHORS – YUKTI SETH* & DR. ANUPRIYA YADAV**

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

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

BEST CITATION – YUKTI SETH & DR. ANUPRIYA YADAV, “THE EPICENTRE OF INDIAN HEALTHCARE: A TUSSLE AMONG ETHICS, ACCOUNTABILITY AND INCENTIVES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 298-304, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This writing circumscribes around the concept of medical negligence that is a rising trend in the decade. The analysis elaborates on the upgradation of the standards of the core principles of criminal liability and the real-life problems encountered by the patients. By a meticulous contemplation and analysis of the information, data and statistics sustained, it is essential to segregate the pith and substance.

Lack of accountability is as severe as lack of awareness among the people regarding their rights and laws revolving around negligence cases.

To attempt to eradicate the gap between theory and practice, the cases and circumstances that hamper medical trust of people have been studied in order to address the shortcomings of the medical profession today. The aim of this empirical statistics and judicial precedents analysis, in this study is to ascertain the level of awareness among people regarding the sensitive topic of medical negligence. The study incorporates landmark precedents of the Honourable Supreme Court of India and High Courts of India to enlighten, alongside a comparison of the medical laws on negligence that exist in our country.

The findings from the NCRB data suggest that, although medical negligence forms a small sect of negligence cases, the conviction and pendency rates are quite high. Law is complementary to medicine. Adequate provisions outline the definitions for the provision of justice. The study deduces that it is indispensable to maintain the balance between the rights and lives of the patients and independent professional practice.

With the law favouring justice, it is essential to establish a core foundation which balances both the sides. While, it is not possible to compensate for the loss of life of any individual for their family, addressing the cases of medical negligence and penalizing it are certainly the need of the hour for the nation.

Keywords– Medicine, judiciary, negligence, awareness

ASSESSING THE ADEQUACY OF INDIA’S LEGAL FRAMEWORK IN ADDRESSING DEEPFAKE TECHNOLOGY: A CYBERSECURITY AND DATA PROTECTION PERSPECTIVE

AUTHOR – SHASHANK B G, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – SHASHANK B G, ASSESSING THE ADEQUACY OF INDIA’S LEGAL FRAMEWORK IN ADDRESSING DEEPFAKE TECHNOLOGY: A CYBERSECURITY AND DATA PROTECTION PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 283-297, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Deepfake technology, enabled by rapid advancements in artificial intelligence and machine learning, has emerged as a significant challenge to legal systems worldwide. By generating hyper-realistic synthetic audio-visual content, deepfakes undermine evidentiary reliability, individual dignity, informational privacy, and democratic integrity. In India, the misuse of deepfake technology has manifested in non-consensual intimate imagery, political misinformation, financial fraud, and identity impersonation. Despite the growing frequency and severity of these harms, India lacks a deepfake-specific regulatory framework. Instead, authorities rely on provisions of the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023—statutes enacted without contemplation of AI-driven synthetic media.

This article critically evaluates the adequacy of India’s existing legal framework in addressing deepfake-related harms from a cybersecurity and data protection perspective. Through doctrinal analysis, constitutional examination, and comparative evaluation of regulatory developments in the United States, the European Union, and China, the paper demonstrates that India’s approach remains fragmented, reactive, and structurally insufficient. The absence of statutory definitions, targeted offences, platform accountability obligations, and victim-centric safeguards results in regulatory ambiguity and enforcement challenges.

The article argues that deepfakes represent not merely a species of cybercrime but a convergence of identity manipulation, biometric misuse, and information disorder that existing statutes inadequately capture. It proposes a calibrated reform model grounded in definitional clarity, tiered harm-based criminalization, integration with data protection principles, and constitutionally compliant platform obligations. By situating deepfake regulation within India’s broader constitutional commitments to privacy, dignity, and freedom of expression, this study offers a balanced framework aimed at strengthening cybersecurity while preserving democratic values.

The regulation of deepfake technology, the article concludes, is not simply a technological necessity but a constitutional imperative in the digital age.

Keywords

Deepfakes; Artificial Intelligence; Cybersecurity; Data Protection; Information Technology Act, 2000; Digital Personal Data Protection Act, 2023; Synthetic Media; Privacy; Constitutional Law; Platform Liability; AI Regulation; India.

PRIVATE INTERNATIONAL LAW AND CONSTITUTIONAL MORALITY IN INDIA

AUTHOR – SARAVANAN KUMAR & MANIKANDAN M

LLB (HONS) III YEAR, STUDENTS AT VINAYAKA MISSION’S LAW SCHOOL, CHENNAI

BEST CITATION – SARAVANAN KUMAR & MANIKANDAN M, PRIVATE INTERNATIONAL LAW AND CONSTITUTIONAL MORALITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 271-282, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In recent decades, India’s growing engagement with the global community through migration, international marriages, cross-border employment, education, and digital commerce has significantly increased the number of disputes involving foreign elements. Indian courts are now frequently confronted with questions relating to jurisdiction, choice of law, and recognition of foreign judgments in matters ranging from matrimonial disputes to international commercial transactions^[1]. Traditionally, private international law (conflict of laws) addressed such issues through structured and technical rules designed to promote certainty, uniformity, and international comity. These rules were largely viewed as neutral mechanisms that avoided engaging with substantive questions of justice.

However, this approach is undergoing a transformation. At the same time that cross-border disputes have become more common, Indian constitutional jurisprudence has expanded considerably, with courts increasingly emphasizing dignity, equality, liberty, and individual autonomy^[2]. The doctrine of constitutional morality developed and clarified in decisions such as Navtej Singh Johar v. Union of India, Indian Young Lawyers Association v. State of Kerala, and Joseph Shine v. Union of India has reinforced the idea that constitutional values must prevail over discriminatory social practices and majoritarian norms^[3].

This paper examines whether and to what extent constitutional morality is reshaping Indian private international law. It argues that courts are increasingly testing foreign laws and judgments against constitutional principles, especially in areas such as family law, gender justice, and the public policy exception. In doing so, India appears to be gradually moving away from a purely formalistic conflict-of-laws model toward a rights-oriented framework. While this shift strengthens constitutional supremacy, it also raises important concerns about predictability and international comity in cross-border adjudication.

Keywords: Private International Law, Constitutional Morality, Conflict of Laws, Public Policy Exception, Fundamental Rights

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[1] Tarasha Gupta & Saloni Khanderia, Cross-Border Litigation and Comity of Courts: A Landmark Judgment from the Delhi High Court, Conflict of Laws (Mar. 30, 2024), https://conflictoflaws.net/2024/cross-border-litigation-and-comity-of-courts-a-landmark-judgment-from-the-delhi-high-court/

[2] Gaurav Pachnanda, Is Arbitration Undergoing a Jurisprudential Transformation in India to Meet Our Unique Legal Requirements?, Bar & Bench (July 27, 2025), https://www.barandbench.com/columns/is-arbitration-undergoing-a-jurisprudential-transformation-in-india-to-meet-our-unique-legal-requirements

[3] Mazhar Khan & Dr. Anuradha Garg, Constitutional Morality and Amendment Acts: A Critical Study of Judicial Responses to Constitutional Changes in India, 11 Int’l J. of Law Iss. 9 24 (2025), https://www.lawjournals.org/assets/archives/2025/vol11issue9/11199.pdf

CHALLENGING THE CURRENT CONVENTION: ADVOCATING SEX WORKERS RIGHTS AS HUMAN RIGHTS

AUTHOR – PRARTHANA BR, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BANGLORE, CENTRAL CAMPUS

BEST CITATION – PRARTHANA BR, CHALLENGING THE CURRENT CONVENTION: ADVOCATING SEX WORKERS RIGHTS AS HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 260-270, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/OPNV4185

ABSTRACT

Despite being one of the oldest professions, sex work is also one among the most stigmatized. Sex workers have been criminalized, policed, and marginalized for centuries by legal and social systems, making them invisible in the discourse surrounding human rights. By redefining sex work as labour and sex worker’s rights as fundamental human rights, the study questions established norms. The study identifies the main obstacles preventing sex workers from exercising their rights and dignity through a qualitative and descriptive analysis of national laws, international conventions, scholarly works, and reports from non-governmental organizations. It draws attention to how marginalization is exacerbated by the intersections of caste, gender, class, and immigration status. Lastly, it makes policy recommendations for decriminalization, legal reform, and acknowledging sex workers as workers and citizens with rights. Conclusively, through this study an attempt has been made to bring a sense of parity in context of treating sex workers socially, with all due respect and dignity.

KEYWORDS: Sex work, Human rights, Decriminalization, Gender justice, Labor rights, Stigma, Policy reform.