PRESUMPTION OF INNOCENCE IN CRIMINAL CASES INVOLVING IDENTICAL TWINS: A DOCTRINAL ANALYSIS OF FORENSIC AND LEGAL CHALLENGES

AUTHORS – JANANI SHREE R J* & HEMAVATHY D**

* STUDENT, B. A. LL. B. (HONS.), SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, TARAMANI, CHENNAI – 600113.

** B. COM. LL. B. (HONS)., LLM., LAW FACULTY, SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, TARAMANI, CHENNAI – 600113.

BEST CITATION – JANANI SHREE R J & HEMAVATHY D, PRESUMPTION OF INNOCENCE IN CRIMINAL CASES INVOLVING IDENTICAL TWINS: A DOCTRINAL ANALYSIS OF FORENSIC AND LEGAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 65-71, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RYHO7885

ABSTRACT

The core aspect of criminal justice system of India is that an accused person is presumed innocent unless and until proven guilty. Because of this presumption of innocence, it is the prosecution’s responsibility to prove guilt beyond a reasonable doubt. However, the implementation of this principle is complicated by serious forensic and legal issues that arise in criminal instances involving monozygotic (identical) twins. Due to their almost similar genetic composition, conventional forensic methods, especially Short Tandem Repeat (STR) DNA analysis, frequently fail to differentiate between identical twins. This restriction raises grave concerns about erroneous convictions and miscarriages of justice and diminishes the evidential value of DNA evidence.

This paper conducts a doctrinal examination of the presumption of innocence in identical twin cases, looking at the consequences for the burden of proof and reasonable doubt, the evidentiary and prosecutorial challenges, and the forensic limitations of conventional DNA testing. Along with the constitutional and human rights aspects involved, such as the right to a fair trial, it also examines sophisticated identification methods, their scientific validity, and their legal admissibility. In order to ensure that the integrity of the presumption of innocence is maintained in such complicated cases, the study ends with useful recommendations for bolstering evidential protections.

EXAMINATION OF A WITNESS WITH SPECIAL REFERENCE TO CROSS-EXAMINATION

AUTHOR – PANDEY SUMIT VIJAY* & DR SRIJAN MISHRA**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW

** ASSISTANT PROFESSOR GRADE-I  AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW

BEST CITATION – PANDEY SUMIT VIJAY & DR SRIJAN MISHRA, EXAMINATION OF A WITNESS WITH SPECIAL REFERENCE TO CROSS-EXAMINATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 53-64, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/AXSG6934

Abstract

One of the most important aspects of the adversarial system of law is the witness cross-examination, since the establishment of facts by the judiciary largely depends on oral testimony. The Indian Evidence Act 1872 provides a methodological way of investigating the witnesses that comprises examination-in-chief, cross-examination and re-examination, which has a procedural and substantive aim. Of them, such a powerful weapon as cross-examination will assume one of the leading positions among the means of checking the veracity, credibility, and reliability of the witness testimony. It is not merely a procedural formality but rather a very important protection mechanism to bring about fairness in the course of trial and to monitor natural justice principles.

This research paper is critically carried out to look at the concept, scope, objective, and limitations of witness examination with particular reference to cross-examination in the Indian law. It examines provisions of the law, judicial interpretations, and evidentiary principles of leading questions, impeachment of credit, hostile witnesses, and protective restrictions of indecent or scandalous questioning. The paper also examines the constitutional aspect of the cross-examination, especially in connection with the right to fair trial in Article 21 of the Constitution of India.

Other challenges, like the hostility of witnesses, intimidation, abuse of aggressive cross-examination tactics, and how digital modes of testimony are applied, are also discussed in the paper. The paper also uses the analysis of doctrines and allusions to significant judicial precedents to reveal the fine line between the right of the accused to confrontations and the necessity to respect the dignity and safety of the witnesses. It ends by proposing reforms to enhance procedural protections without the cross-examination role of the justice system by enhancing the truth-seeking.

Keywords:  Examination of Witness, Cross-Examination, Indian Evidence Act, Fair Trial, Witness

FROM CUSTODY TO COURTROOM: EVALUATING FORENSIC INVESTIGATION IN CASES OF DEATH UNDER POLICE CONTROL

AUTHOR – ANBUCHEZIAN R* & HEMAVATHY D**

* FINAL YEAR LAW STUDENT, BBA LLB., HONS, SCHOOL OF EXCELLENCE IN LAW, TNDALU

** FACULTY, SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ANBUCHEZIAN R & HEMAVATHY D, FROM CUSTODY TO COURTROOM: EVALUATING FORENSIC INVESTIGATION IN CASES OF DEATH UNDER POLICE CONTROL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 43-52, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

                Custodial deaths are considered one of the gravest violations of constitutional governance, directly implicating the principle of the State’s duty to safeguard life and dignity under Article 21 of the Constitution of India. In recent years, there have been several reported incidents regarding the custodial deaths of accused across various states that create a national debate on accountability, transparency, and the effectiveness of investigative procedures. And in those such cases, Forensic Science becomes the principal instrument through which truth can be abstracted, and the responsibility is determined. However, whereas the judicial safeguards have developed over the years through significant judgments such as D.K. Basu vs. State of West Bengal, the operational integrity and judicial assessment of forensic evidence in custodial death cases are still inadequately explored.

This paper critically assesses the forensic evidence chain from the autopsy table to the judicial bench, scrutinizing forensic pathology, injury pattern analysis, toxicology, digital evidence preservation, and chain-of-custody practices. It also explores procedural and evidentiary reforms brought about by the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023, specifically the focus on forensic directives and digital documentation. The paper reveals a structural deficit between forensic investigation and judicial assessment, contending that the institutional dependence of forensic agencies on police frameworks and disparities in evidentiary standards corrode the efficacy of accountability. It ends with recommendations for forensic empowerment, scientific integrity, and a legitimate transition from custody to courtroom justice.

THE DOCTRINE OF INDOOR MANAGEMENT: EVOLUTION AND CONTEMPORARY RELEVANCE IN INDIA

AUTHORS – MUCHUKUND, VARDHAMAN JOTHE & ANSH SHUKLA

FOURTH YEAR STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – MUCHUKUND, VARDHAMAN JOTHE & ANSH SHUKLA, THE DOCTRINE OF INDOOR MANAGEMENT: EVOLUTION AND CONTEMPORARY RELEVANCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 38-42, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

The Doctrine of Indoor Management, popularly known as the Turquand Rule, constitutes a fundamental principle of company law aimed at protecting third parties who transact with corporations in good faith. Developed as a judicial response to the rigidity of the Doctrine of Constructive Notice, the rule was first articulated in Royal British Bank v. Turquand, wherein the Court held that outsiders are entitled to presume that a company’s internal procedures have been duly complied with, even if such compliance has not in fact occurred. While the Doctrine of Constructive Notice presumes that external parties are aware of a company’s public documents, the Doctrine of Indoor Management mitigates the harshness of that presumption by shifting the burden of internal irregularities onto the company itself.

In India, although the doctrine is not expressly codified under the Companies Act, 2013, it has been consistently recognized and refined through judicial interpretation. Courts have upheld the principle that bona fide third parties are not obligated to investigate internal resolutions, procedural compliance, or board authorizations unless circumstances give rise to suspicion. At the same time, Indian jurisprudence has carved out well-defined exceptions, including cases involving forgery, knowledge of irregularity, or acts that are ultra vires the company.

This paper critically examines the historical evolution, doctrinal foundations, statutory interplay, and judicial application of the Doctrine of Indoor Management in India. It further evaluates its contemporary relevance in light of enhanced corporate governance standards, digital corporate administration, and increasing regulatory scrutiny. The paper argues that while the doctrine remains indispensable to commercial certainty and transactional efficiency, its scope must be carefully balanced against accountability mechanisms to prevent misuse in an era of complex corporate structures and technological transformation.

THE PERSISTING EFFECT OF CASTE ON LEGISLATIVE POLITICS IN KARNATAKA: A LEGAL AND SOCIO-POLITICAL ACCOUNT

AUTHOR – DAIVIK PRAJWAL G, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY, BANGALORE

BEST CITATION – DAIVIK PRAJWAL G, THE PERSISTING EFFECT OF CASTE ON LEGISLATIVE POLITICS IN KARNATAKA: A LEGAL AND SOCIO-POLITICAL ACCOUNT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 27-37, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper takes a close look at the deep and persistent effect of caste on legislative politics in the state of Karnataka. It moves away from the simplistic idea of “vote-bank” and discusses how caste has been a primary form of political mobilization and candidate selection and also a basis for framing policies. The paper presents the historical hegemony of, and changing loyalties between, major caste factions, notably: Lingayats and Vokkaligas, the strategic alliance of groups such as the AHINDA and the controversial involvement of religious institution (mathas) in elections. The electoral data of the significant constituencies of Shiggaon and Hassan is utilized, which ensures evidence that shows that national parties employ pragmatic measures, circumventing the formal legal boundaries of a secular democracy for social engineering. Finally, the paper analyzes the legal and constitutive principles for electoral governance, with a particular focus on the Representation of the People Act, 1951 and pivotal judicial decisions, concluding with a summary of findings and recommendations to promote democratic and equitable representation in the state.

Keywords

Caste, Karnataka, Legislative Politics, Lingayats, Vokkaligas, AHINDA, Social Engineering, Political Mobilization, Representation of the People Act, Electoral Law, Mathas.

ONLINE DISPUTE RESOLUTION IN INDIA: A COMPREHENSIVE ANALYSIS OF ITS LEGAL, TECHNOLOGICAL, AND JUDICIAL FRAMEWORK

AUTHOR – ADV. PRAYAG SHAM SASANE, LLM II YEAR, DES’S SNFLC, PUNE

BEST CITATION – ADV. PRAYAG SHAM SASANE, ONLINE DISPUTE RESOLUTION IN INDIA: A COMPREHENSIVE ANALYSIS OF ITS LEGAL, TECHNOLOGICAL, AND JUDICIAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 16-26, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Introduction

1.1. Context and The Imperative for Change

The Indian legal system is currently grappling with an immense and well-documented burden of pending cases, which stands as a significant impediment to both the efficient delivery of justice and the nation’s economic progress.¹ With over 3 crore cases pending in Indian courts, this figure is projected to exceed 15 crore by 2050 if the current rate of disposal and new filings persists.³ This staggering backlog is not merely a statistical anomaly; it is a fundamental challenge to the constitutional right to property and the human right to dignity, and it actively erodes the credibility of constitutional governance.³ The delays in dispute resolution can also hinder economic reforms and deter foreign investment, as businesses are wary of protracted litigation.³

In this context, Online Dispute Resolution (ODR) has emerged as a strategic imperative, representing a systemic response to this national crisis.⁵ ODR is more than a simple technological upgrade; it is a transformative policy initiative designed to create a parallel, highly efficient ecosystem for dispute resolution. The primary objective is to “contain” disputes before they escalate and enter the formal court system, thereby easing the burden on the judiciary and serving as a critical component of India’s broader economic revival strategy.⁵ This report provides a comprehensive analysis of ODR, examining its foundational principles, legal underpinnings, judicial endorsement, and the critical challenges that must be addressed for its widespread and equitable adoption.

IN SICKNESS AND HEALTH: THE LEGAL CHALLENGES OF STDS IN MARITAL DISSOLUTIONS IN INDIA

AUTHOR – MOHD SALLAH KHAN, MD SAQIB ANSARI, SHEHVAR SALEEM & ANSH SHUKLA

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – MOHD SALLAH KHAN, MD SAQIB ANSARI, SHEHVAR SALEEM & ANSH SHUKLA, IN SICKNESS AND HEALTH: THE LEGAL CHALLENGES OF STDS IN MARITAL DISSOLUTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 07-15, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The article critically examines the legal provisions surrounding sexually transmitted diseases (STDs) as grounds for divorce in India, focusing on both secular and various personal laws, including the Indian Divorce Act of 1869, the Dissolution of Muslim Marriages Act of 1939, and the Parsi Marriage and Divorce Act of 1936. It highlights significant issues such as the arbitrary two-year waiting period in the Indian Divorce Act, which is especially problematic for incurable STDs like HIV, arguing that this period is both impractical and unjust. Additionally, the ambiguity of terms like “virulent” in the Dissolution of Muslim Marriages Act leads to inconsistent interpretations and outcomes in the judicial process, creating uncertainty and potential injustice for affected individuals. The Parsi Marriage and Divorce Act’s stipulation that the petitioner must contract the disease before seeking divorce is another major concern, as it further exposes individuals to harm and fails to adequately protect their health and rights. These legislative inadequacies hinder the timely and fair resolution of marital disputes and do not sufficiently protect the well-being of individuals in affected marriages. To address these issues, the article proposes targeted reforms. These include eliminating the two-year waiting period for incurable diseases, providing a clear and precise definition of “virulent” in Muslim law, and distinguishing between curable and incurable diseases in all relevant personal laws. These recommendations aim to create a more responsive and equitable legal framework that aligns with contemporary medical knowledge and principles of social justice. The goal is to better protect individuals’ rights and health within marital relationships, ensuring a fairer and more compassionate legal approach to divorce on the grounds of STDs.

ADMINISTRATIVE DISCRETION AND ABUSE OF POWER: A CRITICAL ANALYSIS

AUTHOR – MUCHUKUND, VARDHMAN JOTHE & ANSH SHUKLA

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – MUCHUKUND, VARDHMAN JOTHE & ANSH SHUKLA, ADMINISTRATIVE DISCRETION AND ABUSE OF POWER: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 01-06, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Administrative discretion is an essential feature of modern governance. In a welfare state, the legislature cannot foresee every contingency or prescribe rigid rules for every administrative action. Therefore, discretionary authority is delegated to administrative authorities to ensure flexibility, efficiency, and responsiveness. However, discretion, if unchecked, can transform into arbitrariness, mala fide action, and abuse of power. The tension between administrative efficiency and constitutional safeguards lies at the heart of administrative law. This paper critically examines the concept of administrative discretion, its necessity, the legal principles governing its exercise, and the various forms of abuse of power. It further analyses judicial control mechanisms, especially in the Indian constitutional framework, and evaluates the evolving standards such as proportionality and reasonableness. The paper concludes by suggesting reforms to balance administrative autonomy with accountability.

CROSS-BORDER DATA TRANSFERS AND AI ANALYTICS: CHALLENGES UNDER EMERGING GLOBAL PRIVACY REGIMES

AUTHOR – DR. RAJEEV KUMAR SINGH* & GAUTAM GUPTA**

* ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – DR. RAJEEV KUMAR SINGH & GAUTAM GUPTA, CROSS-BORDER DATA TRANSFERS AND AI ANALYTICS: CHALLENGES UNDER EMERGING GLOBAL PRIVACY REGIMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1219-1224, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IZPY2027

Abstract

The growth of intelligence analytics is getting bigger and bigger and this is making a lot of data go back and forth across borders. Artificial intelligence systems need a lot of data that is updated all the time and this data often comes from many different countries.. Now there are new rules about privacy that are making it harder to move personal data around the world and this is causing a lot of confusion.

This paper looks at how artificial intelligence analytics and data that goes across borders work under the current rules about privacy. It examines the basics of who controls data what standards are good enough how to keep data safe when it is transferred and who is responsible for making sure data is handled correctly. The paper also looks at the problems that big companies and digital platforms are facing.

By comparing how different countries handle these issues the paper looks at the problems that come up when we try to balance ideas, economic growth and the right, to privacy. The paper says that we need to protect privacy. If we have too many different rules it could hurt the development of artificial intelligence and global digital trade.

The study suggests that we should have standards that’re the same everywhere ways for companies to comply with the rules that work together and models of governance that are based on risk. This way we can protect privacy. Still make progress with technology.

In the end we need to have rules that work together to deal with the fact that data analytics can happen anywhere while still respecting the rules of each country and the rights of humans. We need to make sure that artificial intelligence is governed in a way that’s sustainable. Artificial intelligence governance requires rules that work together across the world.

Keywords: Cross-Border Data Transfers, Artificial Intelligence (AI) Analytics, Global Privacy Regimes, Data Protection Compliance, Data Sovereignty, Data Localization, International Data Governance, Adequacy Decisions, Standard Contractual Clauses (SCCs), Algorithmic Accountability, Privacy-Enhancing Technologies (PETs), Human Rights and Data Protection, Regulatory Fragmentation, Digital Trade and AI, Transnational Data Regulation.

FROM TARIFFS TO TURBULENCE: TRADE POLICY AND FINANCIAL STABILITY IN INDIA’S BANKING SECTOR

 AUTHOR – GANDHALI RAMESH KHAMKAR, A STUDENT OF LLM 2^ND YEAR IN DES’ SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE (AFFILIATED WITH SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE)

BEST CITATION – GANDHALI RAMESH KHAMKAR, FROM TARIFFS TO TURBULENCE: TRADE POLICY AND FINANCIAL STABILITY IN INDIA’S BANKING SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1211-1219, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/DQOF8235

Abstract

When governments raise tariffs or impose sudden export restrictions, the immediate concern typically centres on trade competitiveness; however, the deeper consequence may lie elsewhere, in the stability of domestic banks. Trade regulation in India has historically operated through the Customs Act, 1962 and executive control over foreign commerce, shaped by commitments under the World Trade Organization and broader principles of international economic law. Banking stability, in contrast, is governed by the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949, and the Insolvency and Bankruptcy Code, 2016; frameworks designed to safeguard credit discipline, ensure capital adequacy, and preserve systemic resilience. These domains have evolved in parallel, institutionally and conceptually distinct, and are rarely examined as structurally interconnected within legal scholarship or regulatory design. Yet contemporary tariff escalations, retaliatory trade measures, export bans, carbon-border adjustments, and supply-chain realignments demonstrate that external trade shocks can significantly compress corporate revenues, disrupt export-dependent industries, intensify leverage stress, inflate non-performing assets, and accelerate insolvency proceedings. What begins as an instrument of economic diplomacy may therefore transmit volatility into bank balance sheets, credit markets, and broader financial stability indicators, affecting lending behaviour, capital provisioning, and risk-weight assessments. Despite this cascading effect, India’s macroprudential regulatory architecture does not explicitly categorise trade-policy volatility or geopolitical economic conflict as a systemic banking risk, nor does it formally integrate such disruptions into supervisory stress-testing frameworks or prudential oversight mechanisms. By tracing the doctrinal separation between trade governance and financial regulation, and analysing how tariff-induced corporate distress interacts with prudential norms, insolvency processes, and supervisory discretion, this article reconceptualizes trade policy as an internal generator of financial risk rather than merely an external economic tool. It argues for a more integrated regulatory approach in which financial supervisors anticipate and incorporate trade-policy shocks into systemic risk assessment, thereby rethinking the boundaries between international economic law and domestic banking stability in India.

Keywords: Banking Regulation, Financial Stability, Macroprudential, Systemic Risk, Tariffs, Trade Policy.