TRACING THE TRUTH: PRESERVATION AND DOCUMENTATION OF TOOLMARK EVIDENCE IN FORENSIC INVESTIGATIONS

AUTHOR – VANMATHI N, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – VANMATHI N, TRACING THE TRUTH: PRESERVATION AND DOCUMENTATION OF TOOLMARK EVIDENCE IN FORENSIC INVESTIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 587-601, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER-1

1.1 Introduction

In the realm of forensic science, toolmarks, the impressions or scratches left by tools on surfaces, are among the most compelling forms of physical evidence. Whether in cases of burglary, sabotage, or homicide, these marks can link a specific tool to a crime scene through unique wear patterns and microscopic imperfections. This ability to individualize a tool makes toolmarks powerful in criminal investigations^[1]. Yet, despite their evidentiary strength, toolmarks often receive less attention than fingerprints or DNA, even though they can help reconstruct events and reveal criminal intent.

In India, the significance of toolmarks has gained renewed focus with the enactment of the Bharatiya Nagarik Suraksha Sanhita 2023, which replaces the colonial-era Criminal Procedure Code. Under Section 106 of the BNSS, physical evidence like toolmarks must be scientifically documented and preserved to be admissible in court^[2]. This aligns with Article 21 of the Constitution, which guarantees due process and procedural fairness in criminal trials^[3].

Preserving toolmarks depends on the surface and type of mark. Common methods include high-resolution photography, silicone-based casting, and electrostatic lifting. Documentation, on the other hand, involves structured forensic reports, laboratory comparisons, and crime scene sketches. These practices are expected to follow international standards such as those set by the Association of Firearm and Toolmark Examiners^[4] and ISO 17025 accreditation protocols ^[5].

However, challenges persist. Many regional forensic labs in India lack access to advanced tools like 3D laser profilometers, and inconsistencies in documentation can jeopardize the integrity of evidence. Moreover, the absence of a centralized toolmark database hampers case comparison and judicial consistency. Addressing these gaps is not just a matter of forensic precision, it is essential for upholding constitutional justice and human rights, especially in custodial investigations. This study explores the legal admissibility of toolmarks under the BNSS and the Bharatiya Sakshya Adhiniyam^[6], critically evaluates current scientific practices for their preservation and documentation, and proposes reforms based on comparative legal systems. Strengthening the role of toolmarks in forensic reconstruction and courtroom decision-making requires standardized protocols, digital preservation, and greater judicial awareness.

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[1] Peterson, J., & Sommers, I. (2010). Forensic Evidence and Criminal Justice: Toolmarks and Their Role in Investigations. Journal of Forensic Sciences, 55(2), 345–356

[2] Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106. Government of India Gazette Notification.

[3] Constitution of India, Article 21 – Protection of Life and Personal Liberty.

[4] Association of Firearm and Toolmark Examiners (AFTE). (2023). AFTE Glossary and Standard Protocols for Toolmark Examination. AFTE Journal, 55(3), 210–225.

[5] ISO/IEC 17025:2017. General Requirements for the Competence of Testing and Calibration Laboratories. International Organization for Standardization; UK Forensic Science Regulator. (2024). Codes of Practice and Conduct for Forensic Science Providers.

[6] Bharatiya Sakshya Adhiniyam, 2023. Government of India Gazette Notification.
→ Governs admissibility of evidence in Indian courts, including toolmarks.

ADMISSIBILITY OF EVIDENCE IN CYBERCRIME COMPARATIVE ANALYSIS OF IEA AND BSA

AUTHOR – SABILA IFFATH SHUJATHULLAH, LLM [DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION] STUDENT AT THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – SABILA IFFATH SHUJATHULLAH, ADMISSIBILITY OF EVIDENCE IN CYBERCRIME COMPARATIVE ANALYSIS OF IEA AND BSA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 573-586, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

A paradigm change in evidentiary law has resulted from the growing incidence of cybercrime in the digital age, which has transformed the nature of criminal evidence. In terms of acknowledging the acceptability of electronic and digital records, India’s shift from the Indian Evidence Act, 1872 (IEA) to the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a significant modernisation. The legal framework controlling electronic evidence under the IEA, BSA, and Information Technology Act, 2000 (IT Act) is critically examined in this research study, emphasising how the law increasingly equates digital records with conventional documented evidence. The paper examines statutory sections that establish requirements for computer-generated outputs and certification, such as Sections 65A–65B of the IEA and Sections 62–63 of the BSA, through a doctrinal analysis.

The study also looks into court rulings that influenced the requirement for electronic evidence certification, such as Anvar P.V. v. P.K. Basheer (2014) and Arjun Panditrao Khotkar v. Kailash Gorantyal (2019). With a focus on the significance of chain of custody, expert testimony, and forensic validation, it also examines the changing procedural norms of digital material collection, preservation, authentication, and presentation. A convergent global trend towards technology-neutral admissibility is revealed by comparative insights from the US, UK, and EU (most notably the eIDAS Regulation, 2014).

Technical know-how, cross-border data retrieval, and privacy compliance with the Digital Personal Data Protection Act, 2023 remain obstacles despite legislative advancements. The study comes to the conclusion that institutional capacity building, forensic procedural standardisation, and judicial sensitisation to digital evidence are necessary for the successful implementation of the BSA. In order to ensure justice in a legal system that is becoming more and more digitalised, the study emphasises that the validity and dependability of cyber evidence depend not only on its technological origin but also on procedural integrity, legal conformance, and adherence to due process.

SCHOOL VICTIMIZATION AND INSTITUTIONAL RESPONSIBILITY: A LEGAL AND POLICY PERSPECTIVE

AUTHOR – SABILA IFFATH SHUJATHULLAH, LLM [DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION] STUDENT AT THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – SABILA IFFATH SHUJATHULLAH, SCHOOL VICTIMIZATION AND INSTITUTIONAL RESPONSIBILITY: A LEGAL AND POLICY PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 558-572, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In educational settings around the world, school victimization which includes peer bullying, harassment, teacher-to-student abuse, and other types of physical, psychological, or sexual harm remains a widespread problem with detrimental effects on students’ mental health, academic performance, and long-term wellbeing. This article critically examines the idea of victimization in schools, its manifestations (peer bullying, harassment, teacher-to-student violence, cyberbullying, etc.), and the role that educational institutions play in preventing, addressing, and correcting such harm. It does this by drawing on empirical, legal, and policy literatures. The research focuses on the duty of care that schools have to children, examining how institutional liability may be based on carelessness, willful indifference, or systemic policy flaws.

To determine when and how schools may be held accountable, important legal frameworks are examined, including statutory anti-bullying regulations, civil-law obligations, human rights and anti-discrimination statutes, and judicial precedents in various jurisdictions. Mandatory anti-bullying policies, institutional reporting and grievance procedures, awareness/training initiatives, and school-wide safety climates are among the policy tools that the article assesses. Additionally, it addresses barriers to effective institutional responsibility, such as definitional ambiguities, evidentiary hurdles, underreporting, and a lack of legal clarity, particularly in situations where current regulations may not be sufficient, such as cyberbullying or non-discrimination-based harassment.

The article concludes by outlining suggestions for enhancing institutional accountability, including more precise definitions of victimization, mandatory anti-bullying and anti-harassment policies, thorough reporting and investigation processes, training for school staff, and the incorporation of psychosocial support for victims. The paper makes the case that preventing student abuse is a legal and institutional responsibility that calls for thorough policy frameworks, execution, and accountability rather than just a disciplinary or moral issue.

ROLE OF A INDIVIDUAL PERSON IN CYBERSPACE REGULATION IN INDIA

AUTHOR – B P SWAROOP ARADHYA, LLM STUDENT, SCHOOL OF LAW, RAMAIAH UNIVERSITY OF APPLIED SCIENCES

BEST CITATION – B P SWAROOP ARADHYA, ROLE OF A INDIVIDUAL PERSON IN CYBERSPACE REGULATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 550-557, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/NDRC4697

ABSTRACT

As technology progressed in India, and as people started adopting technology to their daily life it becomes of utmost important for every person to understand the concepts of cyberspace, cybercrime, Artificial intelligence, cyberspace regulation. By 2030, India’s digital economy is projected to contribute nearly one-fifth of the country’s overall economy, outpacing the growth of traditional sectors. As we observe the society we notice that there is substantial increase in cyberspace activities as well as increase in cyberspace crime rates. So the regulation of cyberspace is necessary in the form of enacting laws, framing rules and regulations, by which the rights of a individual person is protected. And Individual person also have some responsibility towards cyberspace regulation which cannot be neglected. This article makes a effort to analyse the concept of cyberspace, cybercrime, the rights that are available to a individual person in cyberspace in India  and duties of a individual person in cyberspace regulation.

Keywords: Cyber space, Artificial Intelligence, Cyber Crime, Rights, Duties, Individual person

LAXMI V. UNION OF INDIA [(2014) 4 SCC 427] – CASE ANALYSIS – FAIR COMPENSATION TO ACID ATTACK VICTIMS

AUTHOR – APPOORVAA S, LL.M (CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION), SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – APPOORVAA S, LAXMI V. UNION OF INDIA [(2014) 4 SCC 427] – CASE ANALYSIS – FAIR COMPENSATION TO ACID ATTACK VICTIMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 537-549, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/SQCD2273

ABSTRACT

It is always said that women are physical and mentally weak. But this case proved this statement wrong. The landmark case of Laxmi vs. Union of India and Ors This case breather all notion of believing a myth that women are the weaker gender and the deep-rooted pattern of society to treat women as material. 

This landmark case of Laxmi v. Union of India redefined justice in India by transforming unbearable personal suffering into a beacon of constitutional hope. What began as a young woman’s cry for justice against an acid attack evolved into a movement that reshaped the nation’s understanding of equality, dignity, and the right to life. For the first time, the intervention of the Supreme Court under Articles 14, 15, and 21 of the Constitution extended the meaning of ‘right to life’ beyond mere existence and embraced the right to live with dignity, safety, and rehabilitation. The directions regarding regulation of acid sale, free medical treatment, and a uniform victim compensation scheme brought out an empathetic vision of the law, whereby humanity guided justice.

Through this judgment, specific penal provisions like Sections 326A and 326B IPC (now Section 124 BNS) and stronger mechanisms under the BNSS and Poisons Act came into being in India, ensuring deterrence with compassion. Laxmi v. UOI, therefore, represents the victory of resilience over cruelty and changes in law from retribution to restoration. It reminds us that the true purpose of the legal system is not only to punish the wrongdoer but to heal the wounded spirit. Put simply, this case transformed tears into legislation and pain into policy, restoring faith in justice with a human heart.

Keywords: Acid Attack, Victim Compensation, Right to Life and Dignity, Judicial Activism, Restorative Justice

LAW, JUSTICE AND SOCIETY WITH REFERENCE TO CHANGES IN CORPORATE  W.R.T JUVENILE JUSTICE ACT

AUTHOR – NUPUR ARGADE, LLM STUDENT AT DES’ SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE (AFFILIATED WITH SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE)

BEST CITATION – NUPUR ARGADE, LAW, JUSTICE AND SOCIETY WITH REFERENCE TO CHANGES IN CORPORATE  W.R.T JUVENILE JUSTICE ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 529-536, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

 The Juvenile Justice framework in India has undergone significant evolution, reflecting society’s growing understanding of child rights, rehabilitation, and restorative justice. Beginning with the Apprentices Act of 1850 which allowed courts to treat young offenders as apprentices rather than imprison them India has progressively advanced its child-centric legal approach. The Children Act of 1960 and subsequent reforms laid the foundation for a system aimed at care, protection, education, rehabilitation, and social reintegration of children in conflict with the law and those in need of care and protection. The Juvenile Justice (Care and Protection of Children) Act further strengthens these principles by adopting a child-friendly approach in the investigation and adjudication of cases, prioritizing the best interests and developmental needs of children. This examines the legal, social, and corporate perspectives surrounding juvenile justice, with particular focus on rising juvenile delinquency, the complex needs of young offenders many of whom are also victims and the persistent gaps in legal frameworks, implementation, and specialized workforce availability. The study highlights challenges such as inadequate educational interventions, limited rehabilitative resources, and insufficient societal awareness. It also offers recommendations to enhance juvenile justice mechanisms through stronger legal provisions, improved institutional capacity, and holistic rehabilitation strategies. Strengthening these systems is essential for ensuring effective reintegration and safeguarding the rights and futures of vulnerable children.

Keywords: Juvenile, Offenders, Juvenile Justice Board, Rehabilitation, Children, Society, Legal Framework.

JUDICIAL REVIEW AND COMMERCIAL DEVELOPMENT IN IRELAND AND THE UK: TRENDS & LEGAL CHANGES

AUTHOR – TADGH QUILL-MANLEY, STUDENT AT KING’S INNS

BEST CITATION – TADGH QUILL-MANLEY, JUDICIAL REVIEW AND COMMERCIAL DEVELOPMENT IN IRELAND AND THE UK: TRENDS & LEGAL CHANGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 514-528, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This article examines the evolving doctrine of legality in Irish planning law, with particular emphasis on commercial development, environmental assessment, and the increasing centrality of remittal in judicial review. Recent case law – including Crofton Buildings, Barford Holdings, Fitzpatrick & Daly and Malone & McEvoy – reveals a coherent judicial trend: courts are reinforcing strict compliance with statutory and EU-derived environmental obligations while simultaneously affirming the limits of judicial review through the statutory presumption of remittal. The analysis situates these developments within the broader context of the Planning and Development Act 2024 and the Planning and Development (Amendment) Act 2025, which together signal a significant reconfiguration of Ireland’s consent architecture while retaining core environmental responsibilities. The article also considers the persuasive influence of contemporary UK authorities such as Finch, Swire, Warley, Gerber and Fawcett Properties, highlighting points of convergence and divergence in approaches to environmental assessment, procedural fairness, and the certainty of planning conditions. Across these strands, a modernised doctrinal framework emerges – one grounded in legality, transparency, environmental integrity, and structured judicial oversight. This re-evaluation provides both a conceptual map and a practical guide for practitioners, policymakers and scholars navigating Ireland’s increasingly complex planning landscape.

Keywords: EU, Ireland, UK, Commercial Development, Case Law

RESERVATION: PROVIDING OR PREVENTING JUSTICE

AUTHOR – ADVOCATE SIYA, STUDENT AT DEPARTMENT OF LAW, PUNJABI UNIVERSITY, PATIALA

BEST CITATION – ADVOCATE SIYA, RESERVATION: PROVIDING OR PREVENTING JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 508-513, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/DKRO3417

INTRODUCTION

The spirit of equality pervades the provisions of the Constitution of India, as the main aim of the founders of the Constitution was to create an egalitarian society wherein social, economic and political justice prevailed and equality of status and opportunity are made available to all.^[1] Our forefathers while making the Constitution back in 1950 had a basic goal for the Constitution in mind and that was to provide the future generation a classless society. Caste-based reservation was a provision made just to compensate for the class system that dominated the traditional Indian society and to give a chance to the down trodden. It is one concept that has since beginning being taken in its wrong sense and till date followed in an abysmal manner. Rather than being an instrument of promoting equality it has become a major Roadblock for equality. And without transforming the vertical inequality in society into horizontal equality, democracy will have no meaning.^[2]

Originally reservations of seats in educational institutions and jobs in government and public sector services, etc were only about 22%, 20% for Scheduled Castes ( SCs) and 2% for Scheduled Tribes ( STs ). In 1989 by one stroke of the pen the then Prime Minister V.P.Singh added another 27.5 % for OBCs (Other Backward Castes e.g. Yadavs, Kurmis,etc ), by implementing the Mandal Commission Report, making a total of 49.5%.^[3] The whole constitution has been framed to the positive discrimination in favour of the down trodden but that itself promotes casteism while the depressed classes still don’t get social justice.

In this backdrop, the real question that arises is that has the goal of the Constitution makers been fulfilled, or the existence of system of reservation is like the existence of caste system in traditional India?  Have the down trodden been provided an access to justice or has their position further degraded? Is the Indian society in reality moving towards a classless society as the Constitution makers aimed at, or towards a further division of the society (in the Light of Hardik Patel’s demand for inclusion of Patidar caste in the OBC category, or the Jats to be provided a further reservation).  The goal of reservation in India has been to bring about an improvement in the welfare who, historically, have been economically and socially depressed. But, have they really benefitted or will they benefit in the future?

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[1] Available online at http://www.iasir.net Reservation Policy and Indian Constitution in India

[2] http://lawmin.nic.in/ncrwc/finalreport/v2b1-2ch9.htm

[3] http://justicekatju.blogspot.in/2015/04/caste-reservations-in-india-originally.html

BALANCING THE SCALES: AN ANALYTICAL EXAMINATION OF THE REHABILITATION AND PUNISHMENT FRAMEWORK IN INDIA’S JUVENILE JUSTICE SYSTEM

AUTHOR – GOPAL JEE TIWARI, STUDENT AT GAUTAM BUDDHA UNIVERSITY, UTTAR PRADESH

BEST CITATION – GOPAL JEE TIWARI, BALANCING THE SCALES: AN ANALYTICAL EXAMINATION OF THE REHABILITATION AND PUNISHMENT FRAMEWORK IN INDIA’S JUVENILE JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 492-507, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper provides an overall legal and socio-political analysis of the continuing debate between rehabilitation and punishment within the Indian juvenile justice framework. It follows the ideological development of the Indian system, from its colonial, welfare-oriented roots and progressing to a more advanced, rights-centred framework established by the Juvenile Justice (Care and Protection of Children)Act,2000, which is in accordance with global human rights norms. This analysis centres on the controversial shift towards a sticker approach represented by the Juvenile Justice (Care and Protection of Children) Act, 2015. Following a prominent and emotionally impactful criminal case, the 2015 Act established a measure allowing for the trial of juveniles between the ages of 16 and 18 as adults for “heinous” crimes. This paper contends that this shift towards harsher penalties, mainly influenced by public opinion and political convenience rather than data on juvenile crime patterns, signifies a notable setback. It diminishes the system’s ability to rehabilitate, goes against India’s constitutional principles regarding child welfare, and is in sharp opposition to the more effective restorative juvenile justice models used in various other regions. By thoroughly analysing legislative history, significant court rulings, statistical information from the National Crime Records Bureau, and a comparative study of global systems, this paper argues that the punitive provisions of the 2015 Act undermine efforts to decrease recidivism and promote long-term public safety. The conclusion emphasises the need for a refresh, evidence-driven approach to rehabilitative justice, urging changes in legislation, enhancing the support systems for care and reintegration, and promoting a wider societal perspective that views juvenile delinquency as a result of socio-economic challenge rather than a typical tendency towards crime.

THE ROLE OF IPR IN PROMOTING INNOVATION AND CREATIVITY

AUTHOR – SONAL KUMARI, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – SONAL KUMARI, THE ROLE OF IPR IN PROMOTING INNOVATION AND CREATIVITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 485-491, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract :

This research examines the importance of the Intellectual Property Rights (IPR) Act with regard to protecting innovation and creativity within industries across many different areas. The IPR Act provides a statutory legal framework whereby creators/inventors can have exclusive copyright and patent privileges, which encourage them to develop new products/services, as well as contribute to the economy through job creation, cultural advancement, etc. To assess how well the IPR Act does this, the researcher will evaluate how effective IPR protection has been in stimulating investment toward R&D and examining what effect it has had on different industries, e.g., tech (software; hardware), pharma (drugs), arts (music, films, etc.). As part of this analysis, the researcher will assess the challenges associated with enforcement of IPR – especially concerning digital distribution channels (e.g., torrenting, piracy), as well as examine the need to strike a proper balance between IPR protections vs. access to information. By conducting an exhaustive review of the research conducted thus far and gathering new empirical data, the researcher will provide evidence supporting the need for adequate IPR protections as part of fostering creativity and innovation in the 21st century; therefore, the researcher will also assess the ongoing need for adaptive IPR policies that take into account developments in technology that will support the continued development of innovation in various markets. The conclusion will highlight the continued necessity of the IPR Act as a driver of economic growth and the foundation for a healthy intellectual economy.