“RETAINING DEATH: A CRITICAL ANALYSIS OF CAPITAL PUNISHMENT IN INDIA’S EVOLVING LEGAL FRAMEWORK”

AUTHOR – SRI PRAGADHIRR T R, ACADEMICIAN/ADVOCATE, CENTRAL UNIVERSITY OF TAMIL NADU

BEST CITATION – SRI PRAGADHIRR T R, “RETAINING DEATH: A CRITICAL ANALYSIS OF CAPITAL PUNISHMENT IN INDIA’S EVOLVING LEGAL FRAMEWORK”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 356-426, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RGPP1404

ABSTRACT

The replacement of the Indian Penal Code (1860) and the Code of Criminal Procedure (1973) with the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 marks a major shift in India’s criminal justice framework. A key change is the expansion of offences punishable by the death penalty from 12 to 16, raising serious concerns about the increased risk of wrongful executions. This concern is amplified by the 2019 amendment to the POCSO Act, which introduced harsher punishments for child sexual offences without adequately addressing the potential for tutored testimony from child witnesses.

These developments come amid systemic issues in the Indian Criminal Justice System, including procedural delays, lack of pre-trial safeguards, inadequate legal representation, and socio-economic disparities that disproportionately impact poor and marginalized individuals. Notably, people from disadvantaged backgrounds face higher sentencing rates and often lack access to effective legal remedies, making the death penalty a tool of class-based discrimination.

This study critically examines whether recent legal changes heighten the risk of unjustified executions and explores the influence of socio-economic status in capital sentencing. It also compares India’s stance with countries that have abolished or retained the death penalty, analysing differences in legal reasoning and safeguards. In light of the global trend toward abolition 112 countries by 2023 India’s retention of capital punishment calls for urgent re-evaluation. This research argues for a reconsideration of the death penalty in India through the lens of fairness, proportionality, and human rights.

PROTECTION OF MINORITY SHAREHOLDERS: A LEGAL ANALYSIS IN INDIA

AUTHOR – MENAKA SAPAM & SNEHA J

LLM STUDENTS AT DEPARTMENT OF LAW, CENTRAL UNIVERSITY OF TAMIL NADU, THIRUVARUR

BEST CITATION – MENAKA SAPAM & SNEHA J, PROTECTION OF MINORITY SHAREHOLDERS: A LEGAL ANALYSIS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 350-355, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The protection of minority shareholder rights has become increasingly significant in India’s evolving corporate landscape, where strong governance and transparency are essential for maintaining investor confidence. With rapid economic growth and rising foreign investment, safeguarding minority shareholders who often lack the power to influence corporate decisions has gained renewed importance. The Companies Act, 2013 serves as the primary legal framework for protecting minority interests, outlining their fundamental rights and providing remedies against oppression and mismanagement. Through provisions that allow shareholders to approach the National Company Law Tribunal (NCLT), the Act offers effective mechanisms to challenge unfair practices by majority shareholders or corporate management.

Despite the strength of the statutory framework, practical challenges continue to limit its effectiveness. Lengthy procedures, complex litigation processes, and delays in dispute resolution often discourage minority shareholders from seeking remedies. Additionally, limited awareness of legal rights and available protections further contributes to their vulnerability within corporate structures. This paper argues that while India’s legal system provides substantial protections on paper, these protections require more efficient implementation. Strengthening regulatory oversight, simplifying procedures, accelerating dispute resolution, and increasing awareness can enhance the system’s effectiveness. Doing so will promote a more equitable and transparent corporate environment that upholds the rights and interests of all shareholders.

Key words: Minority shareholder, Oppression and Mismanagement, Fundamental rights, Shareholder rights.

FORENSIC TOOLMARK ANALYSIS OF 3D IMAGING APLLICATION IN BURGLARY CASE

AUTHORS – ABINAYA S* & R G SUGITHKUMAR**

* LL.M. 2ND YEAR (CRIME & FORENSICS LAW), SOEL (SCHOOL OF EXCELLENCE IN LAW), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

** BCA LLB (HONS) LLM (CRIMINAL LAW), LAW FACULTY, SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ABINAYA S & R G SUGITHKUMAR, FORENSIC TOOLMARK ANALYSIS OF 3D IMAGING APLLICATION IN BURGLARY CASE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 338-349, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/PNUY4319

ABSTRACT :

The integration of 3D imaging technologies in forensic toolmark analysis represents a paradigm shift in burglary investigation methodologies. This doctrinal research examines the application of 3D Imaging toolmark analysis in burglary investigations, exploring its scientific foundations, legal admissibility, and practical implementation challenges within the Indian criminal justice framework. Toolmark evidence has historically been critical in linking suspects to burglary crime scenes, as perpetrators frequently employ tools such as crowbars, screwdrivers, and bolt cutters to force entry. However, traditional two-dimensional microscopic comparison methods have faced criticism for their subjective nature and lack of statistical validation.

This study investigates how emerging 3D surface topography technologies—including confocal microscopy, focus variation microscopy, and coherence scanning interferometry—provide objective, quantifiable methods for toolmark comparison with enhanced accuracy and reproducibility. The research analyzes validation studies demonstrating false-positive error rates below 1% and classification accuracies exceeding 96% for 3D-based algorithms. Within the Indian legal context, the study examines the admissibility of such evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), particularly Section 39 governing expert opinion, and the mandatory forensic investigation provisions under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The findings suggest that while 3D toolmark analysis offers significant improvements in objectivity and statistical rigor, its implementation in India faces challenges including infrastructure limitations, standardization requirements, and judicial unfamiliarity with emerging forensic technologies.

Keywords: 3D Imaging Toolmark Analysis, Burglary Investigation, Forensic Science, Bharatiya Sakshya Adhiniyam, Evidence Admissibility, Crime Scene Investigation

FORENSIC TOXICOLOGY AND DRUG RELATED CRIME INVESTIGATION: CHALLENGES AND RESPONSES

AUTHOR – MAHALAKSHMI V, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MAHALAKSHMI V, FORENSIC TOXICOLOGY AND DRUG RELATED CRIME INVESTIGATION: CHALLENGES AND RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 327-337, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Forensic Toxicology became important for drug and poison detection, analysis, and interpretations in the criminal justice system. In modern India, with an increasing number of drug-related crimes ranging from narcotics trafficking, overdoses to drug-facilitated sexual assaults, and a high magnitude of scientific investigations has become an immediate need. Forensic toxicology, thus, helps determine the presence, quantity, and effects of an intoxicating substance in a biological sample, utilizing the latest advances in analytical techniques such as GC-MS (Gas Chromatography – Mass Spectrometry), LC-MS (Liquid Chromatography-Mass Spectrometry), and immunoassays. Yet, integration of toxicological evidence into legal proceedings is surrounded by challenges. Various considerations such as admissibility of evidence, chain of custody, and reliability of testimony by an expert sometimes tend to weigh heavily on the evidentiary value of toxicological reports in a country or state of law. Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and The Bharatiya Sakshya Adhiniyam (BSA), 2023, such toxicological results are crucial for prosecution; yet, inappropriate procedural measures frequently diminish their probative significance. Also, the onset of synthetic and designer drugs has created newer challenges for forensic labs that are unable to match up with the fast turnaround of scientific innovations. This paper tries to understand forensic toxicology from a scientific and legal perspective in drug-related crimes, especially vis-a-vis the statutory provisions of Indian law and judicial pronouncements, along with comparative analysis drawn from other jurisdictions. It also highlights ethical issues regarding privacy and consent in toxicological testing and investigates requisite policy changes that will firm up forensic infrastructure in India. The study thereby ultimately asserts that the synergy between forensic science and criminal law is necessary for practically and fairly investigating, trying, and punishing in cases of drugs and toxic substances.

Keywords: Forensic Toxicology, Drug-Related Crimes, NDPS Act, Evidentiary Value, Criminal Justice

THE ROLE OF FORENSIC EXPERTS IN PROVIDING TESTIMONY IN TOOL MARK AND TRACK EVIDENCE IN INDIA

AUTHOR – MAHALAKSHMI V, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MAHALAKSHMI V, THE ROLE OF FORENSIC EXPERTS IN PROVIDING TESTIMONY IN TOOL MARK AND TRACK EVIDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 314-326, APIS – 3920 – 0001 & ISSN – 2583-2344.

Chapter – I

Introduction and Research Design

1.1. Introduction to Tool Mark and Track Evidence

Tool mark and track evidence belong to the category of physical and trace evidence. Tool marks are typically classified as either impression marks (created when a tool is pressed into a softer surface) or striation marks (created when a tool slides or scrapes across a surface). Track evidence, particularly footwear and tire impressions, similarly captures the unique physical details of the object that created the impression.^[1] The underlying scientific justification for their use is rooted in the core tenets of forensic science: Locard’s Exchange Principle and the Principle of Individuality.^[2] The expert’s task is to analyse these marks, determine their origin, and link them to a specific known tool or object, thereby providing objective scientific data to aid the court in establishing facts.^[3]

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[1] R. Menon, Trace Evidence: A Guide for Investigators (Global Press 2015).

[2] Edmond Locard, L’Enquête Criminelle et les Méthodes Scientifiques (Ernest Flammarion 1920) (foundational exchange principle), available at https://criminocorpus.org/fr/ref/113/2555/ (last accessed Nov. 28, 2025).

[3] V. P. Singh, Delays in Forensic Reporting: A Barrier to Timely Justice in India, 8 Nat’l J. Forensic Sci. 45, 45-58 (2019).

EXPLORING ACCESS TO JUSTICE THROUGH THE FUNCTIONING OF LEGAL AID SERVICES AUTHORITIES IN INDIA

AUTHOR – ANUJ WANKHADE, RESEARCH SCHOLAR AT VISHWAKARMA UNIVERSITY, PUNE

BEST CITATION – ANUJ WANKHADE, EXPLORING ACCESS TO JUSTICE THROUGH THE FUNCTIONING OF LEGAL AID SERVICES AUTHORITIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 298-313, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YLFM5109

Abstract

Access to justice, recognised as a fundamental human right and guaranteed under Articles 14, 21, and 39A of the Constitution of India, is key to maintaining a democratic and rule-based society. However, India continues to face significant challenges in providing equitable access to its legal system for a population exceeding 1.21 billion. NJDG records show nearly 44.7 million pending cases before District and Taluka courts, indicating that only about four per cent of the population interacts with the justice system at any time. Socio-economic barriers, low legal awareness, high litigation costs, and poor quality of legal representation remain critical obstacles preventing marginalised and vulnerable groups from receiving timely and effective remedies. The Legal Services Authorities Act, 1987, aims to fill these gaps by creating a multi-level network of legal aid institutions at the national, state, district, and taluka levels. Through mechanisms such as Lok Adalats and specialised programs for disaster victims, human trafficking survivors, acid attack victims, undertrial prisoners, senior citizens, and women, the Act encourages accessible and affordable justice. Judicial recognition, notably in Anita Kushwaha v. Pushpa Sudan (2016), further reinforces the constitutional obligation of access to justice. Despite these efforts, numerous challenges, geographical barriers, bureaucratic delays, socio-economic disadvantages, low legal literacy, and inconsistent quality of legal aid continue to impede effective implementation. This research investigates the functioning, impact, and limitations of legal aid authorities in India, assesses their capacity to realise the goal of “Access to Justice for All,” and suggests reforms to strengthen the legal aid system.

Keywords: Access to Justice, Human Rights, Constitution of India, Legal Services Authorities Act, Lok Adalats, Human Trafficking, Undertrial Prisoners

DISCHARGE OF SURETY

AUTHOR – CHANAKYA DESAI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA SIU

BEST CITATION – CHANAKYA DESAI, DISCHARGE OF SURETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 293-297, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Contract of indemnity and contract of guarantee, both are specific contracts and motive of these both is to protect the plaintiff or any other person from loss. In indemnity, indemnifier himself or any third party will recover the loss there is no obligations; but in guarantee, surety should had obligations to recover loss. The main function in the guarantee is to recover the loss or payment of debt etc; will be paid by surety to the creditor, which should have been given by principal debtor. This duty of the surety can also be discharged. Discharge of the surety means discharging of the surety from his obligations, when by any variance made without the surety consent, in terms of the contract between principal debtor and the creditor. Not only that but there are many other ways to discharge the surety which is mentioned in Indian contract act, 1872 from section 133 – 139.

ARTIFICIAL INTELLIGENCE AND AUTHORSHIP: RETHINKING COPYRIGHT LAW IN INDIA

AUTHOR – DIKSHA KUMARI & SUDHANSHU KUMAR

STUDENTS AT AMITY UNIVERSITY, PATNA

BEST CITATION – DIKSHA KUMARI & SUDHANSHU KUMAR, ARTIFICIAL INTELLIGENCE AND AUTHORSHIP: RETHINKING COPYRIGHT LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 282-292, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid evolution of Artificial Intelligence (AI), especially generative AI systems capable of producing literature, music, art, and software code, has fundamentally challenged traditional copyright norms premised on human creativity and original expression. The Indian Copyright Act, 1957, drafted in a pre-algorithmic era, presupposes the existence of a human author as the source of intellectual labour and creativity. With AI now autonomously generating complex works, the Indian copyright regime faces a doctrinal vacuum regarding the status of such works and the attribution of authorship. This article examines whether AI can or should be considered an author within the meaning of Section 2(d) of the Act, drawing upon comparative jurisprudence from the United States, United Kingdom, European Union, and Australia. It discusses foundational concepts of originality, fixation, human authorship, and the incentive theory underpinning copyright law. The article critically evaluates the limited Indian jurisprudence and the brief recognition (and subsequent withdrawal) of an AI system as a copyright author by the Indian Copyright Office. It further explores the competing models of ownership, including programmer-centric, user-centric, corporate-centric, and public-domain approaches, and their policy implications. Finally, it proposes a structured framework for legislative reform, advocating for a hybrid model that recognises the human role in AI-generated works while preventing over-monopolisation of creative outputs. The study concludes that India must modernise its copyright framework by acknowledging AI’s growing role in creative production while preserving the foundational values of authorship, originality, and public interest.

DEVELOPMENT OF SUI GENERIS SYSTEMS IN INTELLECTUAL PROPERTY LAW

AUTHOR – WAQUI ANWAR &JAYESH KUMAR

STUDENTS AT AMITY UNIVERSITY, PATNA

BEST CITATION – WAQUI ANWAR &JAYESH KUMAR, DEVELOPMENT OF SUI GENERIS SYSTEMS IN INTELLECTUAL PROPERTY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 274-277, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Intellectual Property Rights (IPR) have evolved from a traditional framework of patents, copyrights, trademarks, and industrial designs to include a spectrum of rights recognized through sui generis protections. The term sui generis, meaning “of its own kind”, refers to legal mechanisms designed specifically to safeguard subject matters that do not fit neatly within the contours of classical IPR regimes. The proliferation of new technologies, the recognition of indigenous knowledge, biodiversity concerns, plant varieties, semiconductor chips, and databases have necessitated specialized legal structures. This research paper examines the conceptual foundation and historical development of sui generis systems, their necessity in modern intellectual property discourse, and their interaction with global norms, especially under the TRIPS Agreement. The paper explores the evolution of sui generis protection mechanisms in multiple domains, evaluates their strengths and limitations, and analyses how diverse jurisdictions—including India, the United States, and the European Union—have crafted distinct approaches. It further highlights contemporary debates around data governance, artificial intelligence innovations, bio-digital genetic resources, and the challenges of harmonization. Ultimately, the paper demonstrates that sui generis systems reflect the dynamism of intellectual property law and serve as a crucial bridge between traditional legal instruments and emerging socio-economic realities

SMART CONTRACTS & LEGAL VALIDITY IN INDIA:   A TICKING TIME BOMB FOR TRADITIONAL AGREEMENTS!

AUTHOR- YUVRAJ SINGH* & ANISHA SHAIKH**

* STUDENT AT BHARATI VIDYAPEETH (DEEMED TO BE UNIVERSITY) NEW LAW COLLEGE, PUNE

** PROFESSOR AT BHARATI VIDYAPEETH (DEEMED TO BE UNIVERSITY) NEW LAW COLLEGE, PUNE

BEST CITATION – YUVRAJ SINGH & ANISHA SHAIKH, SMART CONTRACTS & LEGAL VALIDITY IN INDIA:   A TICKING TIME BOMB FOR TRADITIONAL AGREEMENTS!, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 257-262, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/EVYM9839

Abstract

The arrival of contracts which are smart has brought a pattern shift in the way agreements are carried off in terms of their performance as well as their implementation. Basically, the smart contracts run on a block chain type of codes, which means that they can also be called as a self-executing contracts because they emerge up with promising features of being efficient, transparent, and most importantly they reduce the dependency on intermediaries. However, in India there are certain growing issues in terms of the adoption of such smart contracts leading to legal and regulatory questions arising.

Now, obviously when smart contracts come up with such efficient automated code driven contracts so talking about the traditional agreements which are long governed by well-established legal framework, definitely may face certain challenges in terms of their interpretation, enforceability and also the comparison with the contracts which are smart. This article focuses and explores the legal validity of smart contracts in India, also diving deep and examining their true potential to break the common practices of traditional agreements and try to fill up the regulatory gaps that exist. Now, by analyzing the current legal scenario and expected future challenges, it aims to provide awareness into whether smart contracts are truly a revolutionary tool or a ticking time bomb for the traditional agreements.