Category: Volume 5 and Issue 1 of 2025

     

ETHICAL LEADERSHIP AND ITS ROLE IN PREVENTING FINANCIAL FRAUD

AUTHOR – ADVIKA ADGAONKAR, STUDENT AT AMITY UNIVERSITY MUMBAI

BEST CITATION – ADVIKA ADGAONKAR, ETHICAL LEADERSHIP AND ITS ROLE IN PREVENTING FINANCIAL FRAUD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 536-547, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study focuses on how ethical leadership is important in preventing financial fraud by employees within an organization. Ethical leadership ensues when leaders and managers consider the needs of customers, employees and society over what is profitable to ensure transparency, fairness, accountability and integrity within an organization. It can increase motivation, reputation, and goodwill, bring in talented employees, and reduce financial losses. It helps in retaining talent and making the organization a safe place to voice opinions which in turn stimulates creativity and ideas.

Growing competition in the market leads to the need to achieve higher financial goals in a short period. This in turn results in employees resorting to fraudulent activities to achieve such high targets. In the long run, it reduces the organization’s image and trust in the eyes of the public. To avoid the downfall of an organization, leaders need to lead by example and build cohesion amongst their internal teams. Leaders who can create an environment that cultivates and highlights ethics at every stage of an employee’s journey in an organization can mitigate or nullify financial fraud and ensure longevity.

Keywords: Ethical Leadership, Transparency, Fairness, Accountability, Integrity, Motivation, Reputation, Goodwill, Longevity and Cohesion.

TOWARDS A MODEL FOR ALTERNATIVE PUNISHMENTS IN THE PALESTINIAN CRIMINAL JUSTICE SYSTEM IN THE LIGHT OF INTERNATIONAL EXPERIENCES

AUTHOR – ISSAM AL-ATRASH, DEPARTMENT OF CRIMINOLOGY AND LAW, AL-ISTIQLAL UNIVERSITY, PALESTINE. EMAIL: ESAM_AL_ATRASH@YAHOO.COM ORCID: 0009-0000-5811-3399

BEST CITATION – ISSAM AL-ATRASH, TOWARDS A MODEL FOR ALTERNATIVE PUNISHMENTS IN THE PALESTINIAN CRIMINAL JUSTICE SYSTEM IN THE LIGHT OF INTERNATIONAL EXPERIENCES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 514-522, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study aimed to identify a model of alternative punishments in the Palestinian criminal justice system in the light of international experiences, by identifying the nature of community surveillance, house arrest, quasi-freedom system, division of punishment, and postponement of the pronouncement of punishment, the researcher has used in his study the analytical approach and the comparative approach in order to reach a model of alternative punishments in the Palestinian criminal justice system in the light of international experiences, and the study has found the possibility of developing this model for alternative punishments in the Palestinian criminal justice system,  Accordingly, the study recommended the need for the Palestinian legislator to adopt the model of alternative penalties in the Palestinian criminal justice system by adding these forms to the Jordanian Penal Code No. 16 of 1960, which is applied in the West Bank, or singling out legislation for alternative penalties.

Keywords: Alternative punishments, criminal justice system, international experiences, model.

LIBERTY UNDER LAW: THE SIGNIFICANCE OF BAIL AS A FUNDAMENTAL RIGHT

AUTHOR – SOMOSHRI BANERJEE, LLM SCHOLAR AT JOGESH CHANDRA CHAUDHURI LAW COLLEGE

BEST CITATION – SOMOSHRI BANERJEE, LIBERTY UNDER LAW: THE SIGNIFICANCE OF BAIL AS A FUNDAMENTAL RIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 507-513, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Freedom, I say, is not  an absence of restraints; it is a composite of restraints. There is no liberty without order.            There   is no order without systematized restraint.

-Justice E. Barrett Prettyman, Former U.S. Judge

Bail, a legal mechanism that allows an accused person to be temporarily released from custody while awaiting trial, is fundamentally tied to the principles of justice and personal liberty. As a cornerstone of criminal jurisprudence, bail upholds the presumption of innocence—a key tenet of fair trial standards. The right to bail ensures that individuals are not unnecessarily deprived of their freedom prior to being found guilty of a crime, which would be a premature punishment. This concept is grounded in both constitutional and human rights frameworks, emphasizing that an accused must not be subjected to prolonged pretrial detention unless there is a valid and significant reason for denying bail, such as the risk of absconding, tampering with evidence, or threatening public safety.

In democratic societies, the right to bail is integral to preventing the arbitrary use of state power, ensuring that individuals are treated justly and equitably regardless of the accusations against them. By balancing the rights of the accused with the need to protect society, the judiciary plays a pivotal role in determining fair bail conditions. Despite its importance, debates around the accessibility of bail have surfaced, with concerns raised about discriminatory practices, excessive bail amounts, and inconsistencies in its application, particularly for marginalized communities. This paper examines bail as a fundamental right, exploring its legal basis, significance, and the challenges associated with its implementation. It argues that, while bail is essential for protecting individual liberty and ensuring fairness, reforms are needed to make the bail system more just and equitable. Through a critical analysis of legal provisions, judicial decisions, and case studies, this paper highlights the need for a more consistent and rights-focused approach to bail within modern legal systems.

BAIL IN THE JUSTICE SYSTEM: TYPES, PROCEDURES AND CONSTITUTIONAL RIGHTS

      AUTHOR – SOROKHAIBAM SATYAJYOTI SINGH* & DR. S. JAMES**

*PHD RESEARCH SCHOLAR, DEPARTMENT OF LAW, MANIPUR INTRANATIONAL UNIVERSITY, IMPHAL, MANIPUR, INDIA, EMAIL: SATYAJYOTI.SOROKHAIBAM1@GMAIL.COM

** PROFESSOR, DEPARTMENT OF LAW. MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR, INDIA EMAIL: DRJAMES835@GMAIL.COM

BEST CITATION – SOROKHAIBAM SATYAJYOTI SINGH & DR. S. JAMES, BAIL IN THE JUSTICE SYSTEM: TYPES, PROCEDURES AND CONSTITUTIONAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 523-535, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The concept of bail, which is a basic part of the Indian criminal jurisprudence and it is well recognized principle among all the judicial systems of the world. Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security. Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest.

ENHANCING CRIMINAL JUSTICE THROUGH FORENSIC SCIENCE WITH REFERENCE TO THE NORTHEAST STATE OF MANIPUR

AUTHOR – SOROKHAIBAM SATYAJYOTI SINGH* & DR. S. JAMES**

*PHD RESEARCH SCHOLAR, DEPARTMENT OF LAW, MANIPUR INTRANATIONAL UNIVERSITY, IMPHAL, MANIPUR, INDIA, EMAIL: SATYAJYOTI.SOROKHAIBAM1@GMAIL.COM

** PROFESSOR, DEPARTMENT OF LAW. MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR, INDIA EMAIL: DRJAMES835@GMAIL.COM

BEST CITATION – SOROKHAIBAM SATYAJYOTI SINGH & DR. S. JAMES, ENHANCING CRIMINAL JUSTICE THROUGH FORENSIC SCIENCE WITH REFERENCE TO THE NORTHEAST STATE OF MANIPUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 500-506, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study investigates the role of forensic science in enhancing the criminal justice system in the northeastern state of Manipur. By examining the implementation of various forensic techniques including DNA analysis, ballistics, and digital evidence recovery, and the research highlights their effectiveness in solving crimes and improving the accuracy of investigations. Through an analysis of recent case studies from Manipur, the paper illustrates how these scientific methods have led to significant breakthroughs in criminal cases, resulting in increased conviction rates and greater public trust in law enforcement. Despite the promising impact of forensic science, the study also addresses key challenges, such as inadequate forensic infrastructure, lack of training for criminal investigators, and the need for stronger inter-agency collaboration. The findings underscore the necessity for strategic improvements in forensic capabilities, including investment in technology and ongoing professional development for law enforcement personnel. Ultimately, the paper advocates for a comprehensive approach to integrating forensic science into the criminal justice framework, aiming to foster a more transparent, effective, and just legal system in Manipur. Findings indicate that the integration of forensic science, including DNA profiling, digital forensics, and ballistic analysis, significantly aids in solving violent crimes and improving case resolution rates. Moreover, the study highlights the existing gaps in forensic infrastructure and expertise in Manipur, emphasizing the need for state investment in training and technology.

The implications of this research suggest that enhancing forensic capabilities not only strengthens law enforcement efficacy but also restores public confidence in the criminal justice system.

Keywords: Forensic Science, Criminal Justice, DNA Profiling, Digital Forensics, technology.

LEGAL ASPECTS OF CORPORATE SOCIAL RESPONSIBILITY: A COMPARATIVE ANALYSIS OF INDIA AND OTHER COUNTRIES

AUTHOR- MRS. PRIYANKA SINGH, LLM SCHOLAT AT BUSINESS LAW, CALCUTTA UNIVERSITY

BEST CITATION – MRS. PRIYANKA SINGH, LEGAL ASPECTS OF CORPORATE SOCIAL RESPONSIBILITY: A COMPARATIVE ANALYSIS OF INDIA AND OTHER COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 492-497, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Corporate Social Responsibility (CSR) has evolved over the past few decades from being a voluntary practice to a significant component of corporate governance, with businesses being increasingly expected to contribute positively to society beyond mere profit generation. CSR refers to the ethical obligations of businesses to engage in actions that benefit the broader society, such as environmental sustainability, human rights, employee welfare, community development, and poverty alleviation. The growing global concern over social, economic, and environmental issues has prompted governments and organizations to integrate CSR practices into legal frameworks.

India stands out as one of the few countries with a mandatory CSR framework, introduced through the Companies Act of 2013, which requires qualifying companies to allocate a portion of their profits to socially beneficial activities. This mandatory nature of CSR in India has sparked significant debate on its effectiveness in driving sustainable corporate practices. In contrast, most countries, including the United States, European Union member states, and several emerging economies, have adopted voluntary CSR guidelines, incentivizing businesses to contribute towards social good through non-binding frameworks or tax benefits.

This article explores the legal aspects of CSR, focusing on India’s pioneering mandatory CSR law while conducting a comparative analysis with other countries’ approaches. It examines the evolution of CSR laws, the challenges faced by businesses in adhering to these regulations, and the effectiveness of different legal frameworks in fostering corporate responsibility. By doing so, it seeks to shed light on the emerging role of CSR as an essential tool for achieving sustainable development goals across diverse regions.

Keywords- CSR Legal Framework, Corporate Governance, CSR and sustainable development, Global CSR Practices, CSR Regulation Comparison, Corporate responsibility in Global Context.

RIGHT TO PROPERTY AS NATURAL RIGHT- A CRITICAL STUDY

AUTHOR – STUTI HASMUKH OSWAL, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – STUTI HASMUKH OSWAL, RIGHT TO PROPERTY AS NATURAL RIGHT- A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 484-491, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Diving deep into the paradigm of natural rights to unravel the intricate tapestry of property rights. The historical journey begins with John Locke in the 17^th century. The most famous social contract theorists, John Locke, argued that the right to property is a natural right that is derived from the right to self-ownership. India initially recognized the right to property as a fundamental right in its constitution in 1950. However, this right was downgraded to a constitutional right by the 44^th Amendment Act, 1978, which allowed the government to regulate property rights for public welfare and land forms. The current status of the right to property as a natural right is marked by complexity and controversy. While the right to property is acknowledge is numerous global legal systems, its recognition as an inherent natural right remains inconsistent.The research inquires into probing the boundaries, limitation and the intricate relationship between individual property rights and the broader interests of society. This research is to investigate the challenges surrounding the right to property as a natural right and addressing issues such as balance between individual ownership and public interest along with the intersection of property rights with economic inequality in global context. The hypothesis of this critical study on the right to property as a natural right asserts that property rights have evolved significantly over time, influence by societal needs and evolving legal systems. The property rights are subject to increasing limitations to address concerns like environmental sustainability and economic inequality. It anticipates that a critical examination will reveal the resilience of property rights in balancing individual liberties with contemporary societal demands.  

Key Words: Right to property, John Locke, fundamental human right, economic inequality, 44^th Amendment Act, 1978.

RIGHT TO BAIL IN INDIA

 AUTHOR – MANISH TRIPATHI, STUDENT AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH.

BEST CITATION – MANISH TRIPATHI, RIGHT TO BAIL IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 472-483, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The right to bail in India is a fundamental legal principle that safeguards personal liberty and ensures that an accused person is not unjustly detained before trial. Rooted in constitutional guarantees under Article 21, statutory provisions in the Code of Criminal Procedure, 1973 (CrPC), and judicial precedents, bail serves as a balance between individual rights and the broader interests of justice. While Indian courts have upheld bail as a rule rather than an exception, delays in the judicial process, stringent conditions in special laws, and the discretionary nature of bail decisions often lead to prolonged pre-trial detention, particularly for marginalized individuals.

Judicial interpretations, including landmark cases like Maneka Gandhi v. Union of India (1978) and Arnesh Kumar v. State of Bihar (2014), have emphasized the need for a liberal and rights-based approach to bail. However, special laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA) impose stringent bail conditions, making it difficult for accused individuals to secure release. A comparative analysis with international bail systems highlights the need for reforms in India’s bail laws, ensuring a more consistent, transparent, and accessible approach to pre-trial release.

KEYWORDS – Right to Bail, Personal Liberty, Criminal Procedure Code (CrPC), Article 21, Judicial Interpretation, Pre-Trial Detention, Special Laws, Fundamental Rights, Presumption of Innocence, Bail Reforms.

BAIL AND JUDICIAL DISCREATION

AUTHOR – MOHAMMAD AZEEM CHAUDHARI, STUDENT AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH.

BEST CITATION – MOHAMMAD AZEEM CHAUDHARI, BAIL AND JUDICIAL DISCREATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 454-464, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bail is a fundamental aspect of criminal jurisprudence that upholds the principle of personal liberty while ensuring the accused’s presence during the trial. Judicial discretion plays a pivotal role in granting or denying bail, balancing individual rights with societal interests. However, the exercise of discretion often leads to inconsistencies due to varying judicial interpretations, legal precedents, and the nature of the offense. This research paper examines the legal framework of bail, the factors influencing judicial discretion, landmark judgments, and comparative perspectives from other jurisdictions. The study also explores technological advancements in bail proceedings and highlights the need for a more standardized and equitable approach to bail jurisprudence. The analysis underscores the importance of judicial accountability, procedural fairness, and legal reforms to ensure that bail decisions remain just, transparent, and aligned with constitutional principles.

KEYWORDS:- Bail, Judicial Discretion, Criminal Justice, Personal Liberty, Pre-trial Detention, Legal Framework, Bail Reforms, Landmark Judgments, Judicial Precedents, Procedural Fairness.

INDIGENOUS RIGHTS AND ENVIRONMENTAL POLICIES: A CASE STUDY ON THE IMPACT OF LAND RIGHTS ON FOREST CONSERVATION IN MANIPUR

AUTHOR – LAISHRAM SANJEET* & DR. S. JAMES**, PHD RESEARCH SCHOLAR, DEPARTMENT OF LAW* & PROFESSOR AND DEAN, SCHOOL OF LAW AND DEFENCE & & STRATEGIC STUDIES**, MANIPUR INTERNATIONAL UNIVERSITY

BEST CITATION – LAISHRAM SANJEET & DR. S. JAMES, INDIGENOUS RIGHTS AND ENVIRONMENTAL POLICIES: A CASE STUDY ON THE IMPACT OF LAND RIGHTS ON FOREST CONSERVATION IN MANIPUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 444-453, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Manipur, a state located in the northeastern region of India, is known for its rich biodiversity, unique cultural heritage, and diverse indigenous communities. The forests of Manipur are vital not only for maintaining ecological balance but also for supporting the livelihood, culture, and traditions of its indigenous peoples, such as the Meitei, Naga, and Kuki communities. These communities have historically lived in harmony with their surroundings, relying on the forest for agricultural practices, medicinal plants, Non-Timber Forest Products (NTFPs), and spiritual well-being.