Category: Volume 5 and Issue 10 of 2025

THE ROLE OF LAW ENFORCEMENT AGENCIES IN COMBATING WHITE-COLLAR CRIME IN INDIA AND THE EFFECTIVENESS OF THE INDIAN LEGAL SYSTEM IN PROSECUTING WHITE-COLLAR CRIMINALS

AUTHOR – APOORV NEGI, STUDENT AT AMITY LAW SCHOOL, NOIDA, UTTARPRADESH

BEST CITATION – APOORV NEGI, THE ROLE OF LAW ENFORCEMENT AGENCIES IN COMBATING WHITE-COLLAR CRIME IN INDIA AND THE EFFECTIVENESS OF THE INDIAN LEGAL SYSTEM IN PROSECUTING WHITE-COLLAR CRIMINALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 543-557, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study comprehensively examines The Role of Law Enforcement Agencies in Combating White-Collar Crime in India and the Effectiveness of the Indian Legal System in Prosecuting White-Collar Criminals. With the increasing complexity and magnitude of white-collar crimes in India—ranging from corporate fraud, embezzlement, insider trading, and money laundering to cybercrime—this research evaluates the institutional, legal, and procedural frameworks designed to combat such offenses. It critically analyses the functionality of enforcement agencies like the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), Serious Fraud Investigation Office (SFIO), and Income Tax Department, emphasizing their mandates, inter-agency coordination, and investigative capabilities. Additionally, it explores the challenges these agencies face, including jurisdictional overlaps, political interference, inadequate resources, and lack of specialized training. The legal framework is explored through the lens of core legislations such as the Indian Penal Code (IPC), Prevention of Corruption Act, 1988, Companies Act, 2013, Prevention of Money Laundering Act (PMLA), 2002, and the Information Technology Act, 2000, as well as sector-specific laws like the SEBI Act and the Income Tax Act. This research identifies critical gaps and overlaps in existing laws, analyzes procedural hurdles including evidentiary burdens, judicial delays, and evaluates the performance of special courts like those under the CBI and PMLA. Drawing from high-profile case studies, conviction trends, and comparative insights from jurisdictions like the USA, UK, and Singapore, the study suggests actionable reforms in legislative drafting, institutional training, technological adoption, and the protection of whistleblowers. The research concludes that while the Indian legal system has made strides in addressing white-collar crimes, there is a pressing need for systemic reform, better coordination, enhanced forensic capabilities, and judicial accountability to ensure timely and effective prosecution.

Keywords: White-Collar Crime, Law Enforcement, India, Legal Framework, CBI, ED, PMLA, Judicial Delays, Corporate Fraud, Cybercrime, Whistleblower Protection, Investigative Techniques, Special Courts, Conviction Rates, Legal Reform.

PUBLIC OPINION ON SUBSIDY FOR AGRICULTURAL ACTIVITIES IN INDIA

AUTHOR – LOGESH P, STUDENT AT SAVEETHA SCHOOL OF LAW

BEST CITATION – LOGESH P, PUBLIC OPINION ON SUBSIDY FOR AGRICULTURAL ACTIVITIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 531-542, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Implementation of agricultural subsidy in our economy would definitely boost up our economics development by several times .However,there are certain factors to be considered like the literacy rate of the people and the poverty rate.The main objectives of the study is to analyze the subsidies applicable for farmers in india and to discuss public opinion on agricultural subsidies in india.The researcher has followed the empirical research method using convenient sampling method.The sample size of the study is 55.The result observed from the study is that most people are aware about agricultural subsidies in India and also agree that agricultural subsidies is helpful to agricultural development sector.

KEYWORDS: Agricultural , subsidy , development , India, sector

FINTECH AND DATA PRIVACY: INDIA’S LEGAL LAG

AUTHOR – ARYAN NANDA, STUDENT AT AGNEL SCHOOL OF LAW

BEST CITATION – ARYAN NANDA, FINTECH AND DATA PRIVACY: INDIA’S LEGAL LAG, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 522-525, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s financial sector is rapidly evolving through technologies like AI, block chain, and real-time payments. However, existing laws such as the IT Act, 2000 and the DPDP Act, 2023 are not fully equipped to address the challenges these innovations bring. The IT Act remains outdated for current digital systems, while the DPDP Act, though a step toward data protection, raises concerns about government overreach, unclear cross-border data rules, and heavy compliance burdens on startups.

The lack of clear AI regulations in FinTech leads to issues around accountability, algorithmic bias, and misuse of personal data. This paper highlights these gaps and suggests reforms including independent oversight for data exemptions, simplified rules for small FinTechs, and a dedicated legal framework for AI in finance. Strengthening these areas is crucial to ensure user protection while supporting innovation in India’s growing digital economy.

COLONISED BY CODE: THE RETURN OF EMPIRE IN THE AGE OF DATA

AUTHOR – SHAMBHUNATH YADIYAPUR, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY, SILVASSA CAMPUS

BEST CITATION – SHAMBHUNATH YADIYAPUR, COLONISED BY CODE: THE RETURN OF EMPIRE IN THE AGE OF DATA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 513-521, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper endeavours to examine the tryst of technology and capitalism in relation to the world order in the age of information. The unique characteristics harboured by colonialism are manifestly visible in today’s digital ascendance. Any effective protest against the internet-linked technologies encroaching upon private lives seems improbable unless the subjects are disconnected from the very hive of the instruments they seek to resist. The inquiry explores the state of the present world order where the transfer of resources of the digital age and that of material gain is not on equitable footing amongst ‘former’ colonisers and the liberated colonies. The researcher asserts that a capitalist investment is driven by imperatives that benefit just the stakeholders and their recognised partners; any incidental gain experienced by an alien is only peripheral. Data today is a user product destined to generate profit, for whosoever manages to capture and exploit it. While liberated states practice democracy, the standards remain prescribed by the colonisers. Thus, an introspection of the neutrality of the modern tools deployed to pursue such political ends is indispensable. A specific lifestyle has been engineered to streamline the process of data extraction for the purpose of profit generation.  This study argues that colonialism never ended but only transitioned from the imperialistic form into the digital. The non-state actors, aided by their sovereign powers, facilitate the commodification and transaction of foreign citizens’ data profiles. This practice helps such bodies manipulate unfavourable regimes. Once a favourable regime is planted, the infrastructure is designed to support capitalist interests i.e., to coerce beneficial data relations between the investors and the invested through systematic integration. The research method employed is doctrinal. The liberated democracies, such as India, have only recently begun to recognise the enforced character of the incumbent world order polarity. The challenge of countering the resultant conventions while functioning within the said system, however, remains formidable. This paper concerns methods of data extraction and exploitation; hence it offers a critical reflection essential to understanding the power structures of the contemporary era.

Keywords: Data, Capitalism, Autonomy, Democracy, Colonialism.

EMPOWERING MARGINALIZED VOICES: BALANCING HATE SPEECH REGULATION WITH FREE EXPRESSION FOR VULNERABLE COMMUNITIES IN INDIA’S DIGITAL ECOSYSTEM

AUTHOR – SHOBHIT BANSAL, DEPARTMENT OF LAW, CHISHTI LANGUAGE UNIVERSITY, LUCKNOW, INDIA. EMAIL- SHOBHITEXAMLKO@GMAIL.COM

BEST CITATION – SHOBHIT BANSAL, EMPOWERING MARGINALIZED VOICES: BALANCING HATE SPEECH REGULATION WITH FREE EXPRESSION FOR VULNERABLE COMMUNITIES IN INDIA’S DIGITAL ECOSYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 506-512, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines the complex intersection of hate speech regulation and free expression in India’s expanding digital ecosystem, with particular focus on marginalized communities. Through analysis of existing regulatory frameworks, legal precedents, and socio-cultural contexts, this research illuminates the challenges faced by vulnerable populations in exercising their right to expression while being protected from harmful content. The study employs a qualitative approach, examining case studies and policy implementations to evaluate their effectiveness. Findings suggest that current regulatory mechanisms often fail to adequately protect marginalized voices while simultaneously limiting legitimate expression from these communities. The paper proposes a balanced framework that centers vulnerable populations in policy development, advocates for contextual understanding of hate speech, and emphasizes community participation in content moderation processes. This research contributes to ongoing discourse on digital rights in India by highlighting the need for nuanced approaches that both combat hate speech and preserve free expression for those most vulnerable to silencing.

Keywords: Digital Rights, Hate Speech Regulation, Free Expression, Marginalized Communities, India, Content Moderation

PRACTICAL IMPACT AND CHALLENGES OF ELECTRONIC EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM IN 2025: A STUDY

AUTHOR – VIJAYKUMAR METI, LAW STUDENT AT SMT BASAMMA GURULINGAPPA LAW COLLEGE, LINGASUGUR, KARNATAKA.

BEST CITATION – VIJAYKUMAR METI, PRACTICAL IMPACT AND CHALLENGES OF ELECTRONIC EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM IN 2025: A STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 492-505, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Bharatiya Sakshya Adhiniyam (BSA), effective July 1, 2024, redefines electronic evidence as primary evidence, aiming to modernize India’s criminal justice system. This study evaluates its practical impact nine months post-implementation, in March 2025, through a mixed-method analysis of case studies, court statistics, and judicial trends. Findings reveal a dual reality: urban courts, leveraging robust infrastructure, demonstrate faster case resolutions (10-15% reduction in disposal time), higher cybercrime conviction rates (15-20%), and victim empowerment via online evidence submission, aligning with e-Courts Phase III goals. Conversely, rural courts face significant hurdles— infrastructure gaps (e.g., limited scanners), training deficiencies, authenticity risks (e.g., tampered videos), and an urban-rural adoption divide (40% vs. 10% case reliance)—exacerbating judicial inequities and initial backlogs. While the BSA enhances judicial clarity with 2025 precedents, its nationwide success is constrained by systemic disparities. Recommendations include rural digital infrastructure investment, expanded forensic training, AI authenticity tools, and ongoing trend monitoring for amendments. This paper underscores that the BSA’s transformative potential hinges on bridging India’s digital divide, offering insights into its early legacy and future trajectory in delivering equitable digital justice.

Keywords: Electronic Evidence, Bharatiya Sakshya Adhiniyam, Digital Justice, Cybercrime, Urban-Rural Divide, Judicial Efficiency, Evidence Admissibility, Digital Infrastructure, Forensic Training

TRANSFORMATION OF IPC INTO BNS: UNENDING COLONIAL LEGACY

AUTHOR – S. SAKTHI DEEPTHIKA, STUDENT AT AMITY UNIVERSITY, NOIDA.

BEST CITATION – S. SAKTHI DEEPTHIKA, TRANSFORMATION OF IPC INTO BNS: UNENDING COLONIAL LEGACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 482-491, APIS – 3920 – 0001 & ISSN – 2583-2344

INTODUCTION:

The transformation of the Indian Penal Code (IPC) into the Bharatiya Nyaya Sanhita (BNS) not only serves as a legal reform but also symbolizes the ongoing decolonization of India’s legal framework. The IPC, drafted in 1860 during British colonial rule, prioritized the interests of the colonial government, focusing heavily on state authority and suppressing dissent. Even after India achieved political independence in 1947, the IPC remained a fundamental element of the nation’s criminal justice system for many years. However, as India evolved into a democratic republic, the pressing need for a modernized and reformed criminal justice system became increasingly evident. The Bharatiya Nyaya Sanhita (BNS), introduced in 2023, is viewed as a significant step towards decolonizing India’s criminal legislation by providing a new framework that aligns with the country’s constitutional principles, democratic values, and current societal needs. While the shift from the IPC to the BNS signifies a notable break from colonial traditions, it simultaneously underscores how the remnants of colonialism continue to influence India’s criminal justice system. Despite numerous amendments, the IPC still embodied various colonial ideologies, particularly an emphasis on state authority, the curtailment of political dissent, and the adoption of punitive measures to regulate society. In contrast, the BNS seeks to redefine criminal law by focusing on victim-centered justice, human rights, and procedural improvements, moving away from the state-centric approach upheld by the IPC. Nevertheless, this transition is not entirely devoid of the lingering effects of the colonial period, and some concepts and legislations within the BNS still reflect its predecessor. This ongoing tension between reform and heritage raises the question of whether the BNS can truly sever ties with the colonial past or if this transformation remains an incomplete endeavor in legal decolonization. This essay analyzes the shift from the IPC to the BNS, with a specific focus on efforts to decolonize the legal system, the persistent impacts of colonial legacies, and the significant challenges India faces in establishing a contemporary and democratic criminal justice framework. The discussion will delve into the complex factors shaping the current legal reform movement in postcolonial India by examining the historical context of the IPC, the motivations behind the introduction of the BNS, and the implications of this transformation.

MEASURING THE EFFICACY OF LENIENCY PROGRAMME IN INDIA: A COMPARATIVE ANALYSIS

AUTHOR – MR. UMANG GHILDYAL* & DR. SANGEETA TAAK**

* RESEARCH SCHOLAR, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

** ASSISTANT PROFESSOR, RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – MR. UMANG GHILDYAL & DR. SANGEETA TAAK, MEASURING THE EFFICACY OF LENIENCY PROGRAMME IN INDIA: A COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 475-481, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Cartels are the supreme evil of antitrust. Cartels discourage competition in the market and harms the interests of the consumers. Cartoons hurt the freedom of trade carried on by market participants and transfer consumer surplus illegally from the consumers to the cartel participants. Well run leniency programmemes have the potential to detect and punish the cartel and its members through a carrot and stick approach varun cartel participants when they become leniency applicants are incentivised by lesser penalty in comparison to other cartel members. Cooperation by the leniency applicant during the investigative process and legal certainty for reduction of penalty are the pillars on which leniency programmes are run. Lesser penalty becomes appealing only when there is severity of sanctions and the identity and information provided by the leniency applicant is kept confidential. The authors will analyse these parameters and compare Indian legal position with that of more mature competition jurisdictions such as USA and EU.

Keywords: Cartel, leniency, CCI, DOJ

LEGAL FOUNDATIONS OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE: A STUDY WITH SPECIAL REFERENCE TO FINGERPRINT AND DNA EVIDENCE IN INDIA

AUTHOR – ISHAN SHARMA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – ISHAN SHARMA, LEGAL FOUNDATIONS OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE: A STUDY WITH SPECIAL REFERENCE TO FINGERPRINT AND DNA EVIDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 473-474, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Forensic evidence plays a vital role in the contemporary criminal justice system by improving the accuracy of investigations, identifying perpetrators, and ensuring fair outcomes. In India, the legal framework for forensic tools like fingerprint and DNA analysis is shaped by statutory laws, judicial decisions, and procedural safeguards. This paper investigates the regulatory framework governing such evidence in India, focusing on its admissibility and procedural rules.

NECROPHILIA: A FORENSIC AND CONSTITUTIONAL ANALYSIS OF A TABOO DISORDER

AUTHOR – HARSHA SINGH, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – HARSHA SINGH, NECROPHILIA: A FORENSIC AND CONSTITUTIONAL ANALYSIS OF A TABOO DISORDER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 468-472, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper explores necrophilia, a rare and extreme paraphilic disorder characterized by an individual’s sexual attraction to or engagement with corpses. The study primarily focuses on the psychological aspects of necrophilia, including the underlying causes and mental health implications associated with this behavior. In addition to the psychological perspective, the paper also examines the legal dimensions of necrophilia, reviewing relevant international laws, judicial interpretations, and significant case laws from various jurisdictions. Furthermore, it analyzes the constitutional context, particularly in relation to the right to die with dignity, and considers how this right intersects with issues arising from necrophilic acts. Through this multidimensional approach, the paper aims to provide a comprehensive understanding of necrophilia from both legal and psychological standpoints.