Category: Volume 5 and Issue 14 of 2025

A EMPIRICAL STUDY ON CYBER SECURITY ISSUES AFFECTING ONLINE BANKING AND ONLINE TRANSACTIONS IN INDIA

AUTHOR – MOHAMED ASHIF KHAN M.S* & MR.AARIYA N B.E.,LL.B.,LL.M.,(PH.D)**

STUDENT AT SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS)

** ASSISTANT PROFESSOR, DEPARTMENT OF LABOUR LAW, SAVEETHA SCHOOL OF LAW

BEST CITATION – MOHAMED ASHIF KHAN M.S & MR.AARIYA N, A EMPIRICAL STUDY ON CYBER SECURITY ISSUES AFFECTING ONLINE BANKING AND ONLINE TRANSACTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 944-957, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/NIPR4095

ABSTRACT

Cybersecurity is essential for protecting online banking and financial transactions in India, as digital payments continue to rise. Cyber threats like phishing, malware, and identity theft put individuals and financial institutions at risk, making strong security measures necessary. This study aims to identify major cybersecurity challenges in online banking, assess public awareness, and evaluate the effectiveness of existing laws in preventing cyber fraud. It also explores improvements in security measures and compares India’s cybersecurity framework with global standards. The study identifies phishing attacks as the most common threat. While awareness of cybersecurity risks exists, many users still follow weak security practices. Existing laws like the IT Act and RBI guidelines need stricter enforcement. The research method used here is an empirical method, 200 samples have been collected, and a survey is conducted in Chennai. Advanced security technologies such as biometrics, AI-driven fraud detection, and blockchain can improve digital transaction safety. Improving cybersecurity education, enforcing laws, and raising awareness through campaigns are crucial for secure online banking. Strengthening policies and adopting advanced security measures will protect financial data and boost confidence in digital transactions, ensuring a safer financial system in India.

KEYWORDS – Cyber-infrastructure, social-networking, Data breach, Identity theft, cybersafety, cyber-ethics.

INDIAN MEDICAL ASSOCIATION V. V.P. SHANTHA, (1995): A CASE STUDY ON MEDICAL NEGLIGENCE AND CONSUMER PROTECTION IN INDIA

AUTHOR – POOJA S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – POOJA S, INDIAN MEDICAL ASSOCIATION V. V.P. SHANTHA, (1995): A CASE STUDY ON MEDICAL NEGLIGENCE AND CONSUMER PROTECTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 937-943, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The decision of the Supreme Court of India in Indian Medical Association v. V.P. Shantha (1995) marks a watershed moment in the evolution of medical negligence jurisprudence in India. This case fundamentally altered the legal relationship between medical professionals and patients by bringing medical services within the ambit of the Consumer Protection Act, 1986. Prior to this judgment, patients seeking redress for medical negligence were largely confined to civil courts, which involved prolonged litigation and high costs. Through this judgment, the Court recognized patients as “consumers” and doctors and hospitals as “service providers,” subjecting medical services rendered for consideration to consumer jurisdiction. This case study critically examines the factual background, legal issues, judicial reasoning, and the broader implications of the judgment on medical ethics, professional accountability, and patient rights. It also evaluates the balance struck by the Court between protecting consumer interests and safeguarding professional autonomy, while assessing the continuing relevance of the decision in the contemporary healthcare and legal framework of India.

KEYWORDS

Medical Negligence; Consumer Protection Act, 1986; Medical Services; Deficiency in Service; Patient Rights; Professional Accountability; Indian Medical Association v. V.P. Shantha; Healthcare Law; Medical Ethics.

REFORMATIVE SENTENCING IN COMPARISON OF UK, USA, FRANCE AND RUSSIA

AUTHOR – VEDHA GEETHAN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – VEDHA GEETHAN, REFORMATIVE SENTENCING IN COMPARISON OF UK, USA, FRANCE AND RUSSIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 922-936, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

1. INTRODUCTION

                Reformative sentencing represents a major transformation in modern penology. Unlike traditional punitive systems that focus primarily on retribution and incapacitation, reformative sentencing emphasises the offender’s potential for positive change. The essence of this philosophy is that criminal behaviour is not always the product of inherent wickedness but often arises from social, psychological, economic, or environmental circumstances.

                For this reason, criminal justice systems across the world increasingly rely on mechanisms such as counselling, probation, community service, therapeutic courts, and vocational rehabilitation to address the underlying causes of criminality.

                Countries like the United Kingdom (UK), United States of America (USA), France, and Russia represent four distinct legal cultures, each with its own historical development, sentencing policies, and approach to rehabilitation. Despite their differences, these nations share a common understanding that recidivism cannot be reduced through punitive measures alone. This study aims to compare their reformative sentencing frameworks, exploring both statutory and institutional mechanisms that shape offender rehabilitation.

LGBTQ+ VICTIMS

AUTHOR – RAVINDHAR S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – RAVINDHAR S, LGBTQ+ VICTIMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 904-921, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The legal status of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons in India has undergone a significant constitutional transformation over the past decade, largely driven by judicial intervention. Despite this progress, LGBTQ+ individuals continue to experience widespread victimization in the form of violence, discrimination, social exclusion, and institutional neglect. This article examines the concept of LGBTQ+ victimization within the Indian legal framework, focusing on constitutional protections, landmark judicial decisions, and the limitations of existing statutory safeguards.

Through an analysis of key Supreme Court judgments—including National Legal Services Authority v. Union of India, Justice K.S. Puttaswamy (Retd.) v. Union of India, and Navtej Singh Johar v. Union of India—as well as recent High Court rulings, the article highlights how Indian courts have progressively recognized sexual orientation and gender identity as integral to dignity, privacy, and equality under the Constitution. It further critically evaluates the Transgender Persons (Protection of Rights) Act, 2019, and identifies gaps in criminal law remedies, enforcement mechanisms, and victim-centric protections.

The article argues that while judicial recognition has provided a strong constitutional shield for LGBTQ+ persons, the absence of comprehensive anti-discrimination legislation, lack of recognition of same-sex relationships, and inconsistent implementation continue to leave LGBTQ+ victims vulnerable. It concludes by proposing targeted legal reforms, institutional sensitization, and policy measures necessary to translate constitutional ideals into effective protection and access to justice for LGBTQ+ victims in India.

PRINCIPLE OF LEGALITY (NULLA POENA SINE LEGE)

AUTHOR – KEERTHANA PREETHI A, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – KEERTHANA PREETHI A, PRINCIPLE OF LEGALITY (NULLA POENA SINE LEGE), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 895-821, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A fundamental safeguard in modern criminal justice systems is the legality principle, which is embodied in the Latin maxim “nullum crimen sine lege”, “nulla poena sine lege” (no crime, no punishment without law). It forbids retroactive criminalization and mandates that punishable behavior be precisely defined before it is committed. This principle maintains the rule of law by subordinating official authority to pre-existing legal restrictions, guarantees fair notice so that citizens can anticipate the legal implications of their actions, and safeguards individual liberty against arbitrary governmental power. Through comparative jurisprudential analysis across five major legal systems, this article thoroughly examines the concept of legality: India (constitutional embodiment in Article 20(1), statutory manifestations, and Supreme Court interpretation); the United States (constitutional foundations in ex post-facto clause and due process, limited international application, pragmatic approach favoring prosecutorial flexibility), Russia (post-Soviet constitutional adoption amid conflict with state power and security imperatives), the United Kingdom (evolutionary common law development from rule of law principle, ECHR Article 7 integration, parliamentary supremacy constraints), and France (civil law origins, Code Pénal codification, European Court of Human Rights alignment). Different approaches reflecting different legal traditions (constitutional versus common law versus civil law), institutional arrangements (legislative versus judicial power allocation), and political contexts (liberal democracies versus post-authoritarian transitions versus security-state configurations) are revealed by the comparative analysis. The article shows how the principle functions differently in different jurisdictions despite apparent similarities in maxim articulation: some provide almost complete protection against retroactive criminalization (India, France, UK); others allow more state flexibility in defining criminal liability (US); still others manage conflict between legality principles and state security claims (Russia).

Keywords: principle of legality, nullum crimen sine lege, comparative criminal law, rule of law, international human rights, etc.

CONFIDENTIALITY ISSUES CONCERNING HIV/AIDS AND PRIVILEGED COMMUNICATIONS IN HEALTHCARE

AUTHOR – KEERTHANA PREETHI A & KRISHNA LEELA S

STUDENTS AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – KEERTHANA PREETHI A & KRISHNA LEELA S, CONFIDENTIALITY ISSUES CONCERNING HIV/AIDS AND PRIVILEGED COMMUNICATIONS IN HEALTHCARE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 890-894, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The management of confidentiality concerning HIV/AIDS status represents one of the most ethically fraught intersections of medical ethics, patent autonomy and public health obligation in contemporary India. This article comprehensively examines the legal architecture governing physician-patient confidentiality in HIV cases, analyzing the HIV/AIDS (Prevention and Control)Act 2017, Indian Evidence Act provisions on privileged communication, National Medical Commission (NMC) 2023 Regulations, Bharatiya Sakshya Adhiniyam (BSA) 2023, and seminal Supreme Court precedents including Mr.X v. Hospital Z(1999). The analysis reveals a complex framework balancing fundamental rights- patient dignity and privacy under Article 21 of the Indian Constitution against public health imperatives and third-party protection obligations. Drawing on victimological perspectives that frame confidentiality breaches as secondary victimization exacerbating stigma and healthcare avoidance, and examining comparative international approaches from Commonwealth and global bioethics frameworks, this article argues that India’s current legal landscape inadequately balances competing interests. The article proposes reformed protocols integrating: narrow, necessity-based disclosure standards; robust data protection mechanism; informed consent frameworks for information sharing;ethics committee oversight; and community-based stigma reduction strategies aligned with the UN 2030 agenda and India’s National AIDS Control Programme (NACP-V).Through constitutional, statutory, case law and ethical analysis, the article demonstrates how protective confidentiality regimes paradoxically enhance both individual rights protection and public health outcomes by facilitating treatment-seeking behaviour and enabling genuine informed consent. The framework proposed emphasizes that confidentiality protection for people living with HIV (PLHIV) represents not obstacle to public health but essential precondition for effective disease control in India’s evolving healthcare landscape.

Keywords: HIV/AIDS, confidentiality, privileged communication, India legal framework, NMC 2023 Regulations, informed consent, etc.

MEDICAL NEGLIGENCE AND PROFESSIONAL ACCOUNTABILITY IN INDIA: A DOCTRINAL AND JURISPRUDENTIAL ANALYSIS

AUTHOR – SABILA IFFATH SHUJATHULLAH, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SABILA IFFATH SHUJATHULLAH, MEDICAL NEGLIGENCE AND PROFESSIONAL ACCOUNTABILITY IN INDIA: A DOCTRINAL AND JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 880-889, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In India, medical negligence is a crucial point where tort law, professional ethics, statutory accountability, and healthcare delivery converge. Fundamentally, medical negligence is defined as a medical practitioner’s failure to exercise the level of care and skill anticipated of a reasonably competent practitioner, to the point where a patient is harmed as a direct result of care that is subpar. The legal system, which has its roots in tort law and was later extended by the Consumer Protection Act of 1986, allows victims to pursue compensation against healthcare organisations as well as individual practitioners, thereby increasing access to justice. The judiciary has repeatedly made it clear that mere mistakes in judgement or unfavourable results do not, in and of themselves, establish negligence; rather, culpability arises when behaviour deviates from standards accepted by a reputable body of medical opinion. Important doctrinal components including duty of care, breach, cause, and damage continue to be crucial. Legally speaking, seminal decisions confirm that professional accountability involves not just civil liability but, in some situations, criminal and regulatory repercussions where extreme carelessness is proven. A changing legal ethos that tries to strike a balance between patient safety, informed consent, and the defence of medical professionals against baseless allegations is reflected in the interaction between patient rights and professional safeguards. This dynamic field of Indian law is being shaped by continual discussions about judicial procedures, evidence standards, and ethical obligations as healthcare complexity increases.

KEYWORDS: medical negligence, professional accountability, Consumer Protection Act 1986, duty of care, breach of duty, standard of care, judicial standards, patient rights, healthcare law.

EMERGING LEGAL AND ETHICAL CHALLENGES IN TELEMEDICINE, EMERGENCY MEDICAL PRACTICE, AND PROFESSIONAL LIABILITY

AUTHOR – YAZHINI, LLM STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – YAZHINI, EMERGING LEGAL AND ETHICAL CHALLENGES IN TELEMEDICINE, EMERGENCY MEDICAL PRACTICE, AND PROFESSIONAL LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 863-879, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

1.1 INTRODUCTION:

In past few decades the healthcare sector has tremendously transformed due to a lot a technological advancements, increased awareness among patients, and evolved legal norms. Traditional methods of medical practice which includes of face to face consultation and treatment within the hospital are getting supplemented and in some cases it has been replaced by healthcare in digital mode and emergency based medical procedures. In this shifting world, problems of medical ethics and professional accountability have become increasingly important. The rise of telemedicine, the difficulties of emergency medical practice, and the increasing scrutiny of professional liability all provide significant legal and ethical challenges for medical practitioners.^[1]

The history of medicine has been one in which medical ethics has always underpinned the moral basis of medical practice. Thus, the principles of autonomy, beneficence, nonmaleficence and justice guide decision-making by health care practitioners. However there are complexities in the application of these moral values especially when health care is provided virtually, or in an emergency setting where resources, time and patient consent may be lacking. The task of the law, in contrast, is to control medical practice through standards of treatment, identification of professional duties and attributions for negligent or wrongful conduct. The balance between ethics and law in contemporary medical care deserves scrutiny.

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[1] World Health Organization, Global Strategy on Digital Health 2020–2025 (WHO 2021).

A STUDY ON THE ROLE OF MICROSCOPY AND SPECTROSCOPY IN MICRO TRACE ANALYSIS

AUTHOR – NIRANJANA DEVI R, LLM (CRIME AND FORENSIC LAW)STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – NIRANJANA DEVI R, A STUDY ON THE ROLE OF MICROSCOPY AND SPECTROSCOPY IN MICRO TRACE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 853-862, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER – 01

1.1. ABSTRACT:

Forensic traces are physical remnants of past events that provide critical information for criminal and civil investigations and adjudications. The scientific examination of traces is an incredibly valuable tool for forensic investigations, because the skilled interpretation of traces yields factual answers to a range of pertinent questions.The combination of microscopy and spectroscopy, or microspectroscopy, is a powerful tool for the study of traces and enables their understanding and interpretation. Microspectroscopy has a plethora of advantages, most notably providing rapid and often non-destructive (or minimally destructive) analysis of a range of specimens, sometimes with little to no sample preparation, and creating a reviewable record of the examination. The chemical identification of traces via microspectroscopy may enable a criminalist to determine provenance, and, depending on the sample, individualize it (that is, successive reductions to a class of one, or the establishment of two items having a common source). Microspectroscopy is not just for small samples. Although most people think of traces as being microscopic, this is not necessarily the case. Traces may be large objects, such as car headlights or baseball bats, that are left behind or removed from the scene after an incident. The objective of this research is to understand the concept of microscopy and  spectroscopy in micro trace analysis. The author concludes that spectroscopy and microscopy are two emerging fields and also needs more application in India.

EFFECTIVENESS OF INTERNATIONAL CHILD RIGHTS NORMS IN TAMIL NADU SCHOOLS: A NON-DOCTRINAL EMPIRICAL STUDY

AUTHOR – AJANRAMANA J H, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – AJANRAMANA J H, EFFECTIVENESS OF INTERNATIONAL CHILD RIGHTS NORMS IN TAMIL NADU SCHOOLS: A NON-DOCTRINAL EMPIRICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 839-852, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER – I

INTRODUCTION AND RESEARCH FRAMEWORK

1.1 Introduction

Children constitute a vulnerable section of society requiring special protection and care due to their physical, mental, and emotional immaturity. Recognising this vulnerability, international law has evolved a comprehensive framework of child rights aimed at ensuring survival, development, protection, and participation of children in all spheres of life, particularly education.^[1]Schools play a crucial role in the realisation of child rights, as they are the primary institutions where children spend a significant part of their formative years.The adoption of the United Nations Convention on the Rights of the Child, 1989 (UNCRC) marked a milestone in international human rights law by recognising children as independent holders of rights rather than mere objects of welfare.^[2] India ratified the UNCRC in 1992 and thereby undertook an obligation to harmonise domestic laws, policies, and institutional practices with international child rights standards.^[3]

Despite constitutional guarantees and the enactment of child-centric legislations such as the Right of Children to Free and Compulsory Education Act, 2009, concerns continue to be raised regarding the actual implementation of international child rights norms at the school level. Tamil Nadu, though relatively advanced in educational indicators, is not immune from issues such as lack of awareness of child rights, inadequate training of teachers, limited child participation, and weak enforcement mechanisms. This study adopts a non-doctrinal (empirical) research approach to examine the effectiveness of international child rights norms in Tamil Nadu schools, based on the perceptions and experiences of teachers, parents, and children, with particular emphasis on empirical data collected from teachers.

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^[1] UNICEF, Convention on the Rights of the Child, Introduction (1989).

^[2] United Nations Convention on the Rights of the Child, Nov. 20, 1989.

^[3] Ministry of Women and Child Development, Government of India, Status of Child Rights in India (1992).