Category: Volume 5 and Issue 2 of 2025

CYBERCRIME IN INDIA: A GROWING THREAT TO CYBERSPACE

AUTHOR – YOGESH PRASAD KOLEKAR, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI. EMAIL – PROFKOLEKAR@GMAIL.COM

BEST CITATION – YOGESH PRASAD KOLEKAR, CYBERCRIME IN INDIA: A GROWING THREAT TO CYBERSPACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 47-29, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

Abstract

The evolution of Information and Communication Technology (ICT) has significantly transformed human society, impacting various aspects of life and altering the ways in which individuals learn, work, share, and engage in entertainment. Nevertheless, this evolution has also led to the emergence of a concerning phenomenon: the rapid increase in cybercrime. Cybercrime refers to illegal activities conducted through digital means, often targeting computer systems, networks, and online platforms. India’s rapid digital adoption, fuelled by affordable internet access and smartphone penetration, has created a fertile ground for cybercriminals. Cybercrime is pervasive and disruptive, as demonstrated by both global and national statistics. Over 800 million Indians are internet users, attracting attention of cybercriminals. Initiatives like “Cyber Swachhta Kendra” promote cybersecurity hygiene among citizens, television ads, caution messages before calls are appreciative steps of the Government.

Keywords: cybercrime, ICT, online scams, Information Technology Act, 2000

PROTECTION OF CONSUMERS AND FOOD SAFETY IN INDIA

AUTHOR – DR. MAHENDRAKUMAR S.  YADAV, IN-CHARGE PRINCIPAL AT M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI. EMAIL –MAHENDRAYADAV@REDIFFMAIL.COM

BEST CITATION – DR. MAHENDRAKUMAR S. YADAV, PROTECTION OF CONSUMERS AND FOOD SAFETY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 43-46, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

The protection of consumers and food safety is a critical aspect of public health and economic stability in India. With increasing globalization, urbanization, and changing food habits, ensuring consumer rights and food safety has become imperative. This study explores the scope of consumer rights in India, focusing on the legal frameworks, including the Consumer Protection Act, 2019, and the Food Safety and Standards Act, 2006.

It highlights the key rights of consumers, the role of regulatory bodies like the Food Safety and Standards Authority of India (FSSAI), and initiatives to promote food safety. Challenges such as unregulated markets, food adulteration, lack of consumer awareness, and resource constraints are discussed.

Recommendations emphasize strengthening enforcement, enhancing consumer awareness, fostering collaboration among stakeholders, and adopting technological innovations to ensure transparency in food supply chains. The study concludes that prioritizing consumer welfare and food safety is essential for public health, trust in markets, and sustainable economic growth in India.

Key Words: Consumer Protection, Consumer Rights, Consumer Protection Act, Food Safety and Standards Authority of India, Food Adulteration

BODY SHAMING AS DOMESTIC VIOLENCE: A GAME-CHANGING RULING IN NIMIJA V. STATE OF KERALA

AUTHOR – DR. SONY RAJ S. S*, ASSISTANT PROFESSORS FROM M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI* & ASWIN.S**, ASSISTANT PROFESSORS FROM MKES NAGINDAS KHANDWALA COLLEGE

*  RAJSSSONY@GMAIL.COM

** ASWINKANNAN6273AK@GMAIL.COM

BEST CITATION – DR. SONY RAJ S. S & ASWIN.S, BODY SHAMING AS DOMESTIC VIOLENCE: A GAME-CHANGING RULING IN NIMIJA V. STATE OF KERALA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 35-39, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

“I think the message to women is to be who you are. Don’t let anyone tell you  what you have to look like.” – Michelle Obama-

The Kerala High Court’s landmark judgment in Nimija v. State of Kerala (CRL.M.C.NO.9443 OF 2022) has redefined the understanding of domestic violence under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), by recognizing body shaming as a form of mental torture. This ruling acknowledges that persistent derogatory remarks about physical appearance, even from family members, constitute verbal and emotional abuse, impacting a victim’s mental health and self-esteem. This article delves into the case’s background, the Court’s interpretation of domestic violence, and its implications for safeguarding women from psychological harm within familial relationships. It also examines similar judicial precedents that expand the scope of domestic violence to include non-physical abuse, highlighting the increasing legal recognition of mental health as a critical aspect of justice. By analyzing the broader social and legal implications, this article underscores the importance of addressing deeply ingrained societal norms like body shaming and emphasizes the need for a holistic approach to domestic violence that protects both the physical and mental well-being of women.

Keywords: Body Shaming, Domestic Violence, Mental Torture, Verbal Abuse, Women’s Rights, Protection of Women from Domestic Violence Act, 2005

A COMPARATIVE STUDY ON THE POTENTIAL INTEGRATION OF ARTIFICIAL INTELLIGENCE IN INDIA’S CRIMINAL AND CIVIL LEGAL SYSTEMS

AUTHOR – DR. SONY RAJ S. S*, ASSISTANT PROFESSORS FROM M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI* & ASWIN.S**, ASSISTANT PROFESSORS FROM MKES NAGINDAS KHANDWALA COLLEGE

*  RAJSSSONY@GMAIL.COM

** ASWINKANNAN6273AK@GMAIL.COM

BEST CITATION – DR. SONY RAJ S. S & ASWIN.S, CASE COMMENT ON ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL & OTHERS, [2020] 7 S.C.R. 180, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 28-34, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

“Artificial intelligence is the most powerful tool that we have, but it needs to be used in a way that respects human dignity.”  – Sundar Pichai (CEO of Google)                                                                                                                    

This study examines the integration of Artificial Intelligence (AI) in criminal and civil law systems, comparing its applications, benefits, and challenges. In criminal law, AI is used for predictive policing, forensic analysis, case management, and sentencing recommendations, improving efficiency and consistency. However, concerns about bias, data privacy, and ethical implications, especially regarding human rights, are raised. In civil law, AI aids in contract analysis, dispute resolution, and legal research, automating tasks and enhancing access to legal services. The study evaluates AI’s role in procedural efficiency, fairness, and legal integrity across both systems, considering various jurisdictions and case studies. It also addresses the ethical challenges of AI integration and stresses the need for a balance between innovation and justice. The study concludes with recommendations for responsible AI integration, advocating for a hybrid approach combining technological efficiency with human oversight to protect fairness and fundamental rights

Keywords: Artificial Intelligence, Criminal Law, Civil Law, Case Management, Sentencing Recommendations, Legal Ethics, Algorithmic Decision-Making.

CASE COMMENT ON ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL & OTHERS, [2020] 7 S.C.R. 180

AUTHOR – MS. SIDDHI KAMLAKAR PHATKARE, STUDENT AT M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI

BEST CITATION – MS. SIDDHI KAMLAKAR PHATKARE, CASE COMMENT ON ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL & OTHERS, [2020] 7 S.C.R. 180, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 21-27, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

BRIEF FACTS OF THE CASE

Dispute over election of Mr. Arjun Panditrao Khotkar (Appellant) in the Maharashtra State Legislative Assembly, 2014 (101 -Jalna constituency) : This case arose from an election dispute in the Maharashtra State Legislative Assembly election for the 101-Jalna constituency in the year 2014. Mr. Arjun Panditrao Khotkar (belonging to Shiv Sena party) won a seat from the Jalna constituency by a slim margin of 296 votes over his rival, Mr. Kailash Kushanrao Gorantyal (belonging to Congress party). Mr. Arjun Panditrao Khotkar secured 45,078 votes, whereas Mr. Kailash Kushanrao Gorantyal secured 44,782 votes.

CASE COMMENT ON RAJESH SHARMA & ORS. VS STATE OF  U.P. & ANR

AUTHOR – VEDANTI BHUSHAN HATE, STUDENT AT M.K.E.S COLLEGE OF LAW, MUMBAI UNIVERSITY

BEST CITATION – VEDANTI BHUSHAN HATE, CASE COMMENT ON RAJESH SHARMA & ORS. VS STATE OF  U.P. & ANR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 16-18, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

The Supreme Court of India, in the case of Rajesh Sharma & Ors. vs. State of U.P. & Anr., addressed the important issues related to the misuse of Section 498A of the Indian Penal Code (IPC). Section 498A of the Indian penal code was introduced in 1983 to  protect women from cruelty in marriages, particularly related to dowry demands, by their husband or in-laws. It made cruelty a punishable offence that is cognizable, non-compoundable, and non bailable However, over the time, it was observed that it was often misused, leading to innocent family members being wrongly accused. This led to wrongful arrest and unnecessary legal dispute. This case not only highlighted the issue but also provided protection for women’s rights, preventing false accusations and wrongful punishment and arrest of innocent people. The Supreme Court issued guidelines by framing rules to avoid unjust arrests and ensure fair treatment for all. These guidelines would help to stop the misuse of law and will ensure that genuine cases are treated properly.

RAKESH RANJAN SRIVASTAVA VS. STATE OF JHARKHAND AND ANOTHER (2024) 3 S.C.R.438; 2024 INSC 205; (2024) 4 SCC 419.

AUTHOR – KANAK S. UPADHYAY, STUDENT AT M.K.E.S COLLEGE OF LAW

BEST CITATION – KANAK S. UPADHYAY, RAKESH RANJAN SRIVASTAVA VS. STATE OF JHARKHAND AND ANOTHER (2024) 3 S.C.R.438; 2024 INSC 205; (2024) 4 SCC 419., INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 12-15, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

This case deals with the interpretation of Section 143A (1) of the Negotiable Instrument Act, 1881(N.I.Act), which is a significant provision that allows a Court to order interim compensation in cheque dishonor cases.^[1] Earlier, there was no provision as to payment of compensation under the N.I.Act. Section 143A was inserted in the N.I.Act through Negotiable Instruments (Amendment) Act, 2018.^[2]Section 143A is prospective in nature and confined to cases where the offences were committed after the introduction of Section 143A in the statute books.^[3] The central issue of this case is whether this provision is directory or mandatory. If it is held directory, what are the factors to be considered for exercising such powers. The Supreme Court ruled that the power to order interim compensation under Section 143A is discretionary, not mandatory. The Court emphasized that the word “may” cannot be construed as “shall,” as such interpretation will be unjust and contrary to the well-settled concept of fairness and justice and it can manifest arbitrariness.

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[1] Section 143A of the Negotiable Instrument Act, 1881.

[2] Inserted by the Negotiable Instrument Act (Amendment)Act, 2018(Act No. 20 of 2018),Sec 2.

[3] G.J.Raja  v. Tejraj  Surana A.I.R. 2019 S.C. 2956

ROLE OF RBI IN INDIA’S ECONOMIC DEVELOPMENT

AUTHOR – HEER CHIRAG SHAH, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – HEER CHIRAG SHAH, ROLE OF RBI IN INDIA’S ECONOMIC DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 08-11, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

The Reserve Bank of India (RBI), India’s central bank, was established on April 1, 1935 under the Reserve Bank of India Act 1934. As the apex monetary institution, the RBI regulates, supervises and develops the country’s financial system. Initially, the RBI’s role was confined to controlling credit, but it has since evolved to encompass a broader range of functions.

THE CONCEPT OF CSR IN INDIA

AUTHOR – YASHODA B. PUROHIT, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – YASHODA B. PUROHIT, THE CONCEPT OF CSR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 03-07, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

Corporate Social Responsibility (CSR) has become a vital part of business strategies for leading organizations worldwide. While there is no universally accepted definition, CSR broadly reflects the idea of businesses taking responsibility for their impact on society and the environment. The idea of CSR is philanthropic which include concepts like sustainability, corporate citizenship, shared value, and business accountability. In the Indian context, CSR has become increasingly significant, especially with the implementation of statutory requirements.

ROLE OF LAW TEACHERS IN LEGAL EDUCATION

AUTHOR – YOGESH PRASAD KOLEKAR, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW

BEST CITATION – YOGESH PRASAD KOLEKAR, ROLE OF LAW TEACHERS IN LEGAL EDUCATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 01-02, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

A law teacher is the first person who introduces law students to legal world and legal concepts. Law teachers are responsible for imparting a comprehensive understanding of legal principles, doctrines, and case laws. A law teacher helps student to develop skill to critically analyze legal systems, laws, and judicial decisions. A law teacher act as a mentor, guiding students in their academic and professional growth. A law teacher should encourage students to contribute to legal knowledge by researching on emerging issues, publishing articles, and even writing books. A law teacher has responsibility to instill professional ethics by inculcating values of integrity, fairness, and social responsibility in future lawyers.

Key words: law teachers’ role, legal skills. legal research, skills development, critical thinking