Category: Volume 6 and Issue 7 of 2026

A COMPARITIVE ANALYSIS ON DEATH PENALTY IN INDIA, ICELAND AND DEMOCRATIC REPUBLIC OF CONGO

AUTHOR – JEGARAJ N* & V SREE LEKHA**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – JEGARAJ N & V SREE LEKHA, A COMPARITIVE ANALYSIS ON DEATH PENALTY IN INDIA, ICELAND AND DEMOCRATIC REPUBLIC OF CONGO, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 77-82, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I79

Abstract

This paper undertakes a comprehensive comparative analysis of punishment systems especially death penalty in India, Iceland, and the Democratic Republic of Congo (DRC), representing three distinct penal paradigms: hybrid, rehabilitative, and retributive. Employing doctrinal and comparative methodologies, the study evaluates statutory frameworks, judicial doctrines, prison conditions, and implementation realities. It incorporates empirical data on prison populations, overcrowding, and human rights indicators to assess the effectiveness of punishment systems. The study finds that Iceland’s criminal justice system, grounded in reformative theory, demonstrates superior outcomes in terms of humane prison conditions and reintegration. India’s system reflects a complex hybrid model, constrained by systemic inefficiencies such as judicial delays and overcrowding, with approximately 76% of inmates being undertrials. In contrast, the DRC exhibits a predominantly retributive approach marked by harsh prison conditions and continued reliance on capital punishment. The paper argues that while punishment systems are shaped by socio-economic and political contexts, there is a discernible global shift toward rehabilitation and human rights compliance. It concludes by recommending structural reforms in developing jurisdictions to align punishment practices with principles of proportionality, dignity, and justice.

“BEYOND THE WORDS: RECONSTRUCTING THE VERDICT OF DEATH PENALTY IN DHANANJOY CHATTERJEE”

AUTHOR – SARANYA CHAKRABORTY, BA. LLB. (HONS), ST XAVIER’S UNIVERSITY, KOLKATA

BEST CITATION – SARANYA CHAKRABORTY, “BEYOND THE WORDS: RECONSTRUCTING THE VERDICT OF DEATH PENALTY IN DHANANJOY CHATTERJEE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The execution of Dhananjoy Chatterjee in 2004 raised solicitude regarding the administration of the very criminal justice in India. Convicted for the rape and murder of Hetal Parekh, Chatterjee reportedly maintained his innocence until the eleventh hour , declaring “Ami nirdosh” (I am innocent). This assertion has continued to fuel debate regarding the fairness and integrity of his trial.

At the centre of the controversy is the issue of whether Chatterjee was given a fair trial, particularly given the alleged inadequate legal representation and procedural mishaps. Critics have argued that the proceedings were rushed and the evidence presented did not prove his guilt beyond doubt. This has raised a lot of doubts against the verdict and the entire judicial process when it comes to capital punishment. Despite these criticisms, the execution went ahead, and thus, left the issue of judicial error in death penalty cases unaddressed. This analysis will try to look at this facts and legal processes around it to determine whether there could have been any procedural lapses or shortcoming on the system that is in place that led to such an outcome. These issues are central to any consideration of the role of legal counsel, the media, and the reforms necessary for the criminal justice system in India, especially in cases involving the irreversible sanction of the death penalty.

CONSTITUTIONAL CHALLENGES IN REGULATING ONLINE GAMING AND DIGITAL TRANSACTIONS IN INDIA

AUTHOR – S. PRAVEENKUMAR* & DR. ASWATHI SUKUMARAN**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – S. PRAVEENKUMAR & DR. ASWATHI SUKUMARAN, CONSTITUTIONAL CHALLENGES IN REGULATING ONLINE GAMING AND DIGITAL TRANSACTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 55-60, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I77

ABSTRACT

India’s digital landscape has shifted faster than its laws. In just a decade, online gaming went from a niche hobby to a multi-thousand-crore industry, while digital payment platforms quietly wired hundreds of millions of Indians into an always-on financial network. These two forces met in a legal no-man’s land — one where a colonial-era gambling law, a constitution drafted before computers existed, and a patchwork of contradictory state rules were the only tools available to regulators. This paper traces that story. It looks at how the industry grew, what problems surfaced, which laws were tried, and how fundamental rights constrain what the government can actually do. It ends by proposing practical ways out of the current deadlock — without sacrificing either consumer protection or constitutional principle.

Keywords: Online gaming, digital transactions, PROGA 2025, Public Gambling Act, money laundering, constitutional law, skill vs. chance, gaming addiction, data privacy, federalism.

ELECTRONIC CONTRACTS IN CORPORATE TRANSACTION IN INDIA

AUTHOR – PRANJAL PARASHAR, ADVOCATE & STUDENT AT AMITY UNIVERSITY

BEST CITATION – PRANJAL PARASHAR, ELECTRONIC CONTRACTS IN CORPORATE TRANSACTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 45-54, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study examines the concept, development, and legal dimensions of electronic contracts in India, with particular emphasis on their role in corporate transactions.

It begins by exploring the theoretical foundations, nature, and evolution of electronic contracts, followed by an analysis of their application in mergers and acquisitions, joint ventures, share transfers, and other corporate activities.

The research then evaluates the legal framework governing electronic contracts under the Information Technology Act, Indian Contract Act, Evidence Act, Companies Act, and SEBI regulations.

It further discusses issues of validity, enforceability, authentication, digital signatures, and evidentiary value.

The study also critically reviews judicial approaches and emerging challenges, including cybersecurity and jurisdictional concerns.

Finally, it presents findings and offers suggestions for legal and regulatory reforms to strengthen the framework of corporate electronic contracting in India.

Keywords: Electronic Contracts in Corporate Transactions in India, Digital Corporate Contracts in India, Electronic Agreements under Corporate Indian Law

DOMESTIC VIOLENCE AND LEGAL PROTECTION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

AUTHOR – SHRIDAAR M, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SHRIDAAR M, DOMESTIC VIOLENCE AND LEGAL PROTECTION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 35-44, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Domestic violence remains one of the most pervasive yet underreported forms of gender-based violence in India, affecting millions of women across socioeconomic, cultural, and geographic boundaries. Despite constitutional guarantees of equality and dignity, women in domestic settings continue to face physical, emotional, sexual, and economic abuse, often perpetuated by deeply entrenched patriarchal norms and familial power structures. The enactment of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) marked a watershed moment in Indian legal history by providing a comprehensive civil remedy framework designed to protect women in domestic relationships, moving beyond the limited scope of criminal provisions under Section 498A of the Indian Penal Code. This paper undertakes a detailed legal analysis of the PWDVA, examining its definitional scope, protective mechanisms, institutional framework, and remedial provisions including protection orders, residence orders, monetary relief, and custody orders. Adopting a doctrinal research methodology, the study analyzes statutory provisions, judicial pronouncements, and scholarly literature to assess both the strengths and limitations of the Act. The paper identifies several critical challenges in implementation, including delays in judicial proceedings, inadequate infrastructure for Protection Officers and service providers, low awareness among beneficiaries, societal stigma discouraging complaints, and limited enforcement of court orders. Through examination of landmark judicial decisions and comparative analysis with international frameworks, the paper recommends comprehensive reforms including strengthening institutional capacity, enhancing judicial efficiency, and promoting community-based prevention programs.

KEYWORDS – Domestic Violence, Gender Rights, Protection of Women, PWDVA 2005, Legal Protection, Women’s Rights, Civil Remedies, Gender-Based Violence

CRIMINAL LAW AND OFFENCES AGAINST PROPERTY IN INDIA: BALANCING LEGAL PROTECTION, JUDICIAL INTERPRETATION, AND ENFORCEMENT MECHANISMS

AUTHOR – AJAY CHAUHAN, LLM (CRIMINAL LAW) STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – AJAY CHAUHAN,CRIMINAL LAW AND OFFENCES AGAINST PROPERTY IN INDIA: BALANCING LEGAL PROTECTION, JUDICIAL INTERPRETATION, AND ENFORCEMENT MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 24-34, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Offences against property form a significant component of criminal law in India, reflecting the need to safeguard proprietary rights and maintain social order. Rooted historically in the Indian Penal Code, 1860, and now restructured under the Bharatiya Nyaya Sanhita, 2023, these offences include theft, robbery, dacoity, cheating, criminal breach of trust, and mischief. This research paper critically examines the legal framework governing property offences, focusing on the balance between statutory protection, judicial interpretation, and enforcement mechanisms. It analyzes how courts have interpreted essential elements such as dishonest intention, possession, and consent through landmark judgments. The paper further evaluates challenges such as misuse of criminal law in civil disputes, delays in investigation, and technological complexities in modern property crimes. Additionally, it highlights the role of law enforcement agencies and judicial discretion in ensuring justice. By integrating doctrinal and analytical approaches, the study underscores the need for reforms to strengthen enforcement while preventing abuse of legal provisions. The paper concludes that a balanced approach—combining robust legislation, progressive judicial interpretation, and efficient enforcement—is essential to uphold property rights and ensure fairness in India’s criminal justice system.

Keywords: Criminal Law, Property Offences, IPC, Bharatiya Nyaya Sanhita, Judicial Interpretation, Enforcement Mechanisms, Theft, Cheating

DATA PRIVACY AND PROTECTION IN INDIA: A CRITICAL DOCTRINAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 IN THE LIGHT OF CONSTITUTIONAL STANDARDS AND INTERNATIONAL BENCHMARKS

AUTHOR – G. MAHENDHIRA ADHITHYA* & Ms. K. KEERTHANA**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – G. MAHENDHIRA ADHITHYA & Ms. K. KEERTHANA, DATA PRIVACY AND PROTECTION IN INDIA: A CRITICAL DOCTRINAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 IN THE LIGHT OF CONSTITUTIONAL STANDARDS AND INTERNATIONAL BENCHMARKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 13-23, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I73

ABSTRACT

The governance of personal data in India stands at a constitutionally consequential inflection point. The unanimous recognition of informational privacy as a fundamental right by a nine judge bench of the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1 imposed a proportionality calibrated constitutional mandate upon all subsequent legislative endeavor’s in this domain. The Digital Personal Data Protection Act, 2023 (DPDPA), India’s first purpose specific data protection statute, represents the culmination of a protracted and politically contested legislative process. This article undertakes a rigorous doctrinal analysis of the DPDPA 2023, situating it within the constitutional architecture erected by the Puttaswamy jurisprudence and evaluating it against the normative standards established by the European Union’s General Data Protection Regulation (GDPR). The analysis reveals that while the Act constitutes a genuine legislative advance, it is marred by structural deficiencies of constitutional significance: the sweeping executive exemption under Section 17(2) fails the proportionality standard; the Data Protection Board’s dependence on executive appointment compromises institutional independence; the omission of rights to data portability and protection against automated decision making leaves critical lacunae; and the whitelist based cross border transfer mechanism substitutes diplomatic pragmatism for objective adequacy review. Drawing on comparative frameworks from the European Union and the United Kingdom, and examining the practical dimensions of enforcement deficits, surveillance accountability gaps, and the emerging challenge of algorithmic governance, this article advances a programme of legislative, institutional, and policy reforms directed at aligning India’s data protection framework with its constitutional aspirations.

Keywords: Data Privacy; Digital Personal Data Protection Act 2023; Informational Self Determination; Proportionality Doctrine; GDPR; Data Protection Board; Surveillance; Algorithmic Decision Making; Constitutional Rights; Comparative Data Law.

JUDICIAL APPROACHES TO CLIMATE CHANGE AND SUSTAINABLE DEVELOPMENT

AUTHOR – V. VAIRAJYOTHI. PROFESSOR AT GTN LAW COLLEGE, DINDIGUL

BEST CITATION – V. VAIRAJYOTHI, JUDICIAL APPROACHES TO CLIMATE CHANGE AND SUSTAINABLE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 05-12, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Every nation in the world is coping with climate change, which has now crossed national borders and endangered all species. Innovative attorneys have brought climate issues to court even in nations without laws or rules addressing the issue, despite the fact that many nations have passed rules and regulations to do so. This abstract looks at significant cases that have widened legal frameworks and encouraged sustainable development. Two notable and well-known cases are MK Ranjitsinh and IRS v. UOI 2024. Articles 14 and 21 in the Constitution were expanded by the SC, which concluded that citizens had a basic right to be protected from the varied effects of climate change.Key cases pertaining to constitutional rights include M.C. Mehta vs UOI, 1987, Tehri Vidrohi Sangharsh Samiti vs. State of Uttar Pradesh,1990, Olga Tellis and Others vs Bumbai Municipal Corporation and Others, Vellore Citizens Welfare Forum, 1996, Kendra Dehradun vs. State of UP.

Gloucester Resources Limited v. Planning Minister, 2019: Since the project’s economic benefits were deemed “uncertain and substantially overstated,” the decision is not based only, or even primarily, on climate change considerations; rather, it is based on more thorough planning as well as environmental considerations alongside a complete cost-benefit analysis.

 Juliana v. United States (2016): In this instance, young climate activists argue that the US government’s actions and negligence on climate change violate the Constitution’s guarantees to life, liberty, and the possession of property. The case has raised awareness of intergenerational equity and climate justice despite legal challenges.

In Sharma v. Union of India (2023), The Indian Supreme Court ordered the government to take prompt action to combat air pollution in Delhi-NCR, emphasizing the link between atmospheric pollution and climate change.

The UK High Court held in R (ClientEarth) v. Secretary of State for Transport (2023) that the Nation’s net-zero strategy is insufiicient, which emphasized the need for specific actions to reach climate targets. In State of Odisha v. Union of India (2024), The Indian Supreme Court emphasized the need for sustainable development with safeguarding the environment in the midst of mining activities, highlighting the importance of finding a balance among environmental concerns and economic advancement. The following noteworthy case laws highlight the expanding application of legal tools to combat climate change and promote sustainable development the People’s Climate Case (2021), Milieudefensie v. Shell (2021), Le Quéré v. France (2021), and Urgenda Foundation v. State of the Netherlands (2015). They emphasize the importance of responsibility and equity across generations as well as the part courts play in advancing climate action.

“OLD PENSION SCHEME VS NEW PENSION SCHEME IN INDIA: A COMPARATIVE, FISCAL, SOCIAL & POLICY ANALYSIS”

AUTHOR – DR. WAHEED ALAM, ASSISTANT PROFESSOR AT FACULTY OF LAW, SHIA PG COLLEGE, LUCKNOW

BEST CITATION – DR. WAHEED ALAM, “OLD PENSION SCHEME VS NEW PENSION SCHEME IN INDIA: A COMPARATIVE, FISCAL, SOCIAL & POLICY ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 01-04, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I71

Abstract

The transition from the Old Pension Scheme (OPS), a defined-benefit pension system, to the New Pension Scheme (NPS), a defined-contribution model, represents one of the most significant public policy shifts in India’s social security architecture. This paper examines the structural differences between OPS and NPS, their fiscal implications, social welfare outcomes, employee perspectives, and institutional challenges. Drawing upon official reports (OASIS Committee, PFRDA annual reports), state-level case studies of reversion, and empirical data, the paper argues that while NPS offers greater fiscal sustainability, it introduces risks and uncertainties for retirees, especially lower‐income government employees. The paper proposes hybrid approaches and specific policy reforms—such as inflation-indexed annuities and minimum guaranteed pensions—to reconcile financial sustainability with social protection.

Keywords: Old Pension Scheme (OPS), New Pension Scheme (NPS), Defined Benefit, Defined Contribution, Pension Reform, Fiscal Sustainability, Annuity, India, Social Security.