Category: Volume 6 and Issue 7 of 2026

DECRIMINALISING THE PROCESS, NOT THE LAW: MEDIATION IN CHEQUE DISHONOUR CASES

AUTHOR – SAKSHAM KHANDARE, STUDENT AT THE MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA

BEST CITATION – SAKSHAM KHANDARE, DECRIMINALISING THE PROCESS, NOT THE LAW: MEDIATION IN CHEQUE DISHONOUR CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 799-810, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I790

Abstract

Section 138 of the Negotiable Instruments Act, 1881 criminalises cheque dishonour for insufficiency of funds or exceeding the arranged amount. Though framed as a criminal offence, its primary purpose is to secure repayment of a legally enforceable debt rather than to punish the drawer through incarceration. Complainants typically seek recovery of money, and the threat of jail serves mainly as leverage. As a result, most cases are eventually settled or compounded, with only a small fraction reaching full trial and conviction.

Despite amendments and Supreme Court guidelines for speedy disposal, over 43 lakh Section 138 cases remain pending across India, accounting for a large share of magisterial court workload, especially in major cities. The offence has a distinct quasi-civil character: criminal in procedure but compensatory in substance, as repeatedly noted by the Supreme Court.

The compounding framework under Section 147 allows settlement at any stage, yet it lacks a structured pathway to facilitate negotiations. This paper argues for decriminalising the process, not the law, retaining the deterrent effect of the offence while introducing mandatory pre-trial mediation as the default first step after cognizance.

Mediation, supported by the Mediation Act, 2023, offers a faster, confidential, and party-driven mechanism to reach enforceable settlements, including payment schedules. Where mediation fails or bad faith is evident, ordinary criminal proceedings can continue without delay. This approach aligns with the compensatory objective of Section 138, reduces judicial burden, and draws on international models that favour civil recovery and administrative sanctions over routine criminal prosecution for simple defaults.

Keywords: Cheque Dishonour, Section 138 NI Act, Mediation, Process Decriminalisation, Compounding of Offences, Judicial Backlog, Restorative Justice, Digital Dispute Resolution

INSIDER TRADING AND ITS IMPACT ON CORPORATE GOVERNANCE PRACTICES IN INDIA: A LEGAL AND REGULATORY ANALYSIS

AUTHOR – ANIKET LODHI, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY, GANDHINAGAR, GUJARAT

BEST CITATION – ANIKET LODHI, INSIDER TRADING AND ITS IMPACT ON CORPORATE GOVERNANCE PRACTICES IN INDIA: A LEGAL AND REGULATORY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 789-798, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Insider trading is a major regulatory concern for securities markets in emerging markets such as India, in terms of preventing insider trading for ensuring market integrity, efficiency and transparency. It violates the concept of market efficiency by enabling certain persons, like directors, employees or related persons to use unpublished price sensitive information (UPSI) to trade securities. This doctoral thesis reviews regulatory and legislative provisions relating to insider trading in India and assesses how it affects corporate governance.

The analysis is mainly confined to the role of the Securities and Exchange Board of India (SEBI) – the primary regulatory body established under the Securities and Exchange Board of India Act, 1992. It also assesses the impact of the SEBI (Prohibition of Insider Trading) Regulations, 2015, which constitute a robust framework to curb the misuse of UPSI and ensure equity in the trading practices of companies. This study examines the progression of insider trading regulations in India from the early disclosure-based approach under the Companies Act, 1956 to the current “enforcement” approach.

The paper further examines the links between insider trading and corporate governance. The presence of effective regulatory measures, including disclosure norms, trading bans, codes of conduct, and compliance frameworks, are vital to improving the corporate governance structure by increasing accountability, transparency and integrity. The paper provides insights into how enforcement by SEBI helps improve corporate governance through prevention of fraudulent activities and enhancing investor trust.

Nonetheless, despite clear legal framework, there are challenges in enforcing insider trading laws. These challenges include proof problems, technological progress enabling covert forms of communication, and cross-border trading. This paper critically examines these issues and stresses the importance of ongoing regulatory reforms, enhanced monitoring mechanisms and global cooperation.Overall, the study underscores that effective insider trading regulation is indispensable for maintaining fair securities markets and fostering long-term investor trust in India’s financial system.

Keywords- Insider Trading, Corporate, Governance, Unpublished Price, Sensitive Information, Securities Market Regulation and Investor Protection

POLICE CONFESSIONS AND ITS JUDICIAL SCRUTINY: AN ANALYSIS UNDER BHARATIYA SAKSHYA ADHINIYAM 2023

AUTHOR – K. L. RICHERSUN, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – K. L. RICHERSUN, POLICE CONFESSIONS AND ITS JUDICIAL SCRUTINY: AN ANALYSIS UNDER BHARATIYA SAKSHYA ADHINIYAM 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 782-788, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The enactment of the Bharatiya Sakshya Adhiniyam, 2023 (hereinafter “BSA”) marks a decisive legislative departure from the colonial Indian Evidence Act of 1872, fundamentally reconfiguring the evidentiary framework governing police confessions in India. Confessions made to police officers occupy a uniquely controversial position within criminal jurisprudence—they are simultaneously indispensable investigative tools and potent instruments of abuse. The BSA, while retaining the structural core of its predecessor’s confession-related provisions, introduces subtle yet significant modifications that carry profound implications for criminal trials, custodial rights, and the constitutional guarantee against self-incrimination. This paper undertakes a comprehensive examination of the statutory provisions governing police confessions under the BSA, traces the evolution of judicial scrutiny through landmark Supreme Court decisions, and evaluates whether the new legislation adequately addresses the persistent concerns of coercion, voluntariness, and procedural fairness. It also conducts a comparative assessment with the Bharatiya Nagarik Suraksha Sanhita, 2023, the contemporaneous procedural code, to present a holistic picture of the reformed legal architecture. The paper concludes that while the BSA represents a constructive step toward modernisation, critical lacunae remain, particularly in relation to mandatory audio-visual documentation, legal access during interrogation, and the absence of an independent oversight mechanism for custodial confessions.

Keywords: Bharatiya Sakshya Adhiniyam 2023, Police Confession, Custodial Confession, Judicial Scrutiny, Self-Incrimination, Voluntariness, BSA, Indian Evidence Law.

REGULATING THE WAGER: SPORTS BETTING AND GAMBLING LAW IN INDIA

LEGAL DEFICIENCIES, JUDICIAL TRAJECTORIES, AND THE IMPERATIVE FOR REFORM

AUTHOR – V ANBARASAN* & D ROHAN KUMAR**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

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

BEST CITATION – V ANBARASAN & D ROHAN KUMAR, REGULATING THE WAGER: SPORTS BETTING AND GAMBLING LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 773-781, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Sports betting and gambling in India occupy an uneasy intersection of colonial inheritance, constitutional complexity, and digital disruption. This article examines the manifold inadequacies of the existing Indian regulatory framework — anchored in the anachronistic Public Gambling Act 1867 — and traces the judiciary’s evolving jurisprudence on the skill-chance distinction as it has been applied to fantasy sports and online gaming. Drawing on comparative analysis of regulatory models in the United Kingdom, Australia, and the United States, the article argues that India’s continued adherence to a prohibitionist approach is counterproductive and that a coherent, evidence-based regulatory framework is urgently required. The article concludes with specific legislative, institutional, and consumer-protection recommendations, including the enactment of framework gambling legislation and the creation of an independent National Gambling Regulatory Authority.

Keywords: Sports Betting, Public Gambling Act 1867, Skill-Chance Dichotomy, Online Gaming, Fantasy Sports, Gambling Regulation, Law Reform, India

NEED FOR A REFUGEE LAW IN INDIA: A CRITICAL ANALYSIS

AUTHOR – R. RAMPRAKASH* & SREE LAKSHMI.B**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

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

BEST CITATION – R. RAMPRAKASH & SREE LAKSHMI.B, NEED FOR A REFUGEE LAW IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 771-772, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India has historically been a major host to refugees, offering shelter to diverse populations fleeing persecution and conflict. Despite this humanitarian tradition, the absence of a dedicated refugee law has resulted in an inconsistent and discretionary framework governed primarily by the Foreigners Act, 1946. This paper critically examines the legal vacuum in India’s refugee protection regime, the role of constitutional provisions and judiciary, and the necessity for a comprehensive statutory framework. It argues that a codified refugee law is essential to ensure uniformity, protect human rights, and balance national security with humanitarian obligations.

Keywords: Refugee Law, India, Non-Refoulement, Human Rights, Foreigners Act, Article 21

A CRITICAL STUDY ON COPYRIGHT ISSUES IN DIGITAL MEDIA

AUTHOR – SOLAI VATHAN R* & SREE LAKSHMI .B**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

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

BEST CITATION – SOLAI VATHAN R & SREE LAKSHMI .B, A CRITICAL STUDY ON COPYRIGHT ISSUES IN DIGITAL MEDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 768-770, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid growth of digital media and artificial intelligence has significantly challenged traditional copyright frameworks. This study examines contemporary copyright issues, including unauthorized digital reproduction, platform liability, and emerging concerns related to AI-generated content. By analyzing Indian legal provisions, international frameworks, and recent case laws, the paper identifies a widening regulatory gap between technological advancement and legal enforcement. The research also highlights low public awareness and enforcement inefficiencies as key contributors to widespread infringement. The study concludes with recommendations for strengthening copyright protection while maintaining a balance between creators’ rights and public access.

CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS

AUTHOR – M. VANESH* & R. KALAISELVI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

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

BEST CITATION – M.VANESH & R.KALAISELVI, CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 765-767, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Custodial violence remains one of the most serious human rights violations within the Indian criminal justice system. Despite constitutional guarantees and judicial safeguards, instances of torture, abuse, and custodial deaths persist. This paper critically examines the legal framework governing custodial conduct in India, evaluates its effectiveness, and identifies structural gaps in enforcement. It argues that the absence of a dedicated anti-torture law, weak accountability mechanisms, and institutional culture contribute significantly to the persistence of custodial violence. The study concludes by recommending comprehensive legal and institutional reforms to ensure accountability and protection of detainees’ rights.

Keywords: Custodial violence, human rights, police brutality, legal safeguards, India, torture

A CRITICAL STUDY ON THE IMPACT OF SOCIAL MEDIA ON THE RIGHT TO PRIVACY

AUTHOR – G. AKILAN* & SREE LAKSHMI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

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

BEST CITATION – G. AKILAN & SREE LAKSHMI, A CRITICAL STUDY ON THE IMPACT OF SOCIAL MEDIA ON THE RIGHT TO PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 762-764, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid expansion of social media platforms has transformed communication, information sharing, and digital interaction. While these platforms enhance connectivity and participation, they also raise serious concerns regarding the protection of the right to privacy. This paper critically examines how social media affects individual privacy through data collection, surveillance, and user behavior. It evaluates legal frameworks, corporate practices, and user awareness while identifying key challenges such as data misuse, weak consent mechanisms, and regulatory gaps. The study concludes with recommendations to strengthen privacy protection through legal reforms, corporate accountability, and increased digital literacy.

UNMASKING CARTELS: A COMPARATIVE ANALYSIS OF ANTITRUST LENIENCY AND LESSER PENALTY SCHEMES IN THE USA, UK, EU, AND INDIA

AUTHOR – ARJUN SAJISH, STUDENT AT CHRIST UNIVERSITY, PUNE LAVASA

BEST CITATION – ARJUN SAJISH, UNMASKING CARTELS: A COMPARATIVE ANALYSIS OF ANTITRUST LENIENCY AND LESSER PENALTY SCHEMES IN THE USA, UK, EU, AND INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 751-760, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I782

Abstract

This paper provides a comparative analysis of antitrust leniency and lesser penalty programs in four significant jurisdictions: the US, UK, EU, and India. In this context, through the study of the statutory and procedural framework, it evaluates the criteria for leniency, reduction percentages, confidentiality clauses, and withdrawal procedures. This paper also examines the recent development, namely in India where the Lesser Penalty Regulations, 2024 introduce the “Lesser Penalty Plus” program. The research findings are based on the examination of the substantive law and case law principles, illustrating the way in which competition authorities use tiered rewards in order to undermine anticompetitive arrangements as well as encourage voluntary compliance

Keywords: Withdrawal, lesser Penalty Regulations, Substantive Law, Anticompetitive Arrangements

“CLIMATE CHANGE AS ENVIRONMENTAL CRIME: NEED FOR CRIMINAL LAW RESPONSE”

AUTHOR – SUPRIYA KUMARI, LLM STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – SUPRIYA KUMARI, “CLIMATE CHANGE AS ENVIRONMENTAL CRIME: NEED FOR CRIMINAL LAW RESPONSE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 744-750, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Climate change is usually discussed as a policy failure, a market failure or a civil liability issue. This article argues that the scale, foreseeability and unequal distribution of climate harm also justify a carefully designed criminal law response. The purpose is not to criminalise every emitter, ordinary energy use or development activity, but to address knowing, reckless and profit-driven conduct that creates severe, widespread or long-term climate-related environmental harm. Drawing on current scientific data, India-specific greenhouse gas information, climate litigation trends and emerging international criminal law debates on ecocide and environmental crimes, the article explains why criminal law should become part of a broader climate governance framework. It proposes a graded model that combines corporate criminal liability, individual responsibility of decision-makers, climate-related fraud offences, mandatory disclosure duties, sentencing principles, restorative remedies and protection against over-criminalisation. The argument is that climate criminality must be attached to culpable conduct, not mere contribution to emissions, and must be supported by science-based attribution, due process and proportionality.

Keywords – Climate change; environmental crime; ecocide; corporate criminal liability; greenhouse gas emissions; criminal law; India; climate justice; environmental governance.