Category: Volume 6 and Issue 9 of 2026

ROLE OF MENS REA IN CRIMINAL BREACH OF TRUSTAND CRIMINAL MISAPPROPRIATION OF PROPERTY

AUTHOR – MR. PARAS YADAV & MANYA AGGARWAL

* STUDENT AT IILM UNIVERSITY, GREATER NOIDA

** PROFESSOR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – MR. PARAS YADAV & MANYA AGGARWAL, ROLE OF MENS REA IN CRIMINAL BREACH OF TRUSTAND CRIMINAL MISAPPROPRIATION OF PROPERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 184-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The legal maxim ‘Actus non facit reum nisi mens sit rea’, meaning that an act does not make a person guilty unless the mind is also guilty, lies at the very heart of the Indian criminal jurisprudence. Nowhere is this principle more consequential than in the law of property offences, where identical external conduct may constitute either a civil wrong or a criminal act, with the presence or absence of mens rea as the sole determinant.

This paper examines the role of dishonest intention, the operative form of mens rea, in the two cognate offences of Criminal Breach of Trust (CBT) under Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (formerly Section 405 of the Indian Penal Code, 1860) and Criminal Misappropriation of Property (CMP) under Section 314 BNS (formerly Section 403 IPC). Through an analysis of the statutory framework, judicial interpretation, and the distinction between civil liability and criminal culpability, the paper argues that dishonest intention is not merely one ingredient among many but the constitutive element that animates both offences.

THE CONCEPT OF LEGITIMATE EXPECTATION IN ADMINISTRATIVE LAW

AUTHOR – SREE PARVATHAVARTHINI SK, STUDENT AT SCHOOL OF LAW, JUSTICE & GOVERNANCE, GAUTAM BUDDHA UNIVERSITY GREATER NOIDA, UTTAR PRADESH -201312

BEST CITATION – SREE PARVATHAVARTHINI SK, THE CONCEPT OF LEGITIMATE EXPECTATION IN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 178-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The doctrine of legitimate expectation is a significant development in administrative law, serving as a mechanism to control the arbitrary exercise of power by public authorities. It operates as a bridge between fairness and legality by ensuring that individuals are treated in accordance with representations, promises, or established practices of administrative bodies. Though not a legal right in the strict sense, it has evolved into a crucial ground of judicial review. This paper examines the origin, development, scope, and limitations of the doctrine, with particular focus on its application in India and comparative insights from the United Kingdom. It also critically evaluates its effectiveness in ensuring administrative accountability.

Keywords: legitimate expectation, arbitrary, fairness, administrative bodies, judicial review, administrative accountability

BAILMENT UNDER THE INDIAN CONTRACT ACT, 1872: A CRITICAL STUDY OF THE RIGHTS AND DUTIES OF BAILOR AND BAILEE

AUTHOR – HRITIK KUMAR SINGH, STUDENT AT LLOYD LAW COLLEGE (LLC)

BEST CITATION – HRITIK KUMAR SINGH, BAILMENT UNDER THE INDIAN CONTRACT ACT, 1872: A CRITICAL STUDY OF THE RIGHTS AND DUTIES OF BAILOR AND BAILEE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 168-177, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Bailment is a cornerstone of the Indian law of contract, governing the temporary transfer of possession of movable goods without any corresponding transfer of ownership. Codified under Sections 148 through 181 of the Indian Contract Act, 1872, the doctrine imposes reciprocal rights and duties on the bailor (the person delivering the goods) and the bailee (the person receiving them) to ensure fair dealing and reasonable custody. This paper undertakes a doctrinal examination of the statutory provisions governing bailment, analyses the standard of care expected of the bailee, evaluates the judicial interpretation of bailment through landmark Indian case law, and offers a comparative perspective drawing on English and American common law. The study further assesses the continuing relevance of nineteenth-century bailment provisions to modern commercial activities including transportation, warehousing, logistics, and digital-era service relationships. The analysis concludes that while the statutory framework remains fundamentally sound, evolving commercial practices demand a more nuanced judicial approach to issues such as limitation-of-liability clauses, non-contractual bailment, and the interplay between bailment, tort, and contract.

Keywords—Bailment, bailor, bailee, Indian Contract Act, possession of goods, standard of care, lien, quasi-contract, comparative law, unjust enrichment

EFFECTIVENESS OF THE INFORMATION TECHNOLOGY ACT, 2000 IN ADDRESSING ONLINE SEXUAL HARASSMENT: A CRITICAL STUDY

AUTHOR – SAMYA SINGH* & DR. AISHWARYA SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – SAMYA SINGH & DR. AISHWARYA SINGH, EFFECTIVENESS OF THE INFORMATION TECHNOLOGY ACT, 2000 IN ADDRESSING ONLINE SEXUAL HARASSMENT: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 162-167, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid expansion of digital communication platforms has led to a parallel rise in online sexual harassment, posing serious challenges to individual dignity, privacy, and safety. In India, the Information Technology Act, 2000 (IT Act) serves as the primary legislation governing cyber activities. However, its effectiveness in addressing online sexual harassment remains debatable. This paper critically examines the adequacy of the IT Act in dealing with various forms of cyber sexual harassment, including cyberstalking, trolling, non-consensual sharing of intimate images, and online abuse. It explores the interplay between the IT Act and provisions of the Indian Penal Code, evaluates judicial responses, and highlights enforcement challenges. The study further identifies legislative gaps, particularly in addressing emerging technologies and gender-specific harms. By analysing legal, institutional, and societal limitations, the paper argues for a more comprehensive and victim-centric legal framework to effectively combat online sexual harassment in India.

GREEN TECHNOLOGY: A PATH TOWARDS ENVIRONMENTAL SUSTAINABILITY

A LEGAL, CONSTITUTIONAL AND COMPARATIVE ANALYSIS

AUTHOR – SHRUTI SINGH* & BABITA SINGH PARASAIN**

* STUDENT AT IILM UNIVERSITY GREATER NOIDA

** ASSISTANT PROFESSOR, IILM UNIVERSITY GREATER NOIDA

BEST CITATION – SHRUTI SINGH & BABITA SINGH PARASAIN,GREEN TECHNOLOGY: A PATH TOWARDS ENVIRONMENTAL SUSTAINABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I917

Abstract

There has never been a more pressing need to integrate technology, law, and environmental responsibility. This article explores green technology as a multifaceted tool of environmental sustainability, examining its constitutional foundations in the Indian legal system, significant court rulings that have influenced the development of environmental jurisprudence, and international policy responses from major economies like Germany, China, and the European Union. This article makes the case that green technology is a constitutional need rather than just a policy choice by referencing key Supreme Court and High Court rulings, current legislative frameworks, and constitutional requirements. It also examines comparative national models, highlights major obstacles to its acceptance, and analyses new trends that point to a new age in the relationship between law, technology, and the environment. Specifically, we look at the landmark Supreme Court decision in M.K. Ranjitsinh v. Union of India, which came down in 2024 and established, as a basic right under Articles 14 and 21, the right to be free from the adverse effects of climate change.

Keywords: Renewable Energy, Climate Change, Constitutional Law, Article 21, Green Technology, Environmental Sustainability, and Environmental Jurisprudence.

INSTITUTIONAL PROBLEMS AND PROTECTION OF REFUGEES: MEASURING UNHCR PERFORMANCE

AUTHOR – RAKSHA RAWAT* & MR. KHALEEQ AHMED**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – RAKSHA RAWAT & MR. KHALEEQ AHMED,INSTITUTIONAL PROBLEMS AND PROTECTION OF REFUGEES: MEASURING UNHCR PERFORMANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 143-148, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The refugee dilemma of the world has become so much more severe over the last several decades due to military conflicts and political instability, environmental catastrophes, as well as the violation of human rights. The United Nations high commissioner of refugees (UNHCR) is at the centre of ensuring the safety of refugees and ensuring that the international law of refugees is in fact observed, particularly the 1951 Refugee Convention and the 1967 Protocol. Although its role is vital, the organization continues to grapple with several structural and operational challenges that have a negative impact on its performance. Such issues involve scarcity of financial resources, the political restrictions of sovereign states, imbalanced burden-sharing among nations and the increased populations that are in the displacement all around the globe. This article discusses institutional weaknesses UNHCR experiences and how it has been fair to uphold the rights of refugees. It also examines the issue of whether the existing system in global governance of refugees assist the UNHCR to carry out its mandate and offers reforms that could enhance the global cooperation and increase the organizational capacity of the agency.

SHOULD INDIA REINTRODUCE THE JURY SYSTEM? A COMPARATIVE STUDY WITH THE UNITED STATES AND THE UNITED KINGDOM

AUTHOR – VIRAJ MALVIYA, STUDENT AT RASHTRIYA RAKSHA UNIVERSITY

BEST CITATION – VIRAJ MALVIYA, SHOULD INDIA REINTRODUCE THE JURY SYSTEM? A COMPARATIVE STUDY WITH THE UNITED STATES AND THE UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 132-142, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I915

Abstract

It is a legal process where a group of people (jurors) are sworn to hear trial, see the evidence and determine facts and give the verdict or decision. The jury will find whether a person is guilty / not guilty or liable / not liable. The jury system is designed to ensure the honesty of judges (who explain the law). The jurors will vote for the decision whether a person is guilty or not.

The jury system is abolished by India following the landmark judgment or decision in the case of K.M.NANAVATI v/s STATE OF MAHARASHTRA^[1]. This research paper examines a comparative and detailed study of the jury system in India, United States, United Kingdom. With the help of comparative analysis, the study evaluates the compatibility of Jury trials with Article 21 of the Indian Constitution^[2]. This study also talks about the reason for abolition of Jury system; it also includes the analysis why jury trials are important to democracy of United states and United Kingdom.

The research paper examines that the Jury system make the democratic values best and safeguarding the authority of courts but in India, they face structural, social, and operational difficulty which change the whole scenario from United States and United Kingdom. In this research paper it also examines that how jury trials works in United States which protects the jury rights for trials under the Sixth Amendment^[3]. In United Kingdom, the jury trials continue in serious offences under Crown Court proceedings.

The research paper evaluates that the Jury system will be transparent for the public of India, but India needs a well-controlled system alteration or modification because of its unique social-legal structure. This paper examines that to reintroduce the Jury trials in India, it requires small steps with full institutional support to do complete restoration and to create a new Jury system.

Keywords- Jury System, Comparative Criminal Justice, Trial by Jury, Article 21 of the Indian Constitution, Fair Trial, Participatory Justice, K. M. Nanavati v. State of Maharashtra, Sixth Amendment, Crown Court Jury Trials, Criminal Justice System Reform

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[1] K.M. Nanavati v. State of Maharashtra, A.I.R. 1962 S.C. 605 (India).

[2] INDIA CONST. art. 21.

[3] U.S. CONST. amend. VI.

“BALANCING LIBERTY, DISSENT & PUBLIC ORDER IN CONTEMPORARY INDIA” – “RE-DEFINING THE CONSTITUTIONAL PHILOSOPHY OF ARTICLE 19(1)A IN THIS MODERN ERA”

AUTHOR – PRATHAMESH SANJAY, STUDENT AT SYMBIOSIS LAW SCHOOL, NAGPUR

BEST CITATION – PRATHAMESH SANJAY, “BALANCING LIBERTY, DISSENT & PUBLIC ORDER IN CONTEMPORARY INDIA” – “RE-DEFINING THE CONSTITUTIONAL PHILOSOPHY OF ARTICLE 19(1)A IN THIS MODERN ERA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I914

Abstract

The theme of “Balancing the liberty, dissent & public order” defines the free speech and preserves the social stability. Article 19(1)(a) guarantees freedom of speech & expression. Which is one of the foundational democratic Right of a citizen, The proviso embodies the idea of liberty, accountability and participatory governance. The free speech has been open to various judicial interpretation, through over the year there have been drastic changes regarding the article, various tests are there from reasonable restriction till present day the proportionality test. Article 19(2) defines the reasonable restriction on free speech and freedom of expression. Presently the paper will deal through philosophy of 19(1) with the rising challenges with regards to free speech in this algorithmic era. We will also come various tests which the court has made a foundation to determine what is deemed to be reasonable and unreasonable? the emergence of hate speech and polarized discourse challenges the fine balance between liberty and equality in a plural society. The regulatory measures may lead to overbreadth, which may chill dissent and democratic participation. The main part will deal with the judicial evolution of Article 19(1) and compare it to modern day situation of public order and digital governance. We will see how the dissent is to be protected while applying restriction which are narrow, reasonable, proportionate in this Algorithmic sphere.

Key words: Accountability, Algorithmic, Reasonable, Polarized, restriction, Hate-speech, liberty, equality.

THE JURISPRUDENTIAL DICHOTOMY BETWEEN ENTERTAINMENT TAX AND SPORTING RECOGNITION IN TRANSANATIONAL COMMERCIAL LAW: AN ANALYSIS OF FORMULA ONE RACING

AUTHOR – AVINASH KESHARI* & AISHWARYA SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – AVINASH KESHARI & AISHWARYA SING,THE JURISPRUDENTIAL DICHOTOMY BETWEEN ENTERTAINMENT TAX AND SPORTING RECOGNITION IN TRANSANATIONAL COMMERCIAL LAW: AN ANALYSIS OF FORMULA ONE RACING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 118-126, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I913

Abstract

The Formula One Indian Grand Prix was a historic step in the commercialisation of representing a profound milestone in the globalization of professional sport. However, state authorities classified the event exclusively as entertainment rather than a sport, thereby stripping this premier motorsport of its professional sporting status for tax purposes. This brought about a major legal and financial crisis, which led to the untimely departure of the event after only three seasons. The main aim of the chapter is to give a comprehensive doctrinal examination of the taxation system of transnational mega-sporting events in India. It compares the domestic statutory interpretations with the international taxation paradigm. This study is methodologically based on the systematic thematic analysis of primary statutory tools: the Uttar Pradesh Entertainments and Betting Tax Act, 1979. It uses these alongside pivotal judicial pronouncements to deconstruct the arbitrary legislative distinction between games of skill and leisure activities. The analysis, by relying on the landmark Supreme Court case of K.R. Lakshmanan v. State of Tamil Nadu, asserts the sporting nature of motorsports. Moreover, the report is a critical assessment of international sports taxation jurisprudence in Formula One World Championship Ltd. v. Comm’r of Income Tax. It outlines the intricate parameters of a Permanent Establishment in Article 5(1) of the India-United Kingdom Double Taxation Avoidance Agreement. Results indicate that there is a deep-rooted systemic tension between Lex Sportiva and sovereign fiscal policies, which is intrinsically repelling foreign direct investment. As the chapter moves into the modern era, the ameliorative effect of the Goods and Services Tax regime and officialization of the Federation of Motor Sports Clubs of India is evaluated. It measures the effects of these regulatory changes on nascent events. The chapter is ended with detailed policy recommendations. Their purpose is to reconcile definition of sport under fiscal laws and incorporate special tax dispute resolution provisions in the Draft National Sports Governance Bill, 2024.

Keywords: Formula One; Entertainment Tax; Lex Sportiva; Permanent Establishment; Sports Law; DTAA.

LAW RELATING TO CONTRACT FARMING: RIGHTS AND PROTECTION OF THE FARMER

AUTHOR – MUKUL PA* & ASHOK DOBHAL**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – MUKUL PA & ASHOK DOBHAL,LAW RELATING TO CONTRACT FARMING: RIGHTS AND PROTECTION OF THE FARMER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 111-117, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I912

Abstract

Agriculture in India is currently at a crossroads, transitioning from traditional methods to more commercialized structures like Contract Farming. This research article explores the intricate legal relationship between individual farmers and corporate sponsors. While contract farming is often presented as a solution to market volatility—providing farmers with access to better technology, quality seeds, and a guaranteed purchase price—it also introduces significant legal risks. The primary focus of this study is the inherent power imbalance between big agribusiness firms and small-scale farmers. Often, the complexity of legal contracts and the lack of awareness lead to situations where the farmer’s rights are compromised.^[1] The article critically analyzes the existing regulatory framework and the transition in Indian agrarian laws to determine if they offer sufficient protection against exploitation. Using a doctrinal approach, the research identifies key “loopholes” in dispute resolution and price-fixing mechanisms, particularly highlighting the payment default crises seen in industries like the Sugar Mill and Cotton Company.^[2] The findings suggest that for contract farming to be truly sustainable, there must be a mandatory inclusion of transparent grievance redressal and safeguards against land alienation. Ultimately, the paper argues for a balanced legal model that promotes corporate investment without sacrificing the socio-economic security of the farming community.

Keywords: Contract Farming, Farmer Rights, Agricultural Law, MSP, RFCTLARR Act 2013, Indian Economy, Dispute Resolution, APMCs.

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[1] Food and Agriculture Organization (FAO), Legal Aspects of Contract Farming, FAO Legislative Study No. 111 (2016) (analyzing information asymmetry and lack of contractual legal literacy among small landholders globally).

[2] Sukhpal Singh, Contracting Out Solutions: Political Economy of Contract Farming in the Indian Punjab, 35(5) World Development 891–907 (2007) (discussing multi-sector payment crises and supply chain breakdowns in corporate contract processing)