Category: Volume 6 and Issue 9 of 2026

“CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”

AUTHOR – MOHIT KANDWAL, STUDENT AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

BEST CITATION – MOHIT KANDWAL, “CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 895-900, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Custodial torture remains one of the most serious violations of human rights in India despite constitutional guarantees and legal safeguards. It refers to the physical, psychological, or emotional abuse inflicted upon individuals by law enforcement authorities while they are in custody. Such practices undermine the rule of law, human dignity, and public confidence in the criminal justice system. The Indian Constitution guarantees protection against arbitrary arrest and inhuman treatment under Articles 20, 21, and 22. Nevertheless, incidents of custodial violence, deaths, and illegal detention continue to be reported across the country. Judicial interventions, including landmark decisions of the Supreme Court, have attempted to establish safeguards against custodial abuse. This study critically examines the concept, causes, legal framework, judicial approach, and challenges associated with custodial torture in India. It further evaluates the effectiveness of existing laws and proposes measures to ensure accountability, transparency, and protection of human rights within the criminal justice system.

Keywords: Custodial Torture, Custodial Violence, Human Rights

POLITICAL DEFECTION AND PARTY LEADERSHIP DISPUTES: ASSESSING THE APPLICABILITY OF THE TENTH SCHEDULE TO DISSIDENT MEMBERS OF PARLIAMENT

AUTHOR – KARTHIKEYAN J* & GAYATHRI J**

* LAW GRADUATE FROM AMITY LAW SCHOOL NOIDA

** ADVOCATE FROM MADRAS HIGH COURT

BEST CITATION – KARTHIKEYAN J & GAYATHRI J, POLITICAL DEFECTION AND PARTY LEADERSHIP DISPUTES: ASSESSING THE APPLICABILITY OF THE TENTH SCHEDULE TO DISSIDENT MEMBERS OF PARLIAMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 884-894, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Political defections have consistently posed a challenge to the stability and integrity of India’s parliamentary democracy. In response to the increasing frequency of legislators changing party allegiance for political gain, Parliament enacted the Constitution (Fifty-Second Amendment) Act, 1985, introducing the Tenth Schedule, commonly known as the Anti-Defection Law. While the legislation aimed to curb unprincipled defections, contemporary political developments have revealed significant constitutional dilemmas concerning intra-party disputes and rival claims to party leadership. These conflicts raise a fundamental legal question: whether Members of Parliament (MPs) who separate themselves from the official leadership of a political party can be disqualified under the Tenth Schedule for political defection. This article critically examines the constitutional framework, judicial interpretation, and contemporary challenges relating to dissident legislators. Through an analysis of landmark Supreme Court decisions and recent political controversies, the article evaluates the extent to which opposition to party leadership amounts to voluntary relinquishment of party membership. The study argues that while the Tenth Schedule remains essential for preserving governmental stability, its present framework requires substantial reform to reconcile party discipline with democratic dissent.

Keywords: Anti-Defection Law, Tenth Schedule, Political Defection, Party Leadership, Dissident MPs, Parliamentary Democracy, Judicial Review.

CLASSIFICATIONS OF DEATH: A JURISPRUDENTIAL, MEDICAL AND LEGAL ANALYSIS

AUTHOR – RAVINDHAR S, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – RAVINDHAR S, CLASSIFICATIONS OF DEATH: A JURISPRUDENTIAL, MEDICAL AND LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 869-883, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Death is a multidimensional concept examined by medicine, law, philosophy and ethics. This paper analyses the principal classifications of death, including natural, unnatural, clinical, biological, brain, legal, civil and presumed death. It evaluates their significance in criminal law, evidence, succession, organ transplantation and human rights jurisprudence.

CENTRAL VIGILANCE COMMISSION: ITS ROLE IN PROMOTING INTEGRITY, TRANSPARENCY AND GOOD GOVERNANCE IN INDIA

AUTHOR – RAVINDHAR S, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – RAVINDHAR S, CENTRAL VIGILANCE COMMISSION: ITS ROLE IN PROMOTING INTEGRITY, TRANSPARENCY AND GOOD GOVERNANCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 847-868, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Corruption continues to pose a serious threat to democratic governance, public accountability, and administrative efficiency in India. In response to this challenge, the Government of India has established various institutional mechanisms to prevent and combat corruption, among which the Central Vigilance Commission (CVC) occupies a pivotal position. Established in 1964 on the recommendations of the Santhanam Committee, the CVC was initially constituted as a non-statutory body and was later accorded statutory status through the Central Vigilance Commission Act, 2003. As the apex vigilance institution of the country, the Commission is entrusted with the responsibility of supervising vigilance administration, monitoring corruption-related investigations, and advising central government organizations on matters concerning integrity and accountability.

This research paper examines the historical development, legal framework, organizational structure, powers, and functions of the Central Vigilance Commission. It further analyzes the Commission’s role in promoting transparency, good governance, and ethical conduct within public administration. The study also evaluates the effectiveness of the CVC in addressing corruption-related issues, protecting whistleblowers, and strengthening vigilance mechanisms across government institutions. Additionally, the paper identifies the major challenges faced by the Commission, including limitations in enforcement powers, procedural delays, and institutional constraints. The study concludes by proposing reforms aimed at enhancing the autonomy, efficiency, and effectiveness of the CVC in fulfilling its mandate and contributing to a corruption-free governance system in India.

Keywords: Central Vigilance Commission (CVC), Corruption, Vigilance Administration, Accountability, Transparency, Good Governance, Public Administration, Anti-Corruption Framework.

FAITH, FRAUD AND FAMILY LAW: A CASE COMMENT ON LILY THOMAS V. UNION OF INDIA

AUTHOR – SRI SANJANA RAYUDU, STUDENT AT O P JINDAL GLOBAL UNIVERSITY

BEST CITATION – SRI SANJANA RAYUDU, FRAUD AND FAMILY LAW: A CASE COMMENT ON LILY THOMAS V. UNION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 842-846, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I987

Introduction

India’s rich mélange of religions and cultures, alongside its secularity enshrined in its constitution, has brought forth multiple intersections and nuances that lawmakers had to very intricately navigate through. In the 20^th century, these intersections had shone light onto religion-specific personal and marriage laws, where governance and legal procedures varied based on the religions of the individuals involved. The laws, procedures, and governance, varied substantially from statute to statute, as they were rooted in the beliefs of their respective religions. One such specific instance where these differences are highlighted can be seen in the Hindu Marriage Act, 1955 (hereinafter referred to as the “HMA”),  which applied to Hindus, Buddhists, Jains and Sikhs, prohibits the act of bigamy—which is marrying more than one individual.^[1] In another religion, namely Islam, however, the act of bigamy is not prohibited, albeit is regulated by other stipulations and conditions.^[2]This brought forth a loophole, that was going to be heavily exploited and bring to light a new problem altogether: faithless, fake conversions from Hinduism to Islam, that were solely done to be able to marry more than one woman.

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[1] Hindu Marriage Act, 1955, No. 25, Acts of Parliament, 1955 (India).

[2] The Muslim Personal Law (Shariat) Application Act, 1937, No. 26, Acts of Parliament, 1937 (India).

INTELLECTUAL PROPERTY RIGHTS IN COMMERCIAL OUTER SPACE: LEGAL FRAMEWORKS, JURISDICTIONAL CHALLENGES, AND THE PATH TO REFORM

AUTHOR – MEGHA AGARWAL, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES, BENGALURU

BEST CITATION – MEGHA AGARWAL, INTELLECTUAL PROPERTY RIGHTS IN COMMERCIAL OUTER SPACE: LEGAL FRAMEWORKS, JURISDICTIONAL CHALLENGES, AND THE PATH TO REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 825-841, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I986

Abstract

With commercialization of outer space, a series of legal problems that cannot be solved by traditional legal instruments arose. With new private corporations, like SpaceX, Blue Origin, OneWeb, and many others taking up the jobs of national space agencies, issues of protection of IP rights become very relevant. This is because private corporations spend a large amount of money on development of new technologies which make them more efficient at reaching their goal, delivering payload into orbit. However, with the absence of a clear solution to the problem of protecting those rights, it remains unclear how private corporations can be compensated for their investment.

The purpose of this paper is to analyze the current situation in terms of protecting IP rights in outer space. In other words, this paper will examine the current legal regime and will look into the history of development of such regulation. This paper will pay special attention to the works of key institutions and organizations in the field of space law as well as existing case law in the field. This paper will also use as evidence provisions of international agreements (e.g. 1967 Outer Space Treaty) and relevant national laws (35 U.S.C. § 105).

As can be concluded after careful examination of relevant materials, the existing legal regime was developed for a completely different period of time. The assumptions that states would act in outer space, that scope of space activities would be limited, that it would be possible to establish jurisdictions and solve questions of ownership via interstate diplomatic relations are all false today. Unless the above assumptions are revised, there will be no way to adequately protect intellectual property rights in outer space.
KEYWORDS: Intellectual Property (IP) Rights, Outer Space Treaty (1967), Space Law, Moon Agreement, Paris Convention

GREEN INNOVATION IN CHAINS: RECONCILING INTELLECTUAL PROPERTY WITH ENVIRONMENTAL IMPERATIVES

AUTHOR – SPINITA PRIYADARSINI, RESEARCH SCHOLAR, BERHAMPUR UNIVERSITY; FACULTY OF LAW, LINGARAJ LAW COLLEGE, BERHAMPUR

BEST CITATION – SPINITA PRIYADARSINI, GREEN INNOVATION IN CHAINS: RECONCILING INTELLECTUAL PROPERTY WITH ENVIRONMENTAL IMPERATIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 817-824, APIS – 3920 – 0001 & ISSN – 2583-2344. https://doi.org/10.65393/IJLRV6I985

Abstract

The prevailing intellectual property rights regime, while intended to stimulate innovation, can paradoxically impede the widespread diffusion of green technologies, which is vital for addressing persistent environmental challenge. The patent system, a cornerstone of intellectual property rights, is frequently invoked as a key incentive for the development of climate change technologies; however, its efficacy in promoting environmental innovation is questionable due to the significant role of market demand in directing innovation. There is a growing need to integrate modern IPR systems with customary laws and international frameworks to safeguard traditional knowledge from exploitation and misappropriation. The rush to patent climate change technologies, driven by private funding and market incentives, may create substantial tensions within the patent system, particularly concerning equitable access to these technologies. These tensions could also lead to increased patent litigation, which could further hinder the dissemination of green technologies.

This article examines the inherent tension between IPRs and environmental imperatives, analyzing the impacts of the current system and proposing policy recommendations aimed at fostering a more balanced and effective approach to green innovation. It argues that reforms are needed to ensure that IPRs serve as enablers, rather than barriers, to a sustainable future.

Keywords: Environment, IPR, Biopiracy, Patent, WIPO.

“DNA PROFILING AND CRIME SCENE MANAGEMENT: A SCIENTIFIC APPROACH TO CRIMINAL INVESTIGATION”

AUTHOR – AKSHAYA S, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – AKSHAYA S, “DNA PROFILING AND CRIME SCENE MANAGEMENT: A SCIENTIFIC APPROACH TO CRIMINAL INVESTIGATION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 802-816, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The delivery of criminal justice increasingly relies on scientific investigative techniques in order to guarantee accuracy, reliability and fairness in the detection and prosecution of crimes. Among the range of forensic techniques available today, DNA profiling has become one of the most important tools for the identification of individuals and the establishment of links between suspects, victims and crime scenes. However, the effectiveness of DNA evidence is heavily dependent on proper crime scene management, as any error in the collection, preservation or handling of biological evidence may jeopardize the reliability of forensic results. This paper investigates the synergistic relationship between DNA profiling and crime scene management as components of modern criminal investigation. This paper discusses the concept of corpus delicti, basic principles of forensic science and the importance of systematic analysis of the crime scene in order to maintain the evidentiary value. The paper also discusses the historical development, the scientific basis, sources and processes of DNA profiling with emphasis on the identification of the offenders, victims and exoneration of innocent persons. Special attention is paid to processes of handling and preserving biological evidence and the importance of maintaining the chain of custody. The paper also discusses significant judicial pronouncements which have recognized the evidentiary value of DNA profiling and addresses the practical and legal issues regarding crime scene management and forensic DNA analysis. It is found that efficient management of crime scenes and precise DNA profiling are indispensable for improved criminal investigations and to boost the credibility of the criminal justice system. The study suggests improved forensic infrastructure, specialised training, standard protocols and robust legal safeguards to exploit the potential of DNA based evidence in criminal proceedings.

KEY WORDS: Corpus Delicit, DNA Profiling, Forensic Science, Crime Scene Management, Criminal Justice System

FORENSIC BALLISTICS IN CRIMINAL INVESTIGATIONS: ASSESSING THE RISK OF WRONGFUL CONVICTIONS AND MISCARRIAGES OF JUSTICE

AUTHOR – KAVITHA T, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – KAVITHA T, FORENSIC BALLISTICS IN CRIMINAL INVESTIGATIONS: ASSESSING THE RISK OF WRONGFUL CONVICTIONS AND MISCARRIAGES OF JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 788-801, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Forensic ballistics has consistently held a significant role in criminal investigations that involve firearms. Ballistic evidence is generally viewed by courts and law enforcement agencies as an extremely reliable type of scientific evidence capable of linking a firearm to a particular bullet or cartridge case recovered from a crime scene. This type of evidence is often key to the prosecution of murder, terrorism, organized crime, armed robbery, and other crimes involving firearms. But increased scrutiny by scientific organizations, legal scholars, and advocates for criminal justice reform has cast serious doubt on the reliability, validity, and evidentiary certainty of forensic ballistic identification. While ballistic evidence is often presented as objective and scientific, the identification of firearms is largely a function of the subjective interpretation of forensic examiners. Questions about examiner bias, methodological limitations, lack of standardization and absence of universally accepted error rates have reignited discussions of the role of forensic ballistics in wrongful convictions and miscarriages of justice.

This article critically examines the scientific principles of forensic ballistics, evidentiary significance of firearm identification and the circumstances under which ballistic evidence may lead to wrongful convictions. The article explores the legal treatment of ballistic evidence in India and other comparative jurisdictions, critically analyses the major criticisms of firearm identification techniques and evaluates the potential perils of excessive reliance on forensic expertise. It also investigates the new reforms to enhance scientific rigor, transparency and accountability in forensic investigation. The study concludes that forensic ballistics is an important investigative tool but its limitations must be recognized to prevent miscarriages of justice and to maintain the integrity of criminal adjudication.

Keywords: Forensic Ballistics, Wrongful Convictions, Firearm Identification, Expert Evidence, Criminal Investigation, Miscarriages of Justice, Forensic Science.

DEEPFAKE TECHNOLOGY: LEGAL CHALLENGES AND REGULATORY RESPONSES

AUTHOR – SREE PARVATHAVARTHINI SK* & DR. SANTOSH KUMAR TIWARI**

* LLM (STUDENT) AT SCHOOL OF LAW JUSTICE AND GOVERNANCE GAUTAM BUDDHA UNIVERSITY

** ASSISTANT PROFESSOR AT SCHOOL OF LAW JUSTICE AND GOVERNANCE GAUTAM BUDDHA UNIVERSITY

BEST CITATION – SREE PARVATHAVARTHINI SK & DR. SANTOSH KUMAR TIWARI, DEEPFAKE TECHNOLOGY: LEGAL CHALLENGES AND REGULATORY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 774-787, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The advent of artificial intelligence (ai) has changed the way that people communicate digitally, how we can create media, and how information is delivered. One of the greatest innovations in the use of ai is deepfake technology. Deepfake technology utilizes advanced machine-learning based algorithms to produce highly-realistic synthetic visual imagery (still images), video imagery, and audio-recordings. There are many benefits to using deepfakes including the potential for enhanced forms of entertainment, educational experiences, medical treatment options, and accessibility opportunities. However, there are a number of serious legal, ethical, and social concerns with respect to the use of deepfakes. Since their emergence as a viable tool for deception, individuals and organizations have employed them to further misinformation campaigns; distribute non-consentual pornographic images of individuals; influence elections; commit financial crimes such as stock market manipulation and account takeovers; steal identities; and engage in other forms of cyber-crime.

There are many potential problems that India will encounter when it attempts to regulate DeepFake technology. While India has implemented a number of laws (the Information Technology Act, 2000; the Digital Personal Data Protection Act, 2023; the Bharatiya Nyaya Sanhita, 2023) which partially address the issue of regulation of DeepFakes, none of these laws deal specifically with the problem of DeepFakes. The international community is beginning to develop legislation and regulatory schemes to mitigate the dangers posed by DeepFakes created using artificial intelligence.

This research evaluates the legal impact of deepfakes in terms of Indian constitutional law, criminal law, civil law and international law. It assesses whether current laws and regulations are sufficient to address this new form of deception and suggests an all-inclusive framework for regulating it in India. The analysis concludes that a balance is needed; one that will protect individual rights (of privacy, dignity and democracy) but also allow for creativity and free speech.

Keywords: Deepfake Technology, Artificial Intelligence, Privacy, Cybercrime, AI Governance, Data Protection, Digital Rights.