Category: Volume 6 and Issue 9 of 2026

FROM COLONIAL LEGACY TO CONSTITUTIONAL IMPERATIVE: CHARTING THE EVOLUTIONARY ARCHITECTURE OF INDIA’S EXTRADITION ACT, 1962

AUTHOR – KM. PRIYANSHI* & ASHOK DOBHAL**

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

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

BEST CITATION – KM. PRIYANSHI & ASHOK DOBHAL, FROM COLONIAL LEGACY TO CONSTITUTIONAL IMPERATIVE: CHARTING THE EVOLUTIONARY ARCHITECTURE OF INDIA’S EXTRADITION ACT, 1962, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 570-579, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I961

ABSTRACT

The Extradition Act, 1962 is an early law in the Indian system of international criminal cooperation, adopted in the post-independence period to supersede the disjointed colonial system that was used to regulate the handing over of fugitives across international boundaries. This chapter systematically examines the history of the legislative change, judicial interpretation, and structural changes that have influenced the Act throughout the six decades of legal practice. The main aims of this investigation are three-fold, to follow the historical and normative roots of extradition law in India in its colonial roots to its contemporary legislative manifestation; to examine the significant legislative reforms that refocused the scope of the Act, especially the reforms of 1993 and the additional legislative evolution since then; .in providing substantive meaning to the principle of dual criminality and the political offense exception. The methodology of the chapter is a doctrinal approach, which relies on primary materials such as statutory texts, judicial decisions, treaty instruments, and parliamentary debates, with the comparative analysis of the common law jurisdictions such as the United Kingdom and Canada. The results show that the Act is structurally paradoxical as it has been heavily modernised in terms of legislation, yet still contains certain vestiges of colonial-era procedural rigidity, lack of coherent non-refoulement obligation, and systematic delays in the processing of extradition requests. The chapter ends with policy suggestions aimed at revising the procedural structure of the Act and aligning it with the modern international human rights requirements and treaty commitments, to better prepare the Indian extradition law to meet the needs of an ever more globalized and criminally complex world.

Keywords: Extradition Act 1962; Fugitive Criminals; Double Criminality; Political Offence Exception; Rule of Speciality; International Criminal Cooperation

DOCUMENT EXAMINATION: HANDWRITING & SIGNATURE ANALYSIS

AUTHOR – KEERTHANA PREETHI A, STUDENT AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, PERUNGUDI, CHENNAI

BEST CITATION – KEERTHANA PREETHI A, DOCUMENT EXAMINATION: HANDWRITING & SIGNATURE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 560-569, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Forensic science is considered to be a vital instrument for detection or investigation of crime and administration of Justice, providing crucial information about the evidence found at the crime scene, it is especially important that the training and education of forensic scientists provide solid scientific background and a broad base in criminalistics. One of primary part in criminalistics is Document examination that ensures to provide procedures regarding searching, collection and preservation of the evidence, to be submitted during trial. The Document Examination determines the validity and verifies the authenticity of the documents, that prevents forgery, imitation, alteration or fraud, etc. This article focuses on the handwriting and signature analysis that assists in uncovering the truth along with the evidence, wherein this examination enables the experts to identify authorship, detect alterations, whether they can be traced or not, and establishes the genuineness of the writings. By bridging law, science, and investigative reasoning, forensic document examination contributes significantly to the administration of justice. This article concludes that despite technological advancement and the rise of digital communication, handwriting and signature examination continue to hold immense evidentiary value. Further, this comprehensive approach ensures that document examiners may effectively assist with criminal investigations and give crucial evidence in judicial processes.

Keywords: Forensic Science, Document, Handwriting analysis, Signature analysis, Expert Opinion, etc.

FROM CONVICTION TO CONSTITUTION: THE BUDHADEV KARMASKAR CASE AND THE JUDICIAL RECOGNITION OF SEX WORKERS’ RIGHTS IN INDIA

AUTHOR – AYUSHMAN TIWARI* & DR. ANAND PRAKASH TIWARI**

* RESEARCH SCHOLAR, UNIVERSITY OF LUCKNOW

** ASSISTANT PROFESSOR AT DAV DEGREE COLLEGE, LUCKNOW

BEST CITATION – AYUSHMAN TIWARI & DR. ANAND PRAKASH TIWARI, FROM CONVICTION TO CONSTITUTION: THE BUDHADEV KARMASKAR CASE AND THE JUDICIAL RECOGNITION OF SEX WORKERS’ RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 550-559, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I959

Abstract

Budhadev Karmaskar v. State of West Bengal is a landmark judgment in which the Supreme Court of India transformed a routine criminal appeal arising from the 1999 murder of a sex worker in Kolkata into a suo motu public interest litigation that redefined the constitutional rights of sex workers across the country. This paper provides a comprehensive case analysis, tracing the procedural journey from the original conviction under Section 302 of the Indian Penal Code to the Court’s sweeping directions issued on May 19, 2022 under Article 142 of the Constitution. It examines the constitutional architecture deployed by the Court, including the right to life with dignity (Article 21), equality before law (Article 14), freedom of profession (Article 19(1)(g)), prohibition of trafficking (Article 23), and the directive principles under Articles 39(a), 42, and 47. The paper also evaluates the impact of the transition from the IPC and CrPC to the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on the implementation of the Court’s directions. While acknowledging the judgment’s achievements — including the clarification that voluntary sex work is not illegal, protection from police harassment, and access to welfare benefits — the paper critically assesses the persistent gaps: the continuing criminalisation of brothels and soliciting under the Immoral Traffic (Prevention) Act, 1956, the absence of parliamentary legislation, and the uneven implementation across states. It concludes that the Supreme Court has done its part, but the unfinished revolution requires legislative action, police reform, social sensitisation, and a fundamental shift in societal attitudes to make the constitutional promise of dignity a lived reality for every sex worker in India.

Keywords: Budhadev Karmaskar, sex workers’ rights, Article 21 dignity, Article 142, ITPA, BNS, BNSS, constitutional law, rehabilitation, Supreme Court of India.

EUTHANASIA: LEGAL, ETHICAL AND CONSTITUTIONAL PERSPECTIVE WITH RECENT CASE LAWS

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

BEST CITATION – DR. WAHEED ALAM, EUTHANASIA: LEGAL, ETHICAL AND CONSTITUTIONAL PERSPECTIVE WITH RECENT CASE LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 546-549, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I958

Abstract

Euthanasia, commonly known as “mercy killing,” refers to intentionally ending the life of a person suffering from an incurable and painful condition in order to relieve suffering. The issue of euthanasia has generated intense legal, ethical, medical, religious, and constitutional debates worldwide. In India, active euthanasia remains illegal, while passive euthanasia has been recognized under strict judicial safeguards. The Supreme Court of India has played a major role in shaping the law relating to the right to die with dignity under Article 21 of the Constitution. This paper examines the concept, types, constitutional validity, ethical concerns, and recent judicial developments relating to euthanasia, including landmark and recent case laws.

keywords: Euthanasia, Safeguards, Concerns, Ethical, Remains, Validity.

BIOMETRICS IN CRIMINALISTICS AND SCIENTIFIC INVESTIGATION

AUTHOR – G R RADHIKA, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – G R RADHIKA, BIOMETRICS IN CRIMINALISTICS AND SCIENTIFIC INVESTIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 531-545, APIS – 3920 – 0001 & ISSN – 2583-2344.

I.  INTRODUCTION

Criminalistics—the scientific examination of physical evidence for use in criminal proceedings—has been transformed more dramatically in the past three decades than in any comparable period since Locard articulated the principle that every contact leaves a trace.^[1] At the centre of that transformation is biometric technology: systems that capture, store, and analyse the unique physical and behavioural characteristics of human beings for the purpose of identification. Fingerprints, DNA profiles, iris patterns, facial geometry, voice signatures—each of these has moved from specialist laboratory technique to routine investigative tool, deployed across Indian police stations, forensic science laboratories, border checkpoints, and courtrooms.

The scale of this deployment is worth pausing over. India operates the world’s largest biometric identity database through Aadhaar, which has enrolled over 1.3 billion people.^[2] The National Crime Records Bureau maintains a growing database of fingerprint, DNA, and increasingly facial recognition records linked to criminal proceedings.^[3] The Criminal Procedure (Identification) Act, 2022 has expanded what the state can collect, from whom, and for how long—replacing a 1920 law that covered only fingerprints and footprints with one that reaches to iris scans, blood samples, and behavioural measurements.^[4] And the three new criminal law statutes—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—have rewritten the procedural and evidentiary framework within which all of this data is collected, processed, and placed before courts.^[5]

The legal and policy questions this raises are not peripheral concerns for specialists. They go to the heart of how India balances the legitimate demands of effective crime investigation against the constitutional rights of everyone who comes into contact with the system. The Supreme Court settled the constitutional baseline in Justice K.S. Puttaswamy v. Union of India,^[6] establishing privacy as a fundamental right under Article 21. But constitutional principles, however clearly stated, do not enforce themselves. The question is whether the statutes, rules, and institutional arrangements that govern biometrics in Indian criminal justice are actually adequate to the task.

This paper makes the case that they are not—at least not yet. The scientific and investigative power of biometric technology is real, and its contribution to criminal justice is substantial. But the legal framework has consistently lagged behind the technology it is meant to govern, and the gaps that have opened up carry serious consequences for privacy, due process, and the rights of marginalised communities. The paper works through the science, the law, and the policy in sequence, with a view to identifying precisely where reform is most urgently needed.

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[1]Locard, Edmond, “L’analyse des poussières en criminalistique,” Revue Internationale de Criminalistique (1929); see generally Paul L. Kirk, Crime Investigation: Physical Evidence and the Police Laboratory (1953).

[2]Unique Identification Authority of India, Annual Report 2022–23 (2023).

[3]National Crime Records Bureau, Crime in India Report 2022 (Ministry of Home Affairs 2023).

[4]Criminal Procedure (Identification) Act, No. 11 of 2022 (India).

[5]Bharatiya Nagarik Suraksha Sanhita, No. 46 of 2023 (India).

[6]K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1 (India).

“ERODING HUMAN DIGNITY IN CONSTITUTIONAL PRACTICE: A CRITICAL STUDY OF GAPS IN DOMESTIC IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS NORMS IN DEMOCRACIES’’

AUTHOR – NIKTHI.J* & KALAIARASI.L**

STUDENTS AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY(SOEL)

BEST CITATION – NIKTHI.J & KALAIARASI.L, “ERODING HUMAN DIGNITY IN CONSTITUTIONAL PRACTICE: A CRITICAL STUDY OF GAPS IN DOMESTIC IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS NORMS IN DEMOCRACIES’’, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 522-530, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This research paper explores the intersection of human dignity and government accountability, focusing on how contemporary democracies, including the United States, European states, and India, violate or uphold international human rights standards. Using a doctrinal methodology and grounded in international frameworks like the UDHR, ICCPR, ICESCR, and the ECHR, the paper critically analyses policies and practices that undermine human dignity through examples such as custodial violence, migrant deportations, and asylum restrictions. Particular attention is given to India’s treatment of foreign nationals, including Rohingya refugees and undocumented migrants, revealing systemic gaps between constitutional ideals and ground realities. Comparative insights from the U.S. under the Trump administration and European countries such as Hungary and the UK demonstrate how legal obligations are frequently bypassed under the guise of national interest. The study concludes that while international and domestic legal frameworks recognize human dignity as a foundational value, meaningful implementation remains inconsistent and often politically compromised. The paper calls for stronger domestic incorporation of international human rights obligations, institutional accountability, and legal reforms to ensure the protection of human dignity across borders.

KEYWORDS:

Human dignity, government accountability, Amnesty International organization, European Convention on Human Rights (ECHR), ICCPR, UDHR, ICESCR

THE ROLE OF CONTRACT LAW

AUTHOR – TRISH YADAV, STUDENT, THAKUR RAMNARAYAN COLLEGE OF LAW AFFILIATED TO UNIVERSITY OF MUMBAI, MAHARASHTRA, MUMBAI

BEST CITATION – TRISH YADAV, THE ROLE OF CONTRACT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 515-521, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This paper is about contract law which provides a whole analysis of current application of contract law, focusing on agreements in the modern economic era. Contract law ensures trust, fairness, and responsibility, as well between parties. This paper is about the important elements of a valid contract which is offer, acceptance, and consideration through a comparative analysis of common law principles and statutory frameworks, such as the Indian contract act of 1872. This paper talks about void and voidable agreements and it also deals with damages and breaches. The study evaluates the tension between parties and the increasing use of standard form, (take – it – or – leave – it) contracts that pessimize consumers. The research analysis the enforceability of exclusion clauses.

Contracts need not be complex, commercial deals, but can extend to the most mundane of things we do in everyday lives. Buying and selling goods can be contracts, barter is form of contract, obtaining services involves a contract and so on. Agreements form the building blocks of contracts. In discussing any aspect of the contract you will eventually return to see whether an agreement lies between the parties , whether the agreement is validly entered and whether the agreement is valid and enforceable in law and when such requirements are satisfied what are the consequences of breaking the agreement similar is the case of causation in torts and intention in crime. They never get irrelevant whenever you attempt a problem no matter what sub topic. The paper starts by defining the traditional basis of contract law and immediately identifying the modern disruption. It specifies a comparative, doctrinal, and statutory approach. It has a functional equivalence approach and human – in – the – toop requirement to bridge the gap between old law and new technology. Additionally, the paper examines the role of contract law in protecting the rights and obligations of individuals and businesses in a rapidly changing society. It highlights how contracts promote legal certainty, economic stability, and ethical business practices. The study also discusses modern challenges such as digital agreements, consumer protection, and the impact of globalization on contractual relationships and enforcement.

KEYWORDS: Offer and acceptance, Consideration, Free consent, Consensus and Idem, Certainty of Terms.

CYBERSECURITY BREACHES IN INDIA’S ONLINE GAMING ECOSYSTEM

AUTHOR – MAITHLY JAIN* & ASHOK DOBHAL**

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

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

BEST CITATION – MAITHLY JAIN & ASHOK DOBHAL, CYBERSECURITY BREACHES IN INDIA’S ONLINE GAMING ECOSYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 507-514, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

An exponential growth has occurred in the digital economy in India, making the online gaming segment one of the fastest-growing digital segments in the world. But it’s grown faster than the lagging security protocols and statutory mechanisms in the country and caused a vastly larger and vulnerable attack surface. This paper explores the structural vulnerabilities of the Indian online gaming ecosystem, including the use of weak identity verification systems (KYC), vulnerable Application Programming Interfaces (APIs) and insecure third-party external payment mechanisms, as the major opportunities for malicious attacks. India’s legal framework is rooted in the Information Technology (IT) Act 2000, and is rife with deep operational divisions in the statutes.^[1] This study shows how the territorial approach of the old laws is not capable of countering automated and borderless digital threats like Remote Code Execution (RCE) and Distributed Denial-of-Service (DDoS) attacks through a critical legal analysis of them, namely Section 43A (negligent data protection standards), Section 66 (computer-related offenses), Section 79 (intermediary safe harbour immunity), and Section 85 (vicarious corporate liability). In addition, the paper identifies key systemic weaknesses, such as the fact that a lot of reports are still delayed after 72 hours, jurisdictional restrictions on jurisdiction over offshore servers, corporate implementation of safe harbour provisions and devastating capacity gaps in the local law enforcement cyber cells.^[2]

The Indian courts have been filling a legislative void, especially due to a weak legislative framework. It charts a unique trajectory towards more aggressive judicial supervision as seen in the world-famous security audit decision in 2025 by the Delhi High Court, the enforcement of compliance by the Karnataka High Court and in individual cases by state consumer forums. It contends, however, that the less interventionist judicial response approach can never go far enough to prevent permanent, real-time exfiltration of data, and so will inevitably result in structural limits that expect Supreme Court cybersecurity directives.^[3]

Lastly, the paper analyzes the paradigm shift in the world of online gaming, spurred by the two new sets of rules, namely, the Digital Personal Data Protection (DPDP) Rules, 2025 and the Promotion and Regulation of Online Gaming (PROG) Rules, 2026. This modern regime, led by the newly formed Online Gaming Authority of India, will have a new style of enforcement, kicking into the online arena, with the multi-crore fines being scaled and a strict distinction being made between banned online money games and online e-sports and social games. Finally, the study proposes a co-regulatory framework that will strike a balance between the need for innovation protections and an irrefutable user safety imperative and suggests embedding proactive, automated technical compliances into the very design of platforms to protect citizens’ privacy in the digital era.

Keywords: Privacy Rights, Data Privacy, Online Gaming, Cybersecurity Breaches, Information Technology Laws, Intermediary Liability, Digital Personal Data Protection Act, PROG Rules 2026, India

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[1] N. Pandey & S. Tarun, Regulatory Progress and Challenges in India’s Booming Online Gaming Market, 2024 Online Gaming India 49, 49–61.

[2] S.T. Shrivastava, Cyber-Security and Data Privacy Challenges in Online Gaming: Analyzing the Cyber-Security Risks and Challenges Faced by Online Gaming Platforms in India, in Online Gaming in India 118, 118–25 (2024).

[3] V. Singhania & P. Talukdar, In Regulatory Purgatory: How Many Lives Left Before Mission Success for the Indian Gaming Industry?, in Online Gaming in India 27, 27–37 (2024).

ARTIFICIAL INTELLIGENCE AND DIGITAL GAMING: BALANCING INNOVATION WITH LEGAL ACCOUNTABILITY

AUTHOR – PRADEEP.U, LLM STUDENT AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – PRADEEP.U, ARTIFICIAL INTELLIGENCE AND DIGITAL GAMING: BALANCING INNOVATION WITH LEGAL ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 497-506, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

            The gaming sector has undergone a remarkable transformation with the rapid development of digital technologies and Artificial Intelligence (AI), making gaming more interactive, realistic, and user-oriented than ever before. AI has become a vital component of modern gaming platforms by enabling intelligent gameplay, adaptive virtual environments, personalized user experiences, and advanced game development techniques. Technologies such as machine learning, Non-Playable Characters (NPCs), procedural content generation, predictive analytics, virtual reality, and automated gaming systems have significantly enhanced the quality and efficiency of digital gaming experiences. The gaming industry has evolved from traditional arcade and console games into a large-scale digital ecosystem involving online multiplayer gaming, esports, mobile gaming, cloud gaming, and immersive virtual platforms, with AI playing a central role in shaping this transformation. In India, the rapid growth of internet accessibility, smartphones, and digital platforms has accelerated the expansion of AI-based gaming technologies and created significant economic and technological opportunities. This research paper critically examines the role of Artificial Intelligence in the gaming sector by analyzing its applications, legal implications, ethical challenges, and regulatory concerns while emphasizing the need for balanced legal safeguards that promote technological innovation alongside fairness, accountability, and protection of user rights.

‘COPYRIGHTABILITY IN THE AGE OF AI’

AUTHOR – SIYA BEDI, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – SIYA BEDI, ‘COPYRIGHTABILITY IN THE AGE OF AI’, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 492-496, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

With the fast-paced generative artificial intelligence (AI) systems that have been spreading, there have been profound and yet unnoticed changes within the global intellectual property laws. It was only normal that traditional copyright laws based on the unchallengeable notion that only ‘human authorship’, can be protected, are now far less prepared to present the challenges of machine-generated creative works, the large-scale ingestion of copyrighted content for training AI, and the deployment of deepfake technology for harmful purposes. This article carries out a detailed study of these combined issues, especially highlighting the ‘Indian legal system’ as represented in the Copyright Act, 1957. Besides, it studies the ‘United States’, the European Union’s, the United Kingdom’s, and Japan’s’ laws to show differences in the opinions about copyright of AI-generated works, TDM exceptions, and responsibility structures. 

Keywords: Generative artificial intelligence, Intellectual property, copyright, creative works, deepfake, TDM.