Category: Volume 6 and Issue 9 of 2026

A COMPARATIVE ANALYSIS OF MENS REA AND MODUS OPERANDI IN UNORGANIZED VERSUS ORGANIZED CRIMINAL CONSPIRACIES

AUTHOR – ATHUL S, LLM STUDENT AT CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW – CHENNAI

BEST CITATION – ATHUL S, A COMPARATIVE ANALYSIS OF MENS REA AND MODUS OPERANDI IN UNORGANIZED VERSUS ORGANIZED CRIMINAL CONSPIRACIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 473-491, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Criminal conspiracy stands as one of the most complex inchoate offenses in criminal jurisprudence, predicated on the fundamental principle that the “meeting of minds” to commit an illegal act is, in itself, a danger to societal order. However, as criminology has evolved, the sociological manifestation of conspiracy has splintered into two distinct categories: unorganized conspiracies and organized criminal syndicates. This extended research article provides an exhaustive comparative analysis of the mens rea (guilty mind) and modus operandi (method of operation) governing these two paradigms. By tracing the historical development of statutory frameworks from the colonial-era Sections 120A and 120B of the Indian Penal Code (IPC), 1860, to the modern, transformative provisions of the Bharatiya Nyaya Sanhita (BNS), 2023 (specifically Sections 61 and 111) this paper evaluates how legislative strategies have adapted to the escalating sophistication of crime. Unorganized conspiracies are characterized by ad-hoc, localized mens rea and simplistic, direct modus operandi. Conversely, organized criminal syndicates demonstrate a continuous, corporate-like mens rea and highly sophisticated, compartmentalized modus operandi that insulates the criminal leadership. Through an in-depth analysis of landmark judicial pronouncements, evidentiary challenges under the Bharatiya Sakshya Adhiniyam (BSA), 2023, and comparative international statutes such as the US RICO Act, this article underscores the legal necessity of treating organized crime as an enterprise rather than a mere aggregation of individual offenses.

Key Words: Criminal conspiracy, Mens rea, Unorganized crime, Organized crime, Bharatiya Nyaya Sanhita, Bharatiya Sakshya Adhiniyam, criminal syndicates

PLEA BARGAINING UNDER CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION

AUTHOR – ATHUL S, LLM STUDENT AT CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW – CHENNAI

BEST CITATION – ATHUL S, PLEA BARGAINING UNDER CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 459-472, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The concept of plea bargaining represents one of the most transformative and controversial developments within the modern criminal justice system. Originating in the United States and rooted in principles of negotiated justice, plea bargaining has evolved into a globally recognized mechanism for resolving criminal disputes efficiently. Its introduction in India through the Criminal Law (Amendment) Act, 2005 marked a significant departure from the rigid adversarial system historically practiced in the country. This research paper examines the conceptual foundations, statutory framework, and judicial interpretation of plea bargaining in India, along with its practical implications on the criminal justice administration. The paper also studies the evolution of plea bargaining, its applicability, advantages, challenges, and comparative perspectives from other jurisdictions. Through an extensive doctrinal methodology, it critically assesses whether plea bargaining has achieved its intended objectives of decongesting courts, ensuring speedy trials, and promoting restorative justice. The paper concludes with recommendations for strengthening the system and ensuring that plea bargaining operates fairly while balancing the interests of victims, society, and the accused.

Keywords – Plea bargaining, criminal justice, negotiated justice, restorative justice, guilty plea, speedy trial, CrPC, judicial administration.

INTERSECTION OF THE NDPS ACT AND THE JUVENILE JUSTICE ACT: A CRITICAL STUDY ON REHABILITATION MECHANISMS AND SOCIAL REINTEGRATION OF JUVENILE DRUG OFFENDERS IN INDIA

AUTHOR – ATHUL S, LLM STUDENT AT CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW – CHENNAI

BEST CITATION – ATHUL S, INTERSECTION OF THE NDPS ACT AND THE JUVENILE JUSTICE ACT: A CRITICAL STUDY ON REHABILITATION MECHANISMS AND SOCIAL REINTEGRATION OF JUVENILE DRUG OFFENDERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 443-458, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper critically examines the legal intersection between the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and the Juvenile Justice (Care and Protection of Children) Act, 2015. While the NDPS Act employs a stringent, deterrent-based approach to drug offences, the JJ Act operates on a reformative, child-centric paradigm. This study explores the conflict arising when a juvenile is apprehended for drug trafficking, specifically analysing the tension between Section 37 of the NDPS Act (strict bail conditions) and Section 12 of the JJ Act (mandatory bail). It further scrutinizes the classification of commercial quantity drug offences as “heinous offences” for juveniles aged 16-18, the adequacy of statutory rehabilitation mechanisms, and the infrastructural gaps in de-addiction facilities. The paper concludes that while judicial interpretation has largely favoured the JJ Act, legislative inconsistencies and implementation failures continue to hinder the effective social reintegration of juvenile drug offenders.

Key Words: Juvenile Justice, NDPS Act, Child Rights and Protection Drug Offences, Bail and Heinous Offences, Rehabilitation and Reintegration

DIGITAL FORENSICS AND LEGAL LIABILITY IN ORGANIZED DOXXING AGAINST WOMEN IN INDIA: PROVING CRIMINAL CONSPIRACY IN THE ERA OF MODERNIZED CRIMINAL LAWS

AUTHOR – ATHUL S, LLM STUDENT AT CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, TNDALU – SOEL

BEST CITATION – ATHUL S, DIGITAL FORENSICS AND LEGAL LIABILITY IN ORGANIZED DOXXING AGAINST WOMEN IN INDIA: PROVING CRIMINAL CONSPIRACY IN THE ERA OF MODERNIZED CRIMINAL LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 432-442, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid democratization of digital infrastructure in India has catalysed a paradigm shift in Technology-Facilitated Gender-Based Violence (TFGBV). Among these emerging digital threats, organized doxxing the non-consensual aggregation and public dissemination of private identifiable data has mutated into a systematic tool for psychological terror, socio-political silencing, and communal polarization, targeting women from marginalized communities. This paper examines the technical architecture and forensic life cycle of organized doxxing networks, exposing the statutory vulnerabilities of the Digital Personal Data Protection (DPDP) Act, 2023, concerning publicly available data. By analysing the structural mechanics of the Sulli Deals and Bulli Bai syndicates, this study explores how advanced digital forensics, Endpoint Forensics, and Social Network Analysis (SNA) serve as procedural prerequisites to prove a “meeting of minds” under Section 61 of the Bharatiya Nyaya Sanhita (BNS), 2023. Finally, it evaluates the stringent evidentiary mandates of Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, the searchand-seizure safeguards of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and administrative accountability under the Ministry of Electronics and Information Technology (MeitY) 2025 Standard Operating Procedure (SOP).

Keywords: Technology-Facilitated Gender-Based Violence, Organized Doxxing, BNS 2023, BSA 2023, Digital Forensics, Criminal Conspiracy, Social Network Analysis.

WEAKENING DETERRENCE OR ENHANCING EFFICIENCY? THE QUASI-DECRIMINALISATION OF ENVIRONMENTAL OFFENCES IN INDIA

AUTHOR – SRISHTI YADAV, STUDENT AT ASIAN LAW COLLEGE

BEST CITATION – SRISHTI YADAV, WEAKENING DETERRENCE OR ENHANCING EFFICIENCY? THE QUASI-DECRIMINALISATION OF ENVIRONMENTAL OFFENCES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 426-431, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research article examines the critical paradigm shift in India’s environmental regulatory framework from a strict, court- centred “command and control” model to a trust- based compliance system introduced through the Jan Vishwas (Amendment of Provisions) Act 2023. Historically, India’s environmental governance relied heavily on criminal prosecution to deter polluters, treating every minor procedural violation as jail-eligible offences. This act aims to ease the regulation by decriminalising minor, technical and procedural defaults. While this “quasi-decriminalisation” successfully reduces business compliance burden by replacing the imprisonment for minor procedural defaults with civil penalties, it introduces major constitutional and enforcement challenges.

Vesting the quasi- judicial powers in the executive- appointed Adjudicating Officers raises significant separation of powers concerns, creates conflicts of interest when the prosecuting government based or owned polluters and highlight a critical technical competence deficit. Additionally, flat civil penalties risk being dismissed as a mere “cost of doing business” potentially diluting deterrence. To preserve environmental integrity while achieving regulatory efficiency, the study advocates targeted reinvestment of the Environmental Protection Fund to strengthen institutional capacity, enhance technical expertise, and develop a transparent public digital compliance portal. It concludes that the success of India’s quasi-decriminalisation framework will ultimately depend upon its ability to balance economic facilitation with constitutional accountability, effective enforcement, and the overarching objective of environmental justice.

Keywords: Jan Vishwas Act, Decriminalisation, Civil penalties, Environment protection

LEGAL PERSONHOOD FOR ARTIFICIAL INTELIGENCE: A JURISPRUDENTIAL DILEMMA

AUTHOR – SRISHTI YADAV, STUDENT AT ASIAN LAW COLLEGE

BEST CITATION – SRISHTI YADAV, LEGAL PERSONHOOD FOR ARTIFICIAL INTELIGENCE: A JURISPRUDENTIAL DILEMMA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 421-425, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article studies about the legal and philosophical challenges of awarding “legal personhood” to the Artificial Intelligence (AI) systems, exploring Indian law jurisprudence. With traditional approach, the legal system was basically divided into two parts, first as “legal objects” and second as “legal subjects” former being passive tools animals and software and later entities like humans and companies, entitled to rights and obligations. Now with time, this division has been broken with the rise of smart, agentic AI machines that are capable of planning, learning and making decision without complete human control. However, there comes a “responsibility gap” when an autonomous machine makes an unpredictable fault that causes financial or physical harm. The traditional rules of defining liability or criteria for negligence fails as no human could foresee the actions of a machine.

This article studies whether AI can be treated as a “juristic person” in the eyes of the law. Unlike rigid western legal systems, Indian jurisprudence has a flexible approach in granting legal status to non-human entities. The Indian courts have recognized Hindu deities as legal persons with some criteria to be fulfilled.

By analysing the classical legal theories with the Indian Statutes like the Indian Contract Act, 1872, the Patent Act, 1970 and the new criminal law Bhartiya Nyaya Sanhita 2023, this article evaluates the possibility of benefit and harm of AI personhood.

Keywords- Artificial intelligence, Legal personhood, Juristic persons

ARBITRATION AS A DISPUTE RESOLUTION MECHANISM IN INTERNATIONAL TRADE LAW: A CRITICAL APPRAISAL

AUTHOR – KHUSHI GUPTA* & LAKSHMI PRIYA VINJAMURI**

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

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

BEST CITATION – KHUSHI GUPTA & LAKSHMI PRIYA VINJAMURI, ARBITRATION AS A DISPUTE RESOLUTION MECHANISM IN INTERNATIONAL TRADE LAW: A CRITICAL APPRAISAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 414-420, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

International trade involves complex commercial relationships between parties belonging to different countries, legal systems, and business environments. Disputes arising from such cross-border transactions are often difficult to resolve through traditional national courts due to issues of jurisdiction, procedural delays, unfamiliar legal frameworks, and enforcement challenges. In this context, arbitration has emerged as one of the most preferred mechanisms for resolving international commercial disputes. Arbitration provides a neutral, flexible, and efficient forum where parties can resolve their disputes through mutually agreed procedures and independent arbitrators.

This study critically examines arbitration as a dispute resolution mechanism in international trade law. The research explores the historical development, legal framework, and practical functioning of international commercial arbitration. It analyzes the advantages of arbitration such as party autonomy, confidentiality, procedural flexibility, neutrality, expertise of arbitrators, and enforceability of arbitral awards across borders under international conventions. At the same time, the study also evaluates the limitations and challenges associated with arbitration, including high costs, limited avenues for appeal, procedural complexities, and concerns regarding transparency and consistency in arbitral decisions.

KEYWORDS

International Trade Law, Arbitration, Dispute Resolution, International Commercial Arbitration, Arbitral Awards, Cross-Border Trade Disputes, Party Autonomy, Alternative Dispute Resolution (ADR), Enforcement of Awards, Arbitration Institutions.

PROCEDURAL SAFEGUARDS UNDER THE NDPS ACT AND THEIR JUDICIAL INTERPRETATION: BALANCING DRUG CONTROL WITH CONSTITUTIONAL GUARANTEES IN INDIA

AUTHOR – KAVIYA R, LLM (CBCS), DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – KAVIYA R, PROCEDURAL SAFEGUARDS UNDER THE NDPS ACT AND THEIR JUDICIAL INTERPRETATION: BALANCING DRUG CONTROL WITH CONSTITUTIONAL GUARANTEES IN INDIA, 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/IJLRV6I944

ABSTRACT:

          The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) represents the main legal instrument which regulates narcotic drugs and psychotropic substances in India. Being designed to deal with the threat of drug trafficking and drug abuse, the Act imposes severe punishments along with bail restrictions and wide search and investigation powers. Being aware that such special powers could be misused, the lawmakers provided for certain safeguards relating to search, seizure, arrest, detention, taking samples, custody of seized material and presentation of evidence.

          The Indian Supreme Court has always stressed that stringent provisions made under the NDPS Act should be matched with strict observance of the procedures prescribed for the same. The interpretation of various laws by the judiciary has resulted in turning those provisions into constitutional guarantees that are related to Articles 14, 20(3), and 21 of the Indian Constitution. In cases such as State of Punjab vs. Balbir Singh, State of Punjab vs. Baldev Singh, Karnail Singh vs. State of Haryana, Vijay Sinh Chandubha Jadeja vs. State of Gujarat, and Tofan Singh vs. State of Tamil Nadu, various judicial principles relating to procedural compliance under the NDPS Act were laid down.

          The present study seeks to analyze the procedural safeguards provided in Sections 42, 43, 49, 50, 50A, 52, 52A, 55, 57, and 67 of the NDPS Act. It also analyzes constitutional aspects, judicial precedents, issues regarding evidence, and the international comparison of similar issues. In conclusion, the paper emphasizes that procedural safeguards are not just procedural requirements but are also constitutional requirements necessary to ensure that the war against drug trafficking is conducted in accordance with law.

Keywords: NDPS Act, Procedural Safeguards, Search and Seizure, Fair Trial, Constitutional Rights, Drug Control, Criminal Justice.

WHEN THE GENERAL MEETS THE SPECIFIC: RESOLVING THE PRIORITY PROBLEM BETWEEN INDIA’S GENERAL ANTI-AVOIDANCE RULES AND THE SPECIFIC ANTI-AVOIDANCE PROVISIONS IN CORPORATE REORGANISATIONS

AUTHOR – MOHINI SINGH, AMITY LAW SCHOOL, AMITY UNIVERSITY MADHYA PRADESH, GWALIOR

BEST CITATION – MOHINI SINGH, WHEN THE GENERAL MEETS THE SPECIFIC: RESOLVING THE PRIORITY PROBLEM BETWEEN INDIA’S GENERAL ANTI-AVOIDANCE RULES AND THE SPECIFIC ANTI-AVOIDANCE PROVISIONS IN CORPORATE REORGANISATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 395-404, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I943

ABSTRACT

The introduction of the General Anti-Avoidance Rules in Chapter X-A of the Income-tax Act, 1961, with effect from the assessment year 2018-19, gave the Indian revenue a broad statutory power to disregard arrangements that lack commercial substance and that are entered into mainly to obtain a tax benefit. The Act, however, already contained a dense network of specific anti-avoidance provisions addressed to particular mischiefs, several of which bear directly upon corporate mergers, demergers and acquisitions. The statute does not say which of the two is to prevail where both might apply, and the resulting uncertainty falls with particular force on reorganisations, where transactions are large, planned years in advance, and acutely sensitive to fiscal risk. This paper examines the priority problem in the reorganisation context. It locates the problem in the legislative text, traces it through the judicial trajectory from McDowell to Vodafone and the displacement of that case law by the statutory rules, and contrasts the Indian silence with the accommodation reached in the United Kingdom, where the general anti-abuse rule is expressly subordinated to a double-reasonableness threshold and confined to abuse that the specific code does not already reach. The paper argues that the absence of a rule of priority is not a gap that interpretation can safely fill, and it proposes a statutory rule of specific-provision immunity, qualified by a narrow abuse exception, as the means of restoring the certainty on which the reorganisation of Indian business depends.

Keywords: General Anti-Avoidance Rules; specific anti-avoidance provisions; mergers and acquisitions; corporate reorganisation; tax certainty; commercial substance; Income-tax Act 1961; GAAR

ROLE OF CENTRAL BANK DIGITAL CURRENCY IN THE DEVELOPMENT OF INDIA

AUTHOR – PRIYADHARSHINI B, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL)

BEST CITATION – PRIYADHARSHINI B, ROLE OF CENTRAL BANK DIGITAL CURRENCY IN THE DEVELOPMENT OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 388-394, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I942

ABSTRACT:

Central Bank Digital Currency (CBDC) is a digital form of sovereign currency issued and regulated by a country’s central bank. Similar to physical cash, CBDC can be used for payments and financial transactions, but it exists in electronic form and can be accessed through digital wallets, banking applications, and other online payment systems. In recent years, CBDC has gained considerable importance in India due to the rapid expansion of digital payments, financial technology, and internet-based banking services.

This study examines the role of CBDC in the development of India by analysing its impact on the financial and economic system. It highlights how CBDC can strengthen digital transactions, encourage a cashless economy, improve financial inclusion, and reduce illegal financial activities such as money laundering and black money circulation. The study also discusses the importance of CBDC in improving the efficiency of monetary policy and reducing dependence on privately issued cryptocurrencies and stablecoins. This paper explores how the Digital Rupee can contribute to faster and more affordable cross-border transactions while enhancing transparency and trust within the financial sector. 

Keywords: Digital Currency, Digital Payments, Cashless Economy, Financial Inclusion, Cryptocurrency, Economic Development, Indian Economy, Reserve Bank of India.