Journal Title : National Journal for Legal Research and Innovative Ideas
ISSN(O):2582-8665
Frequency : Quarterly
Volume : 5
Issue : 3
Period : April- June 2025
1. Defamation v Free speech in digital era: Navigating the challenges of social media
By- Shubhangi Srivastava (LLM Candidate) & Dr. Axita Shrivastava (Assistant Professor), Amity University, Lucknow
•Abstract
The quick development of social media has changed the mechanics of communication, permitting people to straightforwardly express their contemplations but moreover raising genuine concerns around criticism. The tension between free expression and the right to safeguard one's reputation has heightened in the digital age. Where information spreads quickly, frequently without verification. This study investigates the legal and ethical issues involved in balancing defamation rules with free speech rights on social media platforms. It looks at evolving legal frameworks, landmark cases, and the role of digital platforms in content moderation. The study also highlights the impact of misinformation, cyber harassment, and cancel culture on individuals and institutions. The research aims to provide insights into how policymakers, legal experts, and technology companies can navigate these while ensuring a fair balance between protecting reputation and upholding the fundamental right to freedom of expression.
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2. Comparative Analysis of Insurance Regulatory Frameworks: India and Developed Insurance Markets
By- Shruti Kesarwani, LLM Candidate, Amity Law School, Noida
•Abstract
With the spread of greater interconnectedness globally, insurance regulatory mechanisms pose a quintessential arena for comparative legal investigation. This analysis performs an intensive comparative examination of insurance regulation between the US, UK, and EU, including a detailed review of India's regulatory environment. Utilizing an interdimensional comparative approach, the research seeks to understand the complex modalities of insurance regulation by studying structure, operations, and strategy within market governance. The study methodically explores central comparative dimensions such as requirements for market entry, consumer protection systems, norms of solvency, and adaptations to technological innovation. Employing a doctrinal and comparative law research methodology, the study probes the multifaceted differences and synergies that may exist between regulatory regimes with specific focus placed on new challenges in digitalization, cross-border transactions, and risk management measures. Critical observations demonstrate considerable differences in regulatory adaptability, technological integration, and consumer-oriented strategies between the markets under study. The study identifies strategic insights into the balance of innovation, consumer protection, and market stability in developed markets and provides a balanced understanding of possible adaptive strategies for the Indian insurance regulatory environment. The study makes a holistic evaluation that moves beyond shallow comparison, offering best-evidence guidelines for improving insurance regulation in India. Through its investigation of comparative approaches to law, the work presents a master plan for regulatory transformation, highlighting means by which India can benefit from best practice from advanced markets while overcoming its distinct market dynamics.
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3. Navigating the Landscape of Biotechnology Patents: Challenges and Opportunities
By- Dr. Prerna Gulati, Assistant Professor of Law & Aviral Bhardwaj, LLM Candidate, IILM University, Greater Noida
•Abstract
The field of biotechnology patents is a lively mix of innovation, ethics, and legal systems. As biotechnology evolves, protecting its intellectual property is essential for encouraging scientific advancement while also ensuring fair access. This paper delves into the specific challenges that various stakeholders encounter, such as the criteria for patentability, ethical concerns, and the complexities of different legal jurisdictions. It emphasizes the potential for promoting innovation through customized policies, global cooperation, and finding a balance between public good and private interests. By looking at case studies and new trends, this research seeks to offer guidance for understanding the intricate world of biotechnology patents.
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4. SEPS AND POOLING: ISSUES AND INSIGHTS
By- Tisya Mishra UG Law Student, Unitedworld School of Law, Karnavati University, Gandhinagar, Gujarat
•Abstract
This research investigates the impact of Standard Essential Patents (SEPs) and patent pools on innovation, licensing cost reduction, and access to health technologies in India. SEPs pose unique problems like patent hold-up and hold-out in other industries like telecommunications, electronics, and new digital infrastructure owing to interoperability. Patent pools, which bundle licenses for a number of SEPs together, make licensing easier and lower transaction costs which encourages access. This study reviews the governance of SEPs across the globe focusing on the United States, European Union, and China and analyzes their relevance to the Indian context. It also highlights the pooling of SEPs located socioeconomically in critical areas like medicine, education, and agriculture. This study proposes changes to the law that would clearly define the terms for granting a license to an SEP or a pool of SEPs to encourage competition, innovation, and public good. After all, the incorporation of patent pools of SEPs could revolutionize India’s innovation ecosystem by accelerating the nation's economic growth, technological advancement, and facilitating the widespread availability of sophisticated technologies.
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5. Trademark Parody and Free Speech: Legal Challenges in India
By- Nidhi Shah (UG Law Student) & Dr. Aseem Chandra Paliwal (Associate Professor of Law), Unitedworld School of Law Karnavati University, Gandhinagar, Gujarat
•Abstract
The law governing trademarks in India has gone through a substantial metamorphosis, starting with the Merchandise Marks Act of 1889, evolving into the Trade and Merchandise Marks Act of 1958, and finally culminating in the Trade Marks Act of 1999. Such advancement has ensured proper regulation of trademarks in India concerning international treaties , for instance, the TRIPS Agreement. The emphasis of 1999 Act is primarily the protection of the trademark – trademark owner’s rights by preventing unauthorized use, infringement of brands and unfair competition. Commercially, trademarks are very important assets to businesses because it helps them build their reputation and eliminate the obstacles consumer marks created by counterfeit and confusingly similar goods.
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6. Metaverse and IP Laws: Navigating the Complexities of Virtual Worlds
By- Mr. Amandeep, Assistant Professor of Law & Riya, LLM Candidate, IILM University, Greater Noida
•Abstract
The metaverse, a rapidly growing virtual environment, is changing how we interact, conduct business, and create content. However, this technological advancement brings new challenges for intellectual property (IP) law. This paper delves into the complex issues surrounding trademark infringement, including copyright breaches related to the copying and sharing of digital assets and unauthorized use of brands in online spaces. It also looks into the implications of NFTs and virtual property, where disputes over ownership and rights are common. The global aspect of the metaverse adds another layer of difficulty, as the lack of clear jurisdiction in this borderless realm makes it hard for IP laws, which are typically limited by geography, to apply effectively. This paper reviews current legal structures, identifies shortcomings, and suggests innovative solutions to ensure fair IP protection while promoting creativity and innovation within the metaverse.
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7. AI in Digital Arrests: Legal, Ethical Challenges, and Impact on Young Adults in Cybercrime
By- Vidhi Mittal, LLM Candidate, IILM University, Greater Noida
• Abstract
India has seen a sudden increase in internet use and digital services, leading to a spike in digital crimes. Recently, Prime Minister Narendra Modi addressed the country in his 'Mann Ki Baat' and expressed worry against the deception of 'digital arrest.' He presented an audio-visual film depicting a guy in a police outfit soliciting the victim's Aadhaar number to prevent the blocking of his cell phone. In contrast to conventional arrests, digital arrests often restrict an individual's access to digital assets and constrain physical mobility via video conversations. The term digital arrest describes a cybercriminal strategy wherein offenders utilize messages, phone calls, or video calls to impersonate law enforcement or investigative bodies. By employing deception and threats of imminent digital detention, they effectively manipulate individuals into compliance.Cybercriminals assert that the individual or their relatives are implicated in criminal activities, including drug trafficking and money laundering, or that their Aadhaar card, SIM card, or bank account is associated with illicit activities, resulting in arrests conducted via video calls and occasionally simulating an online trial for such offences in court. They thereafter compel the victim to stay restricted to the premises, directing them to activate the camera on their laptop or mobile phone. This is executed to induce fear, compelling them to send funds via internet transactions for their liberation.
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8.RESOLVING DISPUTES IN THE DIGITAL AGE: A STUDY ON ODR
By- Mrs. Bhavana Dhoundiyal (Assistant Professor of Law) & Yashika Rathour (LLM Student), IILM University, Greater Noida
•Abstract
Modern Justice needs modern tools. Law shouldn’t stuck in the past while society moves forward. If it fails to keep up with changing values, technology, and needs, it either holds back progress or gets ignored. That’s why Courts need to interpret laws in a modern, flexible, and purposeful way-especially in today’s faced-pace digital world. The Justice delivery system in India is gradually embracing technology to keep up with these changes. The traditional court system is being complemented by Online Dispute Resolution (ODR). It is a method of resolving conflicts, especially those related to online transactions and e-commerce. ODR offers a fast, affordable, and convenient way to handle these issues. As more people and businesses rely on the internet for contracts and purchases, disagreements are bound to happen and solving them efficiently online is the need of the hour. ODR is not the part of regular courts but is instead a part of ADR Mechanism.
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9. ADMISSIBILITY OF DIGITAL EVIDENCE :-A COMPARATIVE STUDY OF LEGAL STANDARDS IN INDIA, U.S. AND THE U.K
By- By Aditya Chand (LLM Student) & Dr. Rekha Verma(Assistant Professor of Law), Amity University, Noida
•Abstract
Modern court proceedings now rely mostly on digital evidence, especially in cases involving financial fraud, cybercrime, and intellectual property infringement. Now Courts must adjust to the Evidentiary issues presented by electronic data as the traditional forms of engagement are increasingly replaced by digital transactions and interactions.However, Compliance to legal frameworks controlling chain of custody, authenticity, and forensic investigation is necessary for its admissibility and dependability.Legal institutions must improve their methods for digital forensics as technology develops further to guarantee that justice is not only carried out but also adapted to the intricacies of the digital age. Though digital evidence has emerged as an Important tool in the battle against cybercrime cases ensuring its integrity, authenticity, and veracity presents unique challenges. This Research Paper highlights the comparative study highlighting the similarities and differences in the Evidentiary principles that the US, UK, and India have embraced. The report also makes suggestions for improving procedural safeguards, making sure that digital evidence satisfies the requirements of judicial review while respecting the values of justice and equity.
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10. LEGAL FRAMEWORK OF DEEPFAKE TECHNOLOGY AND ARTIFICAL INTELLIGENCES
By - Vinay Pathak (LLM Student) & Dr. Rekha Verma (Assistant Professor of Law), Amity University, Noida
•Abstract
Deepfakes—synthetically created media that mimic the likenesses of actual people—have become a major ethical and legal concern as a result of the rapid advancement of artificial intelligence (AI), which has brought about revolutionary technologies. Deepfakes, which are driven by generative adversarial networks (GANs), pose a danger to democratic integrity, individual liberty, and public confidence because they can be used as weapons for identity theft, financial fraud, political manipulation, defamation, and non-consensual explicit material. Despite these dangers, many jurisdictions' current legal frameworks are either out-of-date, disjointed, or completely mute about the particular difficulties presented by deepfake technology. This research study rigorously examines the existing national and international legal frameworks governing AI-generated synthetic content, primarily concentrating on India, while incorporating comparative studies from the legal systems of the United States, European Union, China, and the United Kingdom. Critical domains of examination encompass cyber law, data privacy, freedom of expression, admissibility of digital evidence, biometric data protection, tort responsibility, and intellectual property rights. The document examines the function of nascent AI governance frameworks, ethical principles, and the significance of techno-legal partnership.
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11. International Courts and Domestic Justice: An Analysis of Section 13 CPC in the International Legal System
By- Pratham Kesarwani, UG Law Student, Symbiosis Law School, Pune
•Abstract
In modern era of globalisation where interconnectedness between nations is increasing, the recognition and enforcement of foreign court judgments present a complex challenge for legal systems globally. This research article does an in-depth examination of this critical legal terrain, with a specific focus on the Indian context. It delves into India's existing legal framework, Specifically under Section 13 of the Code of Civil Procedure, analyzing recent judicial pronouncements and comparing India's approach with international practices. The study identifies the intricacies, potential shortcomings, and avenues for improvement within the Indian judicial system concerning the enforcement of decrees of foreign Courts. By analyzing landmark judicial decisions, relevant literature, and conducting a comparative study with other Asian and common law nations, this paper critically analyses the responsiveness of India's legal system to the demands of a globalized society. Moreover, it explores the societal and familial impacts, particularly in the context of NRI marriages, and concludes with specific legislative and procedural recommendations aimed at enhancing the efficiency and fairness of recognizing and enforcing foreign court judgments in India.
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12. DIGITAL IDENTITY THEFT: LEGAL FRAMEWORKS AND IDENTITY PROTECTION
By- Sakshi Srivastava, LLM Candidate, IILM University, Greater Noida
•Abstract
Digital identity theft has become a ubiquitous and sophisticated cybercrime in the digital era. As there is greater dependence on electronic communication, financial transactions, and government services, people's personal and biometric information has become high-value targets for cybercriminals. In contrast to traditional identity theft, digital identity theft encompasses unauthorized access and exploitation of electronically held personal information, frequently resulting in financial fraud, reputational damage, and privacy infringement. This paper critically explores the evolving character of digital identity theft and assesses the adequacy of existing legal frameworks in combating this menace. The study starts with a conceptual explanation of digital identity theft, its distinguishing characteristics, and the widening scope of digital identity in the 21st century. It proceeds to examine the legal measures taken in various jurisdictions, such as India, the United States, and the European Union, and assess their efficacy through a few case studies. The paper also discusses existing identity protection measures, from technological measures to regulatory measures. Major challenges like jurisdictional disputes, underreporting, non-enforcement, and fast technological change are examined to highlight the inadequacies of current responses.
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13. Digital Arrests and the Law: A Comparative Analysis of Regulatory Frameworks in India, the European Union, and the United States
By- Vaibhav Gupta (Assistant Professor of Law) & Vidhi Mittal (LLM Student), IILM University, Greater Noida
•Abstract
The rise of cybercrime necessitates the evolution of law enforcement tactics, leading to the emergence of digital arrests. Defined as arrests based on digital evidence or involving cybercrimes, often employing AI, machine learning, and big data analytics, digital arrests enhance efficiency but present significant legal and ethical challenges, particularly regarding due process, privacy rights, algorithmic biases, transparency, and the potential for wrongful accusations. This research aims to assess the current legal situation, identify deficiencies, and propose reforms to balance technological efficiency and fundamental rights. By using doctrinal research methodology, the study critically analyses legal principles, statutes, judicial rulings, and international frameworks related to AI-driven digital arrests. It includes a comparative analysis of legal approaches in India, the EU, and the USA, supported by scholarly publications, human rights reports, policy documents, and real-world examples. In India, digital policing is increasingly used to combat cybercrime. The legal framework is evolving with new laws like the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Nyaya Sanhita, 2023 (BNS), which integrate AI-based policing and digital evidence recognition. Legal authority for digital surveillance exists under Section 69 of the IT Act, 2000, and digital evidence is recognized under the Bharatiya Sakshya Adhiniyam, 2023 (BSA). However, concerns persist regarding the impact on fundamental rights, specifically Article 21 (Right to Life and Personal Liberty) and Article 19 (Freedom of Speech and Expression), highlighted by issues with laws like the Digital Personal Data Protection Act (DPDPA).
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14.THE DIGITAL PANOPTICON: BIRTH OF ARTIFICIAL INTELLIGENCE & EROSION OF PRIVACY
By- Abhishek Verma (LLM Student) & Dr. Rekha Verma (Assistant Professor of Law), Amity University, Noida
•Abstract
The advent of Artificial Intelligence (AI) has significantly transformed the digital landscape, introducing unprecedented capabilities across sectors such as healthcare, finance, law enforcement, and public administration. As AI systems become increasingly integrated into socio-economic frameworks, their dependence on extensive datasets frequently consisting of personal, behavioural, and biometric information elicits urgent concerns regarding data privacy and individual autonomy. Central to AI functionality is an unquenchable need for detailed data, much of which is gathered and processed without explicit, informed consent from users. This situation not only undermines the agency of data subjects but also poses challenges to the existing legal protections established to safeguard personal information. Responses from the legal sector to these complex challenges have varied significantly among jurisdictions. This paper is intended to critically analyze these developing dynamics, particularly emphasizing the interaction between AI innovation and the core principles of informational privacy. Additionally, the paper also traces the transnational characteristics of AI systems which introduce jurisdictional uncertainty, particularly regarding cross-border data transfers and the commercial utilization of personal data. In such a context, where digital identities are algorithmically derived and continuously changing, conventional understandings of privacy become increasingly insufficient. Consequently, this paper promotes the necessity for anticipatory, rights-based legal frameworks that can reconcile AI’s technological capabilities with democratic principles. Effective regulation must close the divide between innovation and ethical oversight, ensuring that advancements in AI remain accountable, transparent, and in accordance with the tenets of human rights in the digital era.
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15. Case Commentary- X V. Y MAT.APPEAL NO. 24 OF 2020
By- Shashwat Shivam & Aarchi Aggarwal, UG Law Students, Symbiosis Law School, Pune
•Facts
The petitioner and respondent got married on 23rd August 2009 and they wedded according to their cultural rite. The physical relationship was rather brief and followed 17 days of live together; the respondent was working abroad and quit. However, during this short period they had a poor relation and that is why at some point there were more severe accusations which formed the basis of legal claims of the petitioner. The petitioner remained in the matrimonial home after the respondent left until November 29, 2009, according to of the fact. She says that the respondent and his family absorbed gold ornaments and one lakh of rupees which were given at the married time. She also alleges acts of mental and physical abuse that made her to be chased out of her matrimonial home on November 29, 2009.
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16. Case Comment: Randhir Singh v. Union of India (UOI) and Ors.
By- Mahika Singh , UG Law Student, Symbiosis Law School, Pune
Court: Supreme Court of India
Citation: Randhir Singh v. Union of India, (1982) 1 SCC 618
Bench: A.N. Sen, Baharul Islam and O. Chinnappa Reddy, JJ.
Writ Petition No. 4676 of 1978
Case Referred: Binoy Kumar Mukerjee vs. Union of India MANU/DE/0267/1972; Kishori Mohanlal Bakshi vs. Union of India (UOI) MANU/SC/0389/1961
Ratio Decidendi:
"Equal pay for equal work' is not a mere demagogic slogan. It is a constitutional goal capable of attainment through constitutional remedies by the enforcement of constitutional rights.”
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