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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17. IPR - THE IMPACT OF ARTIFICIAL INTELLIGENCE ON PATENT LAW: A COMPREHENSIVE ANALYSIS
By- Deeksha Gupta (LLM Student) & Mr. Amandeep (Assistant Professor of Law), IILM University, Greater Noida
•Abstract
Artificial Intelligence (AI) is reshaping innovation, industries, and patent law—none so much as patent law. Long designed to protect human ingenuity, patent systems all over the world are now facing a simple question: Is AI an inventor? With AI-based technologies producing innovative inventions, the legal, ethical, and policy implications of awarding patents on inventions made by AI have incited heated debate. This research examines the convergence of patent law and artificial intelligence and questions whether current legal norms are embracing AI inventions or need an urgent revamp. The research examines prominent patentability tests (novelty, non-obviousness, and industrial applicability) and assesses how AI subverts conventional notions of inventorship. Comparative examination of such overseas jurisdictions as the United States, European Union, India, and China, this paper uncovers inconsistency in AI patents' award and their potential implications on innovation.
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18. The Role of Artificial Intelligence in Online Dispute Resolution: Opportunities and Challenges
By- Chirag Arora & Arjun Arora, LLM Students, IILM University, Greater Noida
•Abstract
A revolutionary advancement in the administration of justice in the digital age is the quick incorporation of artificial intelligence (AI) into online dispute resolution (ODR) processes. The amount of issues that need to be resolved outside of traditional judicial systems has increased as more and more international trade, service delivery, and human interactions take place online. AI capabilities are currently being added to ODR platforms, which were created to offer a convenient and effective substitute for litigation, in order to satisfy the needs of complex, high-volume, cross-border digital transactions. With an emphasis on its application in crucial domains like automated negotiation and mediation, case triage and classification, adjudicator decision-support systems, and predictive analytics that predict dispute outcomes based on historical data, this paper critically analyzes how AI is changing the ODR landscape.
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19. DOMESTIC VIOLENCE LAWS: PROTECTION OR PUNISHMENT
By- Advocate Paras Yadav (Assistant Professor of Law) & Divya Goel (LLM Student), IILM University, Greater Noida
•Abstract
Domestic violence remains a critical social and legal issue affecting millions worldwide. This paper examines whether domestic violence laws primarily serve as mechanisms of protection for victims or as punitive tools against offenders. Tracing the historical evolution of legal responses, the research explores the dual purpose of these laws ensuring victim safety through protective measures and deterring abuse through criminal penalties. It also analyzes the tension between protecting victims and safeguarding the rights of the accused, highlighting the challenges of implementation such as underreporting, systemic bias, and inconsistent enforcement. Through a comparative lens, the paper considers global approaches and alternative justice models that seek to balance accountability with rehabilitation. Ultimately, the study argues that while domestic violence laws must punish abusive behaviour, a more effective and humane legal response also requires strong protective frameworks and victim-centred support systems. Recommendations for policy reform are proposed to better align legal action with the complex realities of domestic abuse.
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20.Principles of Forensic Science And Crime Scene Management: Analysis of a Hypothetical Case
By- Advocate Paras Yadav (Assistant Professor of Law) & Piyanshi Garg (LLM Student), IILM University, Greater Noida
•Abstract
This paper delves into the fundamental principles underpinning forensic science and crime scene management, illustrating their practical application through the analysis of a detailed hypothetical case. It explores the crucial stages of crime scene investigation, emphasizing the systematic approach required for identification, documentation, collection, and preservation of physical evidence. The study further examines the scientific methodologies employed in forensic analysis, including disciplines such as fingerprint examination, DNA profiling, trace evidence analysis, and ballistics, demonstrating how these techniques contribute to the reconstruction of events and the identification of potential suspects. By dissecting a realistic scenario, this paper highlights the interdisciplinary nature of forensic science and the critical role of meticulous crime scene management in ensuring the integrity and admissibility of evidence, ultimately contributing to the pursuit of justice. The analysis underscores the importance of adhering to established protocols, maintaining chain of custody, and employing sound scientific principles to effectively investigate and resolve criminal cases.
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21.Criminal Minds and Social Realities: A Comparative Analysis of Psychological and Sociological Theories of Criminal Behaviour
By- Advocate Paras Yadav (Assistant Professor of Law) & Aakansha (LLM Student), IILM University, Greater Noida
•Abstract
This research article looks at the key contrasts and intersections between psychological and sociological theories of criminal behavior. Psychological theories concentrate on individual mental processes, personality traits, and developmental concerns that influence criminal behavior. In contrast, sociological theories highlight the importance of social structures, cultural norms, and group dynamics. By critically assessing representative ideas from both viewpoints and including major Indian case laws, this research article emphasizes the benefits and limitations of each method and advocates for a multidisciplinary understanding of criminal conduct.
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22. Quashing of criminal proceedings and Scope of Article 227 of Constitution of India.
By- Advocate Paras Yadav (Assistant Professor of Law) & Akash S. Kukreja (LLM Student), IILM University, Greater Noida
•Abstract
The Indian legal system, recognizing the possibility of frivolous or malicious prosecution, provides mechanisms for quashing of criminal proceedings. Two prominent avenues for such intervention are Section 482 of the CrPC and Article 227 of the Constitution of India. This paper examines the theoretical and practical aspects of quashing proceedings, focusing particularly on the supervisory judicial interpretations, compares the powers under different provisions, and reflects on the balance courts must maintain between preventing misuse of judicial processes and ensuring justice and fair trial to all citizens.
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23. Victim Rights in India: A Critical Analysis of Legal Framework and Institutional Challenges
By- Advocate Paras Yadav (Assistant Professor of Law) & Shivani Tiwary (LLM Student), IILM University, Greater Noida
•Abstract
This research critically interrogates the Indian criminal justice system's systemic marginalization of victims, contending that true justice demands a paradigm shift from an offender-centric to a victim-inclusive model. Drawing upon constitutional mandates, international instruments like the 1985 UN Declaration, and key judicial pronouncements, the study examines the fragmented recognition of victim rights within Indian jurisprudence. It highlights the inadequacies of statutory provisions such as Sections 357 and 357A CrPC, the inconsistent application of judicial guidelines, and the structural barriers impeding victim participation and restitution. Through comparative analysis of global best practices and the Malimath Committee’s unimplemented reforms, the paper advocates for a cohesive legal framework ensuring access to justice, compensation, and procedural dignity for victims. Ultimately, it argues that victim justice is not ancillary to criminal justice but its moral and constitutional imperative, requiring not only legal reform but a societal reorientation toward empathy, accountability, and restorative engagement.
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24. ADMISSIBILITY OF EVIDENCE IN CRIMINAL LAW
By- Advocate Paras Yadav (Assistant Professor of Law) & Vipin Bhardwaj (LLM Student), IILM University, Greater Noida
•Abstract
Evidence admission doctrines found their central position in criminal law procedures because they shape trial results. Evidence admissibility within the legal system depends greatly on the required methods for gathering evidence which courts must follow during trials. This research paper examines evidence admissibility factors in criminal cases as defined by Indian legal standards provided by the 1872 Evidence Act and 1973 Criminal Procedure Code. The paper evaluates evidence categories which include oral declarations and documentary records and material artifacts as well as electronic evidence types and circumlocution evidence while exploring legal admission tests based on pertinence combined with credibility and competence and legality criteria. The paper closely evaluates protective measures regarding the accused rights that encompass restrictions against hearsay statements and evidence obtained illegally and confessions made through duress. Further, the paper delves into the growing role of electronic and digital evidence in criminal trials, especially in the context of Section 65B of the Evidence Act. Evidence laws in both Anvar P.V. v. P.K. Basheer and State (NCT of Delhi) v. Navjot Sandhu undergo analysis. Through legal research on Navjot Sandhu the article demonstrates how courts have understood and adapted the existing body of law.
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25. Mob Justice in Digital Age: When Social Media Replaces Courtroom
By- Dhawal Shankar Srivastava (Assistant Professor of Law) & Vidhi Agrawal (LL.M Student), IILM University, Greater Noida
•Abstract
In an age where digital platforms dominate public discourse, social media has evolved from a space for expression to a virtual courtroom—often bypassing legal institutions and due process. This paper critically examines the rise of digital mob justice, a phenomenon where public sentiment, shaped by viral content and algorithmic amplification, substitutes judicial procedure with instantaneous judgment. Through an analysis of high-profile Indian and global case studies—including those of Teesta Setalvad, Rhea Chakraborty, Johnny Depp and Amber Heard—the paper explores how emotionally charged narratives, influencer commentary, and trending hashtags can preempt formal investigations and shape public and institutional responses. It investigates the psychological toll on the accused, the erosion of the presumption of innocence, and the challenges faced by courts in maintaining judicial integrity amidst digital pressure. The study also evaluates recent legislative frameworks such as the Bharatiya Nyaya Sanhita and IT Rules 2021, alongside the ethical responsibilities of the media and online platforms. Arguing for a balance between free expression and procedural fairness, the paper calls for urgent legal reforms, stronger content regulation, media literacy, and platform accountability to protect the foundations of justice in a hyper-connected society.
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26. THE IMPACT OF ARTIFICIAL INTELLIGENCE ON PRIVACY RIGHTS IN INDIA
By- Mansi Gaur, LLM Student, IILM University, Greater Noida
•Abstract
This research paper explores the evolving intersection between artificial intelligence (AI) and the right to privacy in India. It examines how AI systems, while improving efficiency and enabling convenience, also pose significant risks to personal data and privacy. Through an in-depth analysis of India’s constitutional provisions, judicial pronouncements, and recent legislative measures such as the Digital Personal Data Protection Act, 2023, the study evaluates the adequacy of India’s current legal framework in safeguarding individual rights. It also investigates issues surrounding AI liability, surveillance, and the ethical deployment of technology. By comparing national and international legal developments, this paper highlights both the potential and the challenges posed by AI to privacy rights and emphasizes the need for adaptive, transparent, and enforceable regulations in the digital era.
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27. The Role of Copyright Law in Protecting Creative Works of Art
By- Dr. Prerna Gulati (Associate Professor of Law) & Ms. Khushi Singh (LLM Student), IILM University, Greater Noida
•Abstract
A key component of protecting creators’ rights and encouraging the spread of innovation and culture is copyright legislation. This essay examines the advantages and disadvantages of copyright legislation for safeguarding artistic creations, concentrating primarily on the Indian legal system and placing it in the context of international agreements and comparative viewpoints. It investigates the conceptual basis of copyright, identifies artists’ rights, and assesses present legal procedures in the context of contemporary concerns such as digital piracy, artificial intelligence, and jurisdictional conflicts. In addition, the report examines significant court rulings that have influenced the boundaries of artistic protection and suggests changes to improve copyright enforcement in a world that is increasingly interconnected.
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28. JUDICIAL APPROACH TOWARDS SEXUAL OFFENCES AGAINST CHILD IN LIGHT OF CRIMINAL LAW AMENDMENT ACT 2013
By- Advocate Paras Yadav (Assistant Professor of Law) & Amit Kumar (LLM Student), IILM University, Greater Noida
•Abstract
Prior to the enactment of the Criminal Law (Amendment) Act, 2013, the Indian legal framework lacked a comprehensive and child-specific approach to addressing sexual offences against minors. Sexual abuse of children was dealt with under the Indian Penal Code, 1860 (IPC), using general provisions such as Sections 375/376 (rape), 354 (outraging the modesty of a woman), and 377 (unnatural offences). These sections, however, were inadequate to cover the full spectrum of sexual violence faced by children, especially forms of abuse that did not involve penile-vaginal penetration. This inadequacy was brought to the forefront in the landmark case of Sakshi v. Union of India, where an NGO highlighted the limitations of existing legal provisions and the urgent need to broaden the legal definition of rape. The petitioners argued that the narrow definition under IPC failed to protect children from acts such as oral, anal, and object penetration, which were not recognized as rape under the then-existing law, thereby violating the right to life and dignity under Article 21 of the Constitution. They also invoked Article 15(3), which empowers the State to make special provisions for children, arguing that a lack of adequate legal measures constituted a denial of constitutional protection.
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29. JUDICIAL INITIATIVE IN INDIA ON SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
By- Advocate Paras Yadav (Assistant Professor of Law) & Prabhjot Kaur (LLM Student), IILM University, Greater Noida
•Abstract
In a dynamic society like India, where social norms and awareness are constantly evolving, legal systems must adapt to meet emerging challenges. Recognizing this, the Indian judiciary has moved beyond traditional, passive roles to adopt a proactive stance—commonly known as judicial activism. This shift is particularly evident in areas impacting human rights and gender justice, where the courts have played a transformative role. One significant example of such judicial initiative is the landmark intervention by the Supreme Court of India in the Vishaka v. State of Rajasthan (1997) case, which laid the foundation for legal protection against sexual harassment of women at the workplace. In the absence of specific legislation, the Court stepped in to fill the legal vacuum by framing the Vishaka Guidelines, relying on international conventions and constitutional mandates to protect the fundamental rights of working women.
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30. The OECD’s Two-Pillar Solution – An Overview
By- Vaishnavi Tripathi (LLM Student) & Dr. Rekha Verma (Assistant Professor of Law), Amity University, Noida
•Abstract
The OECD's Two-Pillar Solution to address the problems of base erosion and profit shifting (BEPS) in a globalised and more digitalised economy is thoroughly examined in this article. Starting with the BEPS Project's historical development, the article outlines the conceptual and practical differences between Pillar One, which aims to reallocate taxing rights, and Pillar Two, which implements a worldwide minimum tax to guarantee a corporate tax floor. A substantial amount of the study is focused on the various obstacles that come with putting Pillar Two into practice, such as the intricacy of the law, the administrative load, and the difficulty in calculating the effective tax rate (ETR). The article delves more into the conflict between national fiscal sovereignty and international tax coordination, discussing the ramifications for emerging nations, the limitations on democratically elected fiscal policies, and the decline in tax competitiveness. It also takes into account the risk of corporate restructuring as well as the numerous compliance requirements placed on multinational corporations (MNEs), ranging from data tracking to audit exposure. The hazards of treaty override, legal fragmentation, and the pressing need for a global convention are highlighted in this critical analysis of Pillar Two's interplay with current bilateral tax treaties. The paper concludes by evaluating the possibility of jurisdictional conflicts, double taxation, and the ongoing capacity issues that developing nations would encounter while putting the new regulations into effect.
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31. COMPARATIVE ANALYSIS OF LEGAL CHALLENGES IN INTERNATIONAL COMMERCIAL ARBITRATION: THE INDIAN PERSPECTIVE
By- Mrs. Bhavana Dhoundiyal (Assistant Professor of Law) &Yashika Rathour (LLM Student), IILM University, Greater Noida
•Abstract
Mahatma Gandhi once shared that he came to realize the real duty of a lawyer is not just to argue or win cases, but to bring people together. He mentioned that during his 20 years of legal practice, most of his time was spent helping people settle their matters privately, through mutual understanding and compromise. He believed that by doing so, he didn’t lose anything — not his earnings, and definitely not his principles. In fact, he felt more connected to the true purpose of justice — healing, not harming. As society has grown, so have human conflicts—after all, it’s often said that where there are two people, there can be three opinions. With increasing complexity in human relationships and social structures, disputes have become almost unavoidable. Because of this, it’s important to have mechanisms that are quick, simple, and cost-effective to resolve such issues. A strong and efficient dispute resolution system not only reduces the pressure on the courts but also helps ensure timely justice in situations that otherwise create unnecessary delays.
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32.The Impact of Trademark Law on IT Service Companies: A Focus on NIIT
By- Aman Sharma (LLM Student) & Dr. Prerna Gulati (Associate Professor of Law), IILM University, Greater Noida
•Abstract
This paper examines the intersection of trademark law and the operations of IT service companies, specifically focusing on NIIT Limited, a leading global player in skills and talent development. Trademarks are essential tools in protecting the identity and reputation of a company, especially in an increasingly competitive and globalized IT service market. The paper explores how trademark protection influences brand identity, market positioning, and legal security for IT service providers like NIIT. By analyzing relevant legal frameworks, examining NIIT’s trademark strategies, and discussing challenges faced in the enforcement of trademark rights, this research sheds light on the critical role trademarks play in maintaining a competitive edge and fostering consumer trust. Ultimately, it seeks to highlight the evolving relationship between intellectual property laws and IT services, and how companies can leverage these laws to strengthen their brand and market presence.
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33. IMPACT AND IMPLEMENTATION OF GOODS AND SERVICES TAX GLOBALLY: A COMPREHENSIVE ANALYSIS FROM THE 1960S TO PRESENT
By- Nishtha Jain, LLM Student, IILM University, Greater Noida
•Abstract
This paper provides a comprehensive examination of the worldwide adoption and implementation of the. The goods and services tax (gst) traces its roots back to early tax reforms implemented in the past. The 1960s to its present-day usage and development in contemporary financial markets. The study examines. The economic impact of gst was thoroughly examined through rigorous statistical analysis and comprehensive research. Cross-country comparisons, providing valuable insights into both the positive and negative aspects. Effects of This Tax Legislation. With a focus on empirical evidence, the. Research incorporates data-driven assessments, highlighting key trends and. Policy interventions that have influenced the development of gst worldwide. Recommendation: Suggestions for Economists, Policymakers, and Scholars. The proposed strategies are based on a thorough analysis of how other countries have implemented the Goods and Services Tax (GST). In different regions. The study concludes with a future outlook that. Examines the intricate relationship between tax policy innovation and its impact on the economy.
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34.Corporate Fraud: Analysing Preventive Measures Under Indian Law ( A Critical Evaluation of legal safeguards and Enforcement Mechanisms )
By- Barkha Gautam, LLM Student, IILM University, Greater Noida
•Abstract
Corporate fraud continues to pose significant risks to the financial architecture and corporate governance in India, undermining public confidence and threatening the integrity of the market. Over the last decade, the country has witnessed a dramatic increase in complex fraudulent schemes that exploit legal loopholes and regulatory weaknesses, highlighting the urgent need for a robust response. This research paper delves into the evolution of corporate fraud within the Indian context from 2015 to 2024, paying particular attention to the preventive measures outlined in the Companies Act 2013 and pertinent regulations put forth by the Securities and Exchange Board of India (SEBI). By employing a comparative legal research methodology, the paper engages in a thorough examination of landmark judgments and recent high-profile fraud cases that not only rocked the corporate world but also serve as critical learning points for regulators and lawmakers alike.
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35. EVALUATING THE ARTISTIC WORK WITH THE SPECIAL REFERENCE TO COPYRIGHT LAW IN INDIA.
By- Alia Afsar Khan (LLM Student) & Dr. Amandeep, (Assistant Professor of Law), IILM University, Greater Noida.
•Abstract
This paper explores the legal framework for the protection of artistic work under the copyright act, examining the scope of Copyright protection and the challenges faced by the artist in enforcing their rights, with the recent amendments and judicial interpretation on the safeguarding of artistic creation in India. Under Copyright Act 1957, which is the main legislation ruling Copyright in India, wide arrangements of work are eligible for copyright protection surrounding not only literary and dramatic work but also artistic work and musical creation. However, the request of Copyright law to the field of art has been a theme of ongoing academic discourse, with the concern rising regarding the possible way for content – based laws which are having a chilling effect on the publication of artistic work. As the sailing effect in the legal system in which the work should be call for question in variable difficulties. This paper also deals into the exquisite of copyright protection of artistic work in India examining and evaluating the legal framework with the challenges face by the artist having the impact on recent laws and judicial development on the privacy of the artistic expression in India.
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36. Bridging the Justice Gap: Evaluating the Effectiveness of Online Dispute Resolution Systems in Rural India
By- Bhavana Dhoundiyal, (Assistant Professor of Law) & Parinishtha, LLM Student, IILM University, Greater Noida
•Abstract
This research paper examines the implementation, effectiveness, and challenges of Online Dispute Resolution (ODR) systems in rural India. The study evaluates how digital dispute resolution mechanisms are addressing the justice gap in underserved rural communities, where physical infrastructure and legal resources are limited. Through analysis of case studies, judicial decisions, legislative frameworks, and empirical data, this paper assesses the impact of ODR initiatives on access to justice, dispute resolution efficiency, and socio-economic development in rural India. The findings indicate that while ODR systems offer promising solutions to longstanding justice accessibility issues, significant challenges remain in terms of digital literacy, technological infrastructure, and procedural adaptations required for rural contexts. The findings suggest that contextually adapted ODR models incorporating mobile-first design, local language support, and community facilitation centres can substantially improve justice access in rural India. The paper proposes a framework for developing inclusive ODR systems that bridge rather than widen the digital justice divide.
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37. REVOLUTIONIZING ACCESS TO JUSTICE: THE TRANSFORMATIVE ROLE OF ONLINE DISPUTE RESOLUTION (ODR) IN MODERN INDIAN LEGAL SYSTEM
By- Neha Saifi, LLM Student, IILM University, Greater Noida
•Abstract
Access to justice is a fundamental pillar of a fair and just society, yet it remains elusive for many due to barriers such as high costs and complex legal processes. In today's rapidly evolving world, the legal system faces new dynamics and demands. Traditional dispute resolution mechanisms are often slow, costly, and inaccessible to a significant portion of the population. ODR, as an innovative approach, holds promise in democratizing access to justice by providing a cost-effective and efficient alternative. This research aims to examine the role of ODR in improving access to justice and identify the specific contexts in which it can be most effective. It also seeks to assess the advantages and limitations of ODR compared to traditional methods and explore the legal and ethical considerations associated with its implementation.
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38.The Role of Indian Courts in Arbitration: Judicial Intervention and Supreme Court Approaches
By- Bhavana Dhoundiyal, (Assistant Professor of Law) & Parinishtha, LLM Student, IILM University, Greater Noida
•Abstract
This research paper examines the evolving role of Indian courts in arbitration proceedings, with a particular focus on judicial intervention and the approaches developed by the Supreme Court of India. The paper traces the trajectory of judicial attitudes from extensive intervention to increasing deference toward arbitral autonomy, analysing landmark judgments that have shaped India's arbitration landscape. Through critical examination of statutory frameworks, judicial precedents, and comparative perspectives, this research evaluates the balance between necessary court supervision and arbitral independence in the Indian context. The findings suggest that while significant progress has been made toward international best practices, ongoing challenges remain in fully realizing the principle of minimal judicial intervention, particularly in domestic arbitrations. The research contributes to the scholarly understanding of how courts influence the effectiveness of arbitration as an alternative dispute resolution mechanism in India's evolving legal ecosystem. This paper also concludes with recommendations for further improvements to India’s arbitration landscape that maintain appropriate judicial oversight while strengthening arbitration as an effective dispute resolution mechanism.
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39. From Exploitation to Empowerment: A Critical Analysis of Indian Legal Framework against Child Labour
By- Gaurav Kumar (Assistant Professor of Law) & Lovely Kumari (LLM Student), IILM University, Greater Noida
•Abstract
Child labor means where minor kids are locked in as workers in return of cash, under conditions which harm to their well being and they are not able to improve themselves physically and mentally, some of the time isolated from their families, this time is necessary for education and training opportunities that could open up for them a better future. Child labor is in this manner where kids work and are not safe, it is also dangerous when it is hazardous place. When the payment is earned or of participation in self or family support conflicts directly or indirectly with the business of growth and education, the result is child labor. The children who don’t go to school is a child labor.
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40. The Role of Indian Courts in Interim Relief in International Commercial Arbitration: Balancing Support and Non-Interference
By- Bhavana Dhoundiyal, (Assistant Professor of Law) & Parinishtha, LLM Student, IILM University, Greater Noida
•Abstract
This paper examines the evolving role of Indian courts in granting interim relief in international commercial arbitration (ICA). It analyses the delicate balance Indian judiciary must maintain between supporting the arbitration process through protective measures and respecting the principle of minimal judicial interference. Through analysis of legislative developments and landmark judgments, this research identifies key principles that guide Indian courts when considering applications for interim measures in international arbitration proceedings, highlighting the tension between judicial intervention and arbitral autonomy. It also explores the jurisprudential developments post the 2015 and 2021 amendments, which aim to align Indian arbitration law with global standards while preserving judicial oversight in exceptional cases. By analysing key judgments and legislative reforms, the paper highlights how Indian courts strive to maintain a delicate balance: facilitating the arbitral process by granting urgent interim measures, when necessary, yet refraining from undue intervention that may compromise party autonomy or arbitral independence. Ultimately, the study reflects on the broader implications of this balancing act for India’s position as a pro-arbitration jurisdiction in the global commercial arena.
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41. Abuse of Dominance in Digital Markets: A Modern Analysis under Indian Competition Law
By- Rachit Sharma (Assistant Professor of Law) & Aditi Jaiswal (LLM Student), IILM University, Greater Noida
•Abstract
Over the past few years, digital markets have become a doyen of world economies, revolutionizing the way companies function and engage with customers. With this has come an absolute necessity to revisit the pre-existing competition law norms, more so related to abuse of dominant positions by large players in the digital environment. This research paper critically analyses the abuse of dominance concept in Indian competition law against the backdrop of digital markets. The Indian Competition Act, 2002 was made keeping traditional market structures in mind, and even though its wide interpretation and intention of legislature permits some flexibility, the digital economy poses its own sets of challenges not originally contemplated. Digital markets have inherently complex structures with characteristics of network effects, zero-pricing schemes, multi-sided platforms, and the leading influence of data. These trends in themselves tend to produce quick concentration of markets and heighten the prospect of anti-competitive practices without the abuse of traditional prices. In the course of these structures, the dominant firms will engage in exclusionary strategies that may damage the competitive process as well as the consumer welfare through methods like self-preferencing, predatory price or exclusive dealing.
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42. AGE OF CRIMINAL RESPONSIBILITY: IMPERATIVES OF A DEVELOPEMENT MODEL OF JUVENILE JUSTICE IN INDIA
By- Advocate Paras Yadav (Assistant Professor of Law) & Sandeep Chawda (LLM Student) , IILM University, Greater Noida
•Abstract
The age of criminal responsibility is a pivotal element in juvenile justice systems, determining the balance between accountability and rehabilitation. This paper investigates the developmental model of juvenile justice in India, drawing on psychological, sociological, and legal perspectives. Through a critical review of existing frameworks and comparative analysis with international practices, the research highlights gaps in the Indian system. It proposes reforms aimed at harmonizing legal provisions with developmental principles, ultimately contributing to a more equitable juvenile justice framework.
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43. Decoding The Trademarks Matrix : Legal Foundations And Functional Paradigms In IP Law
By- Mr. Amandeep (Assistant Professor of Law) & Tushar Kumar Saini (LLM Student), IILM University, Greater Noida
•Abstract
This research paper critically examines the evolution, justification, and international framework governing trademark law in India, with a particular focus on the Trade Marks Act, 1999. It provides a comprehensive overview of the historical development of trademark protection, tracing its roots from pre-independence legislation to its present-day structure influenced by global trade agreements. The study elucidates the rationale behind trademark protection, exploring economic, legal, and moral justifications, while also analyzing key international treaties such as the Paris Convention, TRIPS Agreement, and Madrid Protocol. Special attention is given to various classifications of trademarks including service marks, shape marks, and collective marks, as well as the rights conferred upon proprietors. The paper further delves into complex issues such as infringement, passing off, cyberspace disputes, and the concept of goodwill. Additionally, it investigates mechanisms of assignment, licensing, and transmission of trademarks, and evaluates remedies available under Indian law. The paper also explores the parallel domain of geographical indications, offering insights into its evolution, statutory framework, and challenges like genericide and higher levels of protection under TRIPS. By integrating legislative provisions with judicial interpretations, the research offers a holistic understanding of the Indian trademark and geographical indication regime and its alignment with international standards.
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44. ODR IN THE AGE OF E-COMMERCE IN INDIA
By- Anushka Kumar, LLM Candidate, IILM University, Greater Noida
•Abstract
A new age issue has been propping up with regard to the e-commerce boom in India. With a plethora of digital services, online transactions and e-commerce platforms, the number of grievances have risen manifold. While the world is reeling through a tech-boom and the consequent increase of consumer grievances in electronic commerce, Online Dispute Resolution processes have been gaining great popularity. The Indian legal system is also adapting to this shift of online businesses and exponentially high consumer transactions made online. The present paper carefully analyses the extent to which the Indian legal system has been able to accommodate ODR in the age of e-commerce in India.
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45.POLICE CUSTODY VS JUDICIAL CUSTODY
By- Priyanka Gupta (Assistant Professor of Law) & Aakanksha Chauhan (LLM Student), IILM University, Greater Noida
•Abstract
In the realm of Indian criminal law, the term "custody" refers to the state of being detained or restrained by lawful authority, typically in connection with a criminal investigation or proceeding. While the “Code of Criminal Procedure”, 1973 (CrPC) does not explicitly define "custody," judicial interpretations have provided clarity. In the case of “Chhotey Lal v. State of Uttar Pradesh”, According to the court, "custody" includes both incarceration in a physical facility and restrictions on an individual's freedom of movement imposed by law enforcement, even in the absence of an official arrest. There are other types of custody, such as judicial custody (where the accused is sent to prison by the court) and police custody (where the accused is overseen directly by the police). The individual's rights and freedoms are affected by the nature and consequences of different custodial forms, which vary greatly.
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46. CASE STUDY OF MUMBAI’S CORPORATE SECTOR, REGARDING HRDD
By- Katha Ghosh (LLM Student) & Bhavana Dhoundiyal (Assistant Professor of Law), IILM University, Greater Noida
•Abstract
This research paper presents a case study of Mumbai’s corporate sector to understand how Human Rights Due Diligence (HRDD) is being followed and practiced in real life. In a city known as India’s financial pivot, companies play a major role in shaping working conditions and social responsibility. The study looks into how laws related to workers’ rights, gender equality, and employee welfare are being applied on the ground. Through selected examples from industries such as technology, media, and finance, the paper highlights both positive efforts and areas where improvements are needed. The goal is to bring attention to the human side of corporate obligations and suggest ways to strengthen HRDD in Mumbai for the well-being of all stakeholders.
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47. CORPORATE LEGAL RESPONSIBILITIES REGARDING CLIMATE CHANGE
By- Rahul Ghosh (LLM Student) & Bhavana Dhoundiyal (Assistant Professor of Law), IILM University, Greater Noida
•Abstract
This research provides an overview of the key legal international frameworks, policies, and agreements that work for a better environment. This research also highlights the duties and responsibilities that the corporations must follow. This study further argues that corporations must move beyond the profit motive and think of the environment out of humanity, and also highlights the risks of non-compliance and greenwashing. The climate change is no more just an environmental issue in fact it is now a major humanitarian crisis, that threatens all the living beings and the planet as well. In this situation the international and national government should come together and build a strong legal framework with proper effective measures in case of non-compliance. All the nations should unite and work together to build an effective legal framework which aims to resolve the climate change.
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48.COMPARATIVE LEGAL ANALYSIS OF HRDD FRAMEWORK IN JAPAN AND CHINA
By- Katha Ghosh (LLM Student) & Bhavana Dhoundiyal (Assistant Professor of Law), IILM University, Greater Noida
•Abstract
This research paper provides a comparative analysis of the legal frameworks related to Human Rights Due Diligence (HRDD) in Japan and China. HRDD is a systematic process through which companies identify, take precautions, and address their impacts on human rights. China and Japan, both countries, are Asia’s largest economic hubs and also play a pivotal role in shaping corporate responsibilities, accountability, and legal norms. The research further examines how different countries incorporate HRDD into their legal framework and corporate obligations, and also highlights their strengths and weaknesses. It also observes how maternity and paternity leave laws including the working conditions and enforcement strategies affect the practical execution of human rights standards. Through this analysis, the research sets target to provide better strategies and implementation procedures that can help improve HRDD practices in Japan and China, including other developing countries, like India. Henceforth, ensuring that the businesses operate with respect for human dignity and social justice.
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49. Right to privacy and data protection regime in India: A critical Analysis
By- Vaibhav Gupta (Assistant Professor of Law) & Sakshi Srivastava (LLM Student), IILM University, Greater Noida
•Abstract
The digital revolution has drastically transformed how data is collected, stored, and used, amplifying concerns regarding individual privacy and data protection. India, amid this rapid technological advancement, faces increasing incidents of data breaches and surveillance, raising critical questions about the adequacy of its legal framework. This paper critically analyzes the evolution of the right to privacy in India, especially post the landmark Justice K.S. Puttaswamy v. Union of India judgment, which recognized privacy as a fundamental right under Article 21 of the Constitution. The study explores the legislative landscape governing data protection, with emphasis on the Information Technology Act, 2000, its 2008 amendments, and the recently enacted Digital Personal Data Protection (DPDP) Act, 2023. It evaluates the limitations of existing laws in addressing modern data challenges and emphasizes the ethical implications of state surveillance practices. Furthermore, the paper assesses how international human rights instruments, such as the UDHR and ICCPR, influence domestic privacy jurisprudence. With the increasing use of surveillance technologies, including facial recognition and AI-based monitoring, the paper highlights the tension between national security imperatives and individual freedoms. It advocates for harmonized, transparent, and accountable data governance mechanisms aligned with global standards like the GDPR. Ultimately, this study underscores the urgent need for a comprehensive, rights-based data protection regime in India that balances technological innovation with the preservation of civil liberties.
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50. The Role and Impact of Artificial Intelligence in the Judiciary
By- Vaibhav Gupta (Assistant Professor of Law) & Mansi Gaur (LLM Student), IILM University, Greater Noida
•Abstract
The integration of Artificial Intelligence (AI) into the judiciary marks a pivotal transformation in how justice is conceived, accessed, and administered. This paper critically explores the evolving role of AI in the legal sector, with a particular emphasis on its influence in dispute resolution, legal research, and court management systems. It outlines the transition from traditional courtroom litigation to online and AI-driven dispute resolution mechanisms, highlighting the technological advancements that have facilitated this shift. The study also evaluates the implications of AI tools such as predictive analytics, machine learning algorithms, and smart contracts within judicial processes, while analyzing the potential benefits of efficiency, cost reduction, and enhanced access to justice. Drawing from legal developments in India and other jurisdictions such as the United States and Estonia, the paper presents a comparative framework for understanding the opportunities and limitations of AI in legal settings. Furthermore, it discusses the legislative and ethical challenges that arise with the adoption of AI, particularly concerning data privacy, judicial transparency, accountability, and the irreplaceable human dimension in legal reasoning and empathy. The research aims to provide a forward-looking perspective on how AI can be responsibly integrated into the judiciary without undermining its foundational principles of fairness, justice, and public trust.
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51. Comparative study with cyber laws in the US and the UK
By- Rachit Sharma (Assistant Professor of Law) & Kritika Kushwaha (LLM Student) , IILM University, Greater Noida
•Abstract
The increasing prevalence of cybercrimes in a digitally connected world has created significant legal challenges, particularly in the domains of jurisdiction and enforcement. This paper critically examines the principles and complexities of jurisdiction in cyberspace, including territorial, prescriptive, and enforcement jurisdiction, and how they are affected by the borderless nature of the internet. It analyses the jurisdictional conflicts that arise in cross-border cybercrimes and evaluates the effectiveness of international treaties such as the Budapest Convention in addressing these issues. The study further explores India’s national enforcement mechanisms under the Information Technology Act, 2000, and the challenges in prosecuting cybercrimes involving foreign actors and digital infrastructure. Through case law analysis and discussion of mutual legal assistance treaties (MLATs), this paper underscores the need for stronger international cooperation, harmonization of legal frameworks, and updated national laws to effectively combat cyber threats and ensure accountability in the digital realm.
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52. Evolving Markets: A Comparative Study of Traditional and Digital Competition Laws
By- Dr. Swati Bajaj Seth (Associate Professor of Law) & Tejashwini Omprakash Tanwar (LLM Student), IILM University, Greater Noida
•Abstract
This research paper studies the concept of market and competition by exploring both traditional ideas from ancient literature and modern practices in today’s economy. Ancient texts from Indian and other classical sources offer insights into how markets worked and how fair competition was encouraged in earlier times. The paper compares traditional markets, where buying and selling happened in physical spaces, with today’s digital markets, where most transactions are done online. It highlights how the nature of competition has changed due to digital platforms, e-commerce, and online marketing. The paper also discusses how existing competition laws may not fully address the new challenges in digital markets, such as data privacy, dominance of big tech companies, and unfair trade practices online. Based on these observations, the paper suggests that there is a need to update and develop new rules and regulations to keep up with changing market trends and ensure fair competition for all.
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53. Municipal Green Bonds as a Fiscal Tool for Urban Local Bodies: Opportunities and Challenges
By- Garima Mohan Prasad (Assistant Professor of Law) & Manvendra Singh Omprakash Tanwar (LLM Student), IILM University, Greater Noida
•Abstract
Cities today are growing fast, and with that growth comes significant challenges like pollution, traffic, waste, and the need for better public services. Urban Local Bodies (ULBs), which are responsible for managing cities, need a lot of money to build and maintain green infrastructure such as clean water systems, public transport, renewable energy, and waste management. However, most ULBs lack funds or financial independence to meet these growing needs. This research paper looks at how municipal green bonds can help. These are special types of bonds that cities or municipal bodies can issue to raise money specifically for environmentally friendly projects. The paper focuses on two main goals: Helping cities raise money for sustainable development, and improving the financial independence of ULBs so they don't have to depend only on state or central government funding. To understand this better, the study looks at different examples from around the world and within India. It reviews policies, financial data, and case studies, like the green bond issued by Ghaziabad Municipal Corporation. It also explores the current challenges faced by ULBs in issuing green bonds, such as a lack of awareness, weak credit ratings, investor concerns, and unclear rules. The findings show that municipal green bonds can be a powerful tool for cities. They can bring in new investors, encourage better financial planning, and support long-term environmental goals. However, there are still many barriers that need to be addressed, like building technical capacity in ULBs, creating clear policies, and making sure there are systems in place to track how the money is used. This paper ends with some key recommendations to help make municipal green bonds more practical and successful. These include creating stronger legal frameworks, providing training and support to local officials, and finding ways to improve credit ratings for ULBs. Overall, the paper highlights that green bonds are not just a way to raise money; they can also help cities become stronger, more self-reliant, and more sustainable in the long run.
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54. ONLINE DISPUTE RESOLUTION IN INDIA: A CRITICAL ANALYSIS OF ITS IMPLEMENTATION AND EFFECTIVENESS
By- Yashika Rathour, LLM Student, IILM University, Greater Noida
•Abstract
In today’s digital world, where technology has made our lives easier in almost every way—from shopping and banking to education and communication—it’s only natural that it begins to play a role in how we resolve disputes too. Many countries, especially in the West, are already exploring how legal conflicts can be resolved through online platforms. However, in India, the concept of Online Dispute Resolution (ODR) is still growing and needs deeper understanding and development. In the case of State of Maharashtra vs. Prafull Desai, the apex court acknowledged the use of video conferencing to record the witness statement. As society changes and technology advances, traditional ways of resolving disputes also need to evolve. Legal scholars like Thomas Schultz have raised important questions about how far we can go with creating faster, alternative methods for resolving conflicts. In his 2004 research, Schultz pointed out that the world is moving toward quicker and more informal ways of settling disputes, often outside of courtrooms. Although he focused mainly on arbitration, his thoughts apply just as much to the broader field of ODR, which is becoming an important part of future justice systems.
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55. Cyber-bullying and Children’s Rights: Evaluating the Legal Protections Available
By- Vaibhav Gupta (Assistant Professor of Law) & Chirag Arora (LLM Student), IILM University, Greater Noida
•Abstract
One of the biggest risks to children's safety and wellbeing in the digital age is cyber-bullying. The likelihood of targeted online abuse has increased dramatically as kids engage with each other more and more through social media, messaging applications, online games, and virtual schools. In contrast to traditional bullying, cyber-bullying frequently crosses geographical and temporal borders, allowing offenders to hurt victims at any time while remaining anonymous. The psychological effects on child victims, such as anxiety, despair, self-isolation, and in extreme situations, suicide, have caused parents, educators, legislators, and human rights advocates to express grave concerns. The topic of cyber-bullying against children is critically examined in this research study from the perspectives of national statute frameworks, international human rights law, and new standards for digital governance. The study examines how children's rights to privacy, protection, participation, and access to justice are affected by online environments, drawing on agreements like the Budapest Convention on Cybercrime and the United Nations Convention on the Rights of the Child (UNCRC). To identify both promising practices and areas of worry, a comparative analysis of legal responses in nations including the US, UK, and India is conducted. The study does this by pointing out a number of shortcomings in the current legal system, such as imprecise statutory definitions, restricted jurisdiction over transnational crimes, insufficient enforcement tools, and the lack of child-specific digital safety regulations. The study also looks at how caregivers, schools, and digital companies can all do their part to stop and address instances of cyber-bullying. Particular focus is placed on how regulations might better address the particular vulnerability and developmental requirements of children in online settings.
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56.Impact Of Artificial Intelligence On Corporate Compliance And Risk Management In India
By- Ms. Garima Mohan Prasad (Assistant Professor of Law) & Nishtha Jain (LLM Student), IILM University, Greater Noida
•Abstract
Artificial Intelligence (AI) is reshaping corporate governance globally. In India, AI tools are increasingly used for compliance automation, fraud detection, and risk analysis, but existing laws (e.g. the Companies Act, 2013 and IT Act 2000) contain no AI-specific provisions. This creates a legal gray area AI can improve decision-making and disclosure (for example, scanning financial statements for fraud under Section 134 of the Companies Act) yet questions about algorithmic bias, data privacy and liability remain unanswered. This paper reviews the literature, regulatory landscape, and sectoral case studies to assess how AI affects compliance and risk oversight in India. We gather data from policy documents and industry reports, and apply qualitative and quantitative analysis. Key findings indicate that while AI could boost India’s GDP by ~10% by 2025 and significantly raise productivity, India must close regulatory gaps. We compare India’s approach with the EU’s risk-based AI Act, the US’s voluntary NIST AI Framework, and Singapore’s Model AI Governance Framework, Recommendations include adopting clear AI audit and accountability standards (as some experts propose), enhancing data protection laws, and aligning industry codes with global best practices.
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57. TRANSFORMING M&A DUE DILIGENCE : THE ROLE OF AI IN MODERN DEAL MAKING
By- Vaishali Dixit (LLM Student ) & Garima Mohan Prasad (Assistant Professor of Law), IILM University, Greater Noida
•Asbtract
The research paper presents practical recommendations for improving DD processes in M&As and explores how artificial intelligence (AI) and other technological tools can enhance the due diligence process, enabling companies to make more informed decisions and achieve better integration outcomes. The research findings also suggest that artificial intelligence (AI) and other technological tools can significantly enhance the effectiveness of due diligence in M&As. The research paper highlight that AI has the potential to revolutionize and how M&A teams conduct due diligence by automating routine tasks, analyzing large volumes of data quickly, and providing predictive insights that would be difficult for human analysts to identify. The integration of AI into the DD process allows M&A teams to focus on high-value tasks, such as strategic decision-making and risk management, while AI handles the heavy lifting of data analysis and pattern recognition. Moreover, the research identified the increasing role of artificial intelligence (AI) and technological tools in enhancing the due diligence process. AI was found to be particularly useful in automating the analysis of financial data, legal documents, and contractual obligations, which significantly improved efficiency and accuracy. AI-powered tools, such as natural language processing (NLP) for legal contract review and data analytics for financial assessments, were seen as powerful tools to reduce human error, speed up the DD process, and identify risks that might otherwise go unnoticed. The integration of AI into DD workflows is set to transform the way M&As are evaluated, making the process faster, more comprehensive, and more precise.
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58. Insurance Law conundrum for consumers in India- tough legal language and rejected claims
By- Surya Tripathi (LLM Student ) & Garima Mohan Prasad (Assistant Professor of Law) , IILM University, Greater Noida
•Abstract
The research paper will understand the legal complexities that hinder consumer access to fair and efficient insurance claims process. The paper will also expand on the other challenges faced by the consumers under the Insurance Law. The paper will study how Insurance Act, 1938, IRDAI Act, 1999 and Consumer Protection Act, 2019 interact with each other to create a legal environment that often leaves consumers vulnerable to exploitation. The article will explore a way forward on how the problem of consumers could be solved under Insurance Law. From giving simple terms and conditions summaries to telling them in advance of possible rejection factors, the article will explore all such means which would help the consumers to easily go through an insurance policy.
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59.FUTURE AND SCOPE OF ONLINE DISPUTE RESOLUTION MECHANISM
By- Shivansh Saini (LLM Student) & Rachit Sharma (Assistant Professor of Law), IILM University, Greater Noida
•Abstract
Recent years have seen a shift away from the use of traditional judicial systems towards alternative dispute resolution mechanisms. Online conflict resolution involves the resolution of disputes through internet-based technology, acting as a detour from the necessity of having face-to-face interactions. It is a field of alternative dispute resolution that has grown in recent years. ODR includes a broad range of online communication tools, including video conferencing, online forms, emails, mobile applications, etc. Future development opportunities include blockchain technology and artificial intelligence, which, if they offer a user-friendly, secure forum, will undoubtedly establish ODR as the preferred method of dispute resolution. The ODR is still in its early stages, but it has a wide range of potential applications because it can be used to settle disputes involving IPR, consumer complaints, employment concerns, and other issues. Every coin has two sides, and online dispute resolution is no different. Although it has the potential to facilitate effective dispute resolution, it also comes with a number of challenges, including privacy concerns, security risks, technological obstacles, etc., which primarily affect the impartiality and fairness of the procedure. Online dispute resolution has been positioned as a chance to increase access to justice for all people, regardless of socioeconomic status, linguistic ability, or geographical location. Therefore this paper in essence focuses upon the analyses of several facets of ODR, as well as its challenges, scope, legal structure and regulatory framework.
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60.EVOLUTION OF METAVERSE: THREATS AND CHALLENGES IN CYBERSECURITY
By- Shivansh Saini (LLM Student), IILM University, Greater Noida
•Abstract
The metaverse is a concoction of physical reality and virtual world making a perpetual and persistent environment for the multiusers. It is formulated by the convergence of many digital bodies including the virtual and augmented reality. The term metaverse was coined to expand the reality of life and making its digital transformation. Thus, metaverse is an amalgamation of socialisation, network and provide dynamic interactions with digital artifacts. Since, metaverse is an emerging concept, it presently lacks a unified set of laws and finds its legal space in the scattered laws of the country. The authors through this paper will conceptualise the postulation of metaverse with the IT Act, 2000 and points out the heavy mulct to be paid in case of wrong done in the virtual habitat. The authors will further bring how metaverse has evolved considerably and also how comprehensively the latest developments have been made through metaverse. Since, metaverse is a part of cyber activity, so the authors will try to allocate the challenges faced to maintain the cyber security and how it has caused threat to the users in the world of avatars.
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61.AI-GENERATED BRANDS AND TRADEMARKS: LEGAL RECOGNITION AND CHALLENGES
By- Gaurav Kumar (Assistant Professor of Law) & Arjun Arora (LLM Student), IILM University, Greater Noida
•Abstract
Intellectual property law and branding are two areas that have changed as a result of artificial intelligence (AI). AI-generated brands and trademarks provide unique legal challenges, particularly with relation to authorship, ownership, and registrability. The legal recognition of AI-generated trademarks is a contentious topic because current trademark regulations were developed to protect human ingenuity. Important questions include how courts will handle AI's role in trademark development and whether AI can be recognized as an entity with the ability to own intellectual property. Furthermore, established legal frameworks are challenged by the rapid advancement of AI, and problems with responsibility, infringement, and consumer perception emerge. While countries like the United States, the European Union. There is no international legal framework for trademarks developed by AI, and India struggles with these complexities. Legislative and judicial responses vary; some advocate for legislation to promote AI developments, while others defend authorship that is focused on humans. This study explores the ramifications of AI-generated brands, looks at current legal frameworks, and evaluates potential policy avenues. This paper highlights the pressing need for legal certainty regarding AI-created trademarks by examining case law, international legislation, and emerging legal theories. In order to support innovation and maintain the integrity of intellectual property laws, these challenges must be resolved.
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62. Digital Piracy & Copyright issues in Today's World
By- Mr. Amandeep (Assistant Professor of Law) & Sankalp Goel (LLM Student), IILM University, Greater Noida
•Abstract
In the digital age, the rise of piracy and copyright infringement has become a major concern, posing significant risks to the protection of intellectual property rights. Digital piracy involves the illegal distribution and consumption of copyrighted digital content, whereas copyright infringement encompasses a broader range of legal violations related to an author's exclusive rights over their work. The rise of fast internet, file-sharing platforms, and streaming services has made it easier for people to access and share copyrighted content, impacting industries like music, movies, software, and books. This research paper delves into the development of digital piracy, its economic and legal ramifications, international efforts to combat it, and the ethical implications involved. Through the examination of case studies and legislative frameworks, this study seeks to offer a thorough understanding of digital piracy, copyright infringement, and potential strategies to address their consequences.
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63. THIRD-PARTY FUNDING IN INVESTMENT ARBITRATION: ETHICAL DILEMMAS AND OPPORTUNITIES
By- Bhavana Dhoundiyal, (Assistant Professor of Law) & Neha Saifi, LLM Student, IILM University, Greater Noida
•Abstract
In recent years, third-party funding (TPF) has reshaped the landscape of international investment arbitration by offering a financial lifeline to claimants unable or unwilling to shoulder the immense costs of legal proceedings. Born from the constraints of common law doctrines like champerty and maintenance, TPF has evolved into a complex yet vital mechanism that intersects law, finance, and ethics. This paper explores TPF’s role in democratizing access to justice and empowering investors from less affluent backgrounds to challenge state misconduct. At the same time, it does not shy away from the ethical dilemmas that accompany its rise—ranging from funder influence over litigation strategy to conflicts of interest affecting arbitrator impartiality. With legal systems and arbitral institutions across the globe responding in uneven but increasingly engaged ways, the discussion is now less about whether TPF is legitimate and more about how it can be regulated effectively. Through a comparative and doctrinal lens, this study outlines the evolution, opportunities, and regulatory gaps within TPF practice in investment arbitration. It concludes by advocating for a harmonized framework that preserves procedural integrity while recognizing the practical benefits funders bring to the table.
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64. Exploring Blockchain’s Impact on Corporate Transparency: Practical and Legal Issues
By- Dr. Swati Bajaj Seth (Associate Professor of Law) & Anaya Sharma (LLM Student), IILM University, Greater Noida
•Abstract
This research paper investigates how blockchain technology intersects with corporate transparency, concentrating on the legal ramifications and challenges of incorporating blockchain into corporate governance structures. By providing tamper-resistant records, real-time data access, and automated compliance through smart contracts, blockchain has the significant potential to enhance corporate transparency. Blockchain is distinguished by its decentralized, immutable, and transparent nature. The paper reviews the core principles of blockchain technology, its advantages for corporate governance, and its applications in areas like financial reporting, auditing, and supply chain management. The study also looks at the legal and regulatory context of blockchain, focusing on concerns about intellectual property, data privacy, and security. It identifies various technical, legal, and organizational obstacles companies may face when implementing blockchain for transparency. The paper provides guidance on best practices by showcasing successful applications and the lessons learned through case studies and concrete examples. The results indicate that while blockchain can significantly improve corporate transparency, it also introduces complex legal and regulatory issues that need to be carefully addressed. The paper concludes with recommendations for policymakers, business leaders, and other stakeholders on how to harness blockchain to enhance transparency while managing the associated risks. This research aims to advance the discussion on the role of emerging technologies in corporate governance and offer a thorough understanding of the implications and challenges of blockchain integration for transparency.
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65.AN OVERVIEW OF THE TAXATION SYSTEM IN INDIA
By- Roshit Dhiman (LLM Student) Prof. (Dr.) Devender Singh, Amity University, Noida
•Abstract
Ancient tax collection systems, from the times of the Arthashastra, right up to modern taxation practices such as the Goods and Services Tax (GST), form the broad spectrum of history from which ‘India’s taxation regime’ is born. This paper encapsulates the structure evolution along with the challenges that have faced it through constitutional history. Direct and indirect taxes as well as the constitutional split of taxing rights between the Union and State government are elaborated upon in detail. Some of the most important milestones of the tax system, such as its simplification through the GST along with the proposed Direct Tax Code, are heralded as simplifying attempts. Alongside the evolvement of India’s taxation practices, these documents explore issues like tax avoidance, legislative inefficiency, and inadequate tax revenue in relation to Gross Domestic Product (GDP) ratio. In addition to equity and efficiency, the evolving expectation of transparency and digital interactions in compliance with modern society are also critical in sustaining these principles. The conclusion is supplemented with actionable plans that aim at shifting the country’s central fiscal control upwards through enforcement, educating the taxpayer, and technology led solutions.
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66. THE ROLE OF AI IN DETECTING AND PREVENTING CORPORATE FRAUD
By-Akarshita Pandey, LLM Student, IILM University, Greater Noida
•Abstract
Corporate fraud continues to pose a major threat to companies globally, causing huge financial losses and reputational harm. Conventional fraud detection techniques, being reactive and time-consuming, are unable to keep up with the growing sophistication of fraudulent schemes. Here, Artificial Intelligence (AI) has become a revolutionary tool in detecting and preventing corporate fraud. Artificial intelligence technologies like machine learning, natural language processing, and predictive analytics allow organizations to foresee unusual patterns, detect anomalies, and reveal underlying risks in real time. By processing large amounts of structured and unstructured data, AI systems can identify fine-grained variations from typical behavior that could point to fraudulent transactions. In addition, AI improves internal controls, enables risk assessment frameworks, and offers real-time monitoring capabilities, thereby minimizing dependence on periodic audits. Automated alert systems, fraud scoring models, and AI-powered forensic analysis lead to quicker response times and better decision-making. Nevertheless, while AI presents several benefits, its implementation also brings with it ethical, privacy, and bias concerns that need to be addressed by organizations. This paper analyzes the shifting role of AI in fighting corporate fraud, identifies practical applications, pinpoints challenges and limitations, and considers future opportunities. With the incorporation of AI-powered strategies, organizations can make their fraud defenses stronger, protect stakeholder interests, and foster a culture of transparency and accountability. As AI technologies evolve further, their ability to transform corporate fraud detection and prevention becomes more imperative to contemporary governance models.
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67. The Role of Corporate Laws in Regulating Digital Platforms for Companies
By- Ms. Garima Mohan Prasad (Assistant Professor of Law) & Prateek Jain (LLM Student), IILM University, Greater Noida
•Abstract
This paper inspects how corporate legislations are adapting to govern digital platforms, which are becoming more important in law and economics. It explores how legal systems across different countries tackle challenges like governance challenges, privacy of data, unfair competition, and rules to which technology companies must comply. Using case studies and statutory developments from India, the U.S., and the European Union, this paper identifies key legal instruments and judicial trends shaping the digital economy. It further analyzes the gaps in corporate law regimes that digital platforms often exploit, such as algorithmic opacity and cross-border data operations. The study concludes that while traditional corporate laws offer foundational governance, there is a growing need for more nuanced legal frameworks tailored to the digital context. Policy-makers must equally balance innovation with accountability in a bid to have corporate arrangements evolve in tandem with technology. The paper is advocating for a coordinated, cross-jurisdictional legal response, fostering fair digital market practice and robust regulatory intervention.
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68.BAIL AMOUNT AND ITS IMPACT ON PRESUMPTION OF INNOCENCE
By- Dhawal Srivastava (Assistant Professor of Law) & Aprajita (LL.M Candidate), School of Law, IILM University, Greater Noida
•Abstract
The nuisance of high bail amounts, particularly for individuals who don’t have enough money, effectively results in their continued confinement before their trial. This creates a situation where individuals who may be innocent are being punished or feeling adverse significances purely due to their economic conditions specifically in era of jurisprudence where it was been time and again argued that the Courts cannot act as recovery agents. This can, up to some extent, undermine the presumption of innocence by placing a significant burden on accused to plead guilty, in order to secure their release or reduce their time spent in pretrial confinement, theoretically leading to unlawful convictions. In report titled “Processual Justice to the people” by the experts on Legal Aid and headed by Justice Krishna Iyer, it was observed that the bail system causes discrimination against the poor since the poor would not be able to furnish bail on account of their financial inability while the wealthier persons, would be able to secure their freedom because they can afford to furnish bail. It excessively impacts downgraded communities, as individuals from low income backgrounds often face complications in affording bail and safeguarding release, while those with superior monetary possessions can secure their freedom more effortlessly. This unfairly intensifies inequalities in the criminal justice system, where access to wealth stimuli the conduct and conclusions of individuals accused of crimes.
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69. TITLE: ALTERNATIVE DISPUTE RESOLUTION AND THE EFFECT OF THE MEDIATION ACT OF INDIA
By- Rachit Sharma (Assistant Professor of Law) & Vishal Jindal (LLM Student ), IILM University, Greater Noida
•Abstract
Alternative Dispute Resolution (ADR) has emerged as an important mechanism in India to reduce the mounting burden on courts. With the enactment of the Mediation Act, 2023, the Indian legal landscape has undergone a major shift toward instutionalised mediation as a formal process. This paper reflect on the evolution of ADR in India with a specific focus on mediation, critically examines the salient features of the Mediation Act and evaluates its expected impact on the ecosystem. The research also investigates comparative international practices and provides policy recommendations to strengthen ADR mechanism in India. Through doctrinal analysis, policy review and case law interpretation, this paper aims to contribute to the scholarly discourse on enhancing dispute resolution frameworks in India.
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70. PARTY AUTONOMY IN INTERNATIONAL COMMERCIAL ARBITRATION: A DOUBLE-EDGED SWORD
By- Rachit Sharma (Assistant Professor of Law) & Syed Romana Shafaq (LLM Student ), IILM University, Greater Noida
•Abstract
International commercial arbitration is built on party autonomy – the principle that parties may freely design their dispute-resolution process. As Redfern and Hunter aptly describe, “party autonomy is the guiding principle in determining the procedure to be followed in an international commercial arbitration”. This freedom is codified in major legal instruments: e.g. the UNCITRAL Model Law provides that “the parties are free to determine the number of arbitrators” and “to agree on a procedure of appointing the arbitrator or arbitrators”; similarly, Article 19(1) confirms that “the parties are free to agree on the procedure to be followed by the arbitral tribunal”. International treaties likewise uphold autonomy: the 1958 New York Convention enables even two nationals of one State to choose a foreign seat and have the award enforced as a foreign award. National laws mirror these norms. For example, India’s Arbitration and Conciliation Act (1996) – modelled on the Model Law – allows parties to frame their own arbitral process. Section 19(2) of the Act states that “subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal”.
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71. Digital Misconduct and Legal Liability: Emerging Compliance Norms
By- Bhavana Dhoundiyal, (Assistant Professor of Law) & Sudhanshi Mehrotra, LLM Student, IILM University, Greater Noida
•Abstract
The digital age, marked by unprecedented connectivity and data exchange, has transformed global communication, commerce, and everyday life. While these advancements have brought significant benefits, they also give rise to significant concerns about data privacy and cyber-security. The widespread collection and processing of personal information has made individual, businesses, governments more vulnerable to cyber threats. At the same time, the right to privacy remains as a fundamental human right under international law. This growing tension between ensuring cyber-security and upholding privacy rights created a significant legal and ethical dilemma. This Article explores the legal and ethical dimensions of these two critical areas and aims to examine the current landscape of cyber- security and privacy laws and the urgent need for policymakers, individuals and organizations to develop forward- looking policies that can address cyber risks while preserving the privacy and autonomy of individuals in a rapidly digitizing world. A nuanced understanding of these issues is essential for crafting regulatory framework addressing cyber risks while preserving the privacy and autonomy of individuals in a rapidly digitizing world.
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72. THE GLOBAL IMPACT OF COVID-19 ON THE ADOPTION OF ONLINE DISPUTE RESOLUTION PLATFORMS
By- Rachit Sharma (Assistant Professor of Law) & Syed Romana Shafaq (LLM Student ), IILM University, Greater Noida
•Abstract
“The COVID-19 pandemic forced a sudden shift to remote justice worldwide, dramatically accelerating the adoption of Online Dispute Resolution (ODR) platforms across courts, arbitration centres, and mediation services. Before COVID19, ODR was a niche feature used mainly for e-commerce consumer claims and small-value disputes but the pandemic prompted to surge into mainstream use. Courts that had been closed by lockdowns rapidly implemented efiling, virtual hearings, and online mediation to prevent systemic collapse. Indeed, studies found that arbitration and mediation institutions rapidly and successfully transitioned to an online environment, and parties reported high satisfaction with remote processes. This paper presents a comprehensive review of this transformation. We first define ODR and describe its pre-pandemic status. Then we survey the global trends – by region – in how COVID19 spurred the creation and expansion of ODR systems. Illustrative case studies (e.g. India’s eLok Adalat’s, Hong Kong’s eBRAM Scheme) highlight successful pivots to digital platforms. We discuss persistent challenges (digital divides, procedural fairness, trust and privacy concerns) and legislative responses. Finally, we assess whether the shift is permanent, drawing on expert analyses that suggest video hearings and online mediation may become the norm post-pandemic. The paper concludes that COVID19 was a watershed for justice systems: by embedding technology out of necessity, many jurisdictions have initiated a permanent sea-change toward digital dispute resolution”.
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73. AI AND LEGAL LIABILITY: WHO IS RESPONSIBLE FOR AI GENERATED CRIMES
By- Priyanka Gupta (Assistant Professor of Law) & Divyanshi Srivastava (LLM Student), IILM University, Greater Noida
•Abstract
As AI technology advances at a rapid pace in India, its involvement in criminal activities has emerged as a pressing concern within the legal landscape. The intersection of AI and crime has given rise to a new breed of criminals who exploit AI algorithms to carry out sophisticated cybercrimes, hackings, and other illicit activities. One of the most significant challenges faced by the legal system is the detection and attribution of AI-driven crimes (Margetts, Citation2022). Criminals employ anonymizing technologies and AI-based evasion techniques, making it challenging for law enforcement agencies to trace the origins of the attacks or identify the responsible individuals. The legal ambiguity surrounding AI’s involvement in criminal activities further complicates matters, as the question of liability and accountability becomes increasingly complex when dealing with autonomous and seemingly self-directed AI algorithms.
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74. Assessing the Current Realities of Undertrial Prisoners in India: Gaps in Justice and Policy Implementation
By- Daksh Yadav, LLM Student, IILM University, Greater Noida
•Abstract
This research paper delves into the multifaceted and systemic challenges surrounding the issue of undertrial prisoners in india—a population that continues to grow despite constitutional protections and numerous legal safeguards. Undertrials, defined as individuals incarcerated without a concluded trial, form a significant proportion of india's prison population. This paper investigates the underlying causes contributing to their prolonged detention, including judicial backlog, inadequate legal representation, socio-economic vulnerabilities, procedural delays, and systemic inefficiencies within the criminal justice framework. Drawing from national sources such as the national crime records bureau (ncrb) and national human rights commission (nhrc), alongside international standards including the united nations standard minimum rules for the treatment of prisoners (nelson mandela rules), the study provides an evidence-based analysis of how these factors disproportionately affect marginalized communities—particularly the poor, dalits, muslims, and tribals—who are often denied timely access to bail or legal redress.
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75. CRITICAL ANALYSIS ON THE RIGHTS OF THE REFUGEES
By- Naveen N, LLM Student, Amity University, Noida
•Abstract
The question of refugees has arisen as a major issue within the framework of modern international law and human rights discourse, not least but by no means exclusively because it relates to mass outflows from conflict and persecution, emerging environmental crises. A close reading such as this paper of refugee rights, including specific provision detailed in the 1951 Refugee Convention and its 1967 Protocol, along with numerous regional frameworks is very critical. The section then assesses how well these frameworks satisfy the protection concerns of refugees with regard to constraints imposed by state sovereignty, national security and political interests. The analysis further examines the roles of international organizations, such as the United Nations High Commissioner for Refugees (UNHCR), in protecting these rights and whether host states meet their international law duties. Although the legal instruments lay the groundwork for refugee protection, substantial loopholes have endured in providing refugees with fair and humanitarian treatment. Prominent issues covered are the frequently restrictive public policy of granting asylum, expanded politicization in detention and obstacles to durable solutions — namely integration or resettlement. The paper also critically analyses the exclusion of refugees into host societies and how this intersects with the status of refugee rights in relation to larger human rights issues, such as access to healthcare, education, economic inclusion.
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76. INFRINGEMENT AND PASSING OFF ACTION IN TRADEMARK
By- Mr. Amandeep (Assistant Professor of Law) & Vineeta Sharma (LLM Student), IILM University, Greater Noida
•Abstract
Intellectual Property Rights is the branch of law which protects the rights of creators, owners and inventors of literary work, music, inventions, trademarks, copyrights etc. It shields the exclusive rights of a person claiming the true and first owner of such work. This legislation plays a vital role to preserve the authenticity of every work. It basically covers patents, trademarks, copyrights, geographical indications, integrated circuits, biological diversity and so on. IPR has gained popularity in Indian economy. This paper discusses about the law of passing off and trademark infringement in India. Trademarks are always considered a significant factor that constitutes Indian economy. Indian judiciary has delivered various landmark judgments which provided fairness to businesses as trademarks protects symbol, design, phrase or word used to distinguish different products or services. So, this paper takes into consideration all the relevant concepts related to passing off and infringement of trademarks.
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77. AN OVERVIEW OF MONEY LAUNDERING LAW IN INDIA: A COMPARISON BETWEEN INDIA AND CANADA
By- Vijay Chandran R, LLM Student, Amity University, Noida
•Abstract
Money laundering poses a significant threat to the integrity of global financial systems by facilitating the concealment of illicit wealth and promoting transnational crime. This paper offers a comprehensive overview of the anti-money laundering (AML) framework in India, with a comparative analysis of the Canadian legal system. The primary objective is to assess the effectiveness of the legislative, regulatory, and institutional mechanisms in both jurisdictions in combating money laundering. In India, the Prevention of Money Laundering Act, 2002 (PMLA) serves as the cornerstone of the AML regime, empowering agencies such as the Enforcement Directorate (ED) and mandating compliance from financial institutions. Conversely, Canada enforces its AML obligations through the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), overseen by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). This comparative study evaluates the scope, enforcement mechanisms, compliance obligations, and international cooperation frameworks in both countries. It reveals that while both nations are committed to global AML standards set by the Financial Action Task Force (FATF), Canada’s regime is generally considered more robust in terms of oversight, transparency, and institutional independence. Meanwhile, India faces challenges such as procedural delays, concerns about overdue processes, and allegations of selective enforcement. The paper also explores recent legal developments, such as judicial interpretations and amendments, which have significantly shaped the operational landscape of AML efforts in both jurisdictions. The study concludes by identifying best practices and policy recommendations to enhance the efficacy of India’s AML framework, emphasizing the need for stronger regulatory oversight, capacity building, and international collaboration. By drawing lessons from Canada’s approach, India can fortify its legal and institutional defenses against the complex and evolving threat of money laundering.
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78. JURISDICTION IN THE DARK: LEGAL BOUNDARIES ON THE DEEP WEB
By- Mudita Singh (LLM Student) & Prof. (Dr.) Meenu Gupta, Amity University, Noida
•Abstract
The emergence of the dark web has revolutionized the digital underground, offering a haven for both privacy-conscious individuals and transnational criminals. While the dark web itself is not inherently illegal, its use for criminal activities such as drug trafficking, weapons sales, human exploitation, and illicit financial transactions has raised significant challenges for national and international legal systems. This paper critically examines the legal frameworks governing the dark web, with a primary focus on India while drawing comparative insights from jurisdictions such as the United States, the United Kingdom, and the European Union. India's existing legal mechanisms—including the Information Technology Act, 2000, the Indian Penal Code, the Narcotic Drugs and Psychotropic Substances Act, and the Prevention of Money Laundering Act, form the legislative bedrock for addressing dark web-related crimes. However, these laws were not designed with the complex, decentralized, and encrypted nature of the dark web in mind, leading to substantial enforcement limitations. The paper analyzes these gaps and highlights the operational and jurisdictional hurdles faced by Indian law enforcement, particularly in the absence of specific cryptocurrency regulations and limited cyber forensic expertise. The study also explores how international frameworks, particularly the Budapest Convention on Cybercrime and cross-border cooperation initiatives led by agencies like Europol and the FBI, have proven instrumental in disrupting dark web markets. The lack of India’s participation in such frameworks restricts its ability to engage in global cybercrime investigations. By situating India's legal efforts within a broader global context, this paper argues for an adaptive and cooperative legal strategy. Legal reform, international treaties, forensic investment, and crypto-regulation are essential components of a more robust legal response. The fight against dark web crime, therefore, is not just a national issue but a global imperative that requires synchronized legal evolution and enforcement.
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79. Post-Pandemic Recovery and the Resilience of Global Trade Networks: A Legal Perspective
By- Vaibhav Singh (LLM Student) & Dr. Deepika Prakash (Assistant Professor of Law), Amity University, Noida
•Abstract
This paper explores the effectiveness and adaptability of the international trade law framework—particularly the World Trade Organization (WTO) legal regime—in responding to the unprecedented disruptions caused by the COVID-19 pandemic. The pandemic highlighted significant vulnerabilities in global trade networks, especially in the equitable distribution of essential goods such as vaccines, medical supplies, and personal protective equipment. Against this backdrop, the paper assesses how the WTO’s legal structure, which includes core agreements such as GATT, GATS, and TRIPS, has functioned during the crisis. The study places special emphasis on the flexibilities inherent in WTO law, especially those within the TRIPS Agreement, which were tested during efforts to facilitate access to life-saving medicines and technologies. It examines the legal and political debates surrounding the TRIPS waiver proposal, which sought temporary suspension of intellectual property protections to enable broader production and distribution of COVID-19-related health products. By analyzing member state positions, negotiation dynamics, and outcomes at the WTO, the paper underscores the persistent tensions between intellectual property rights and the global public health interest. Moreover, the paper evaluates how trade-restrictive measures taken during the pandemic.
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Indirect taxes are the taxes levied on goods and services on the basis of production, sale or purchase of goods or provision of services, in the form of import and export duty, excise, sales tax, Value Added Tax (VAT), service tax, entertainment tax, electricity duty, tax on passenger fares and freights etc. They are called indirect taxes as the burden on tax is passed on to the consumer unlike direct taxes which are supposed to be borne by the persons on whom these taxes are levied. Broadly, the existing indirect tax regime can be looked at from the point of view of Central and State laws. For the Central Government, Central Excise, Customs and Service tax were the three main components of indirect taxes. Similarly, for the State Governments, Value Added Tax and Central Sales Tax were major taxes along with Octroi , Entertainment Tax etc. The taxation reforms in India go back right from liberalization and globalization in the early 1990s to the recent Goods and Services Tax (GST). Goods and Services Tax is one of the most comprehensive single tax reforms of independent India. GST is a comprehensive indirect tax levied on goods as well as services at the national level. It consolidated multiple indirect tax levies into a single tax thus subsuming an array of tax levies. However, Basic Customs Duty continues to be levied on imports.
81. Crypto currency Regulation:Legal Challenges and Opportunities
By- Arushree Singh, LLM Student, IILM University, Greater Noida
•Abstract
Cryptocurrencies, underpinned by blockchain technology, have emerged as powerful instruments disrupting traditional financial paradigms. Their decentralized and pseudonymous nature promotes transparency and removes intermediaries. However,such features also present significant legal and policy challenges. Regulatory uncertainty, cross-border enforcement issues, and the misuse of crypto-assets for illicit purposes remain persistent obstacles. This paper aims to analyze the intersection of law and technology with respect to cryptocurrencies, examining both opportunities and legal hurdles. It advocates for a globally harmonized and innovation-friendly legal framework that can ensure financial stability, investor protection, and responsible digital finance development.
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82.Comparative Analysis of Legal Systems: The Treatment of Persons with Disabilities in Criminal Justice Systems Across Different Jurisdictions
By - Arpit & Ajay Kumar, UG Law Students, UILS, Chandigarh University
•Abstract
This paper explores the treatment of persons with disabilities (PwDs) within criminal justice systems across various jurisdictions, including national and international perspectives. It begins by examining the conceptual evolution of disability, transitioning from a medical model to a rights-based and social model as enshrined in contemporary legal instruments like the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The paper then delves into the judicial interpretation of disability rights in India, specifically referencing case law that highlights the challenges and progress made by the judiciary in ensuring accessibility and fairness. A detailed review of the legal frameworks and ground realities in the Indian states of Haryana and Punjab is provided, assessing the strengths and gaps in implementation. In the comparative section, the study analyzes legal provisions and institutional mechanisms in the United States, United Kingdom, Canada, and Australia, identifying models of best practice that could inform legal reforms in India and similar jurisdictions. Furthermore, the role of technology and artificial intelligence (AI) in enhancing access to justice for PwDs is critically examined, including both current applications and future potential. AI-driven tools such as assistive technologies, virtual courts, and legal chatbots, are evaluated for their capacity to reduce barriers.
83. Geo engineering and the Indian Constitution: Examining Article 21, Environmental Risk, and the State’s Regulatory Responsibility
By- Rohit Kumar Singh, BALLB, LLM, NET/JRF
•Abstract
Geoengineering, which refers to the deliberate and large-scale modifications of the Earth’s climate, is an increasingly discussed concept, bearing controversy, as a possible answer to the worsening climate crisis. Even though science recognizes the potential of such interventions for alleviating global warming, the application of these technologies poses grave legal and ethical dilemmas, especially in India, where constitutional rights to the environment are rigorously safeguarded. This article examines the relationship between geoengineering law and the Indian Constitution, especially Article 21 which provides the right to life and has been interpreted judicially to include the right to a clean and healthy environment. The paper contends that while there is a plethora of robust environmental laws in India, they strikingly lack specific regulations to govern the implementation of high-risk climate engineering policy solutions like solar radiation management and carbon dioxide removal. Drawing on judicial precedents and constitutional principles including the precautionary principle, intergenerational equity, and democratic accountability, the article proposes a framework for anticipatory legal regulation.
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