Journal Title: National Journal for Legal Research and Innovative Ideas
ISSN(O):2582-8665
Frequency : Quarterly
Volume : 6
Issue : 2
Period : Jan- March 2026
1. RETHINKING THE INDIAN PATENT REGIME IN THE AGE OF ARTIFICIAL INTELLIGENCE: INVENTORSHIP, ALGORITHMS, AND REGULATORY REFORMS
By- Dr. Gaurav, (Assistant Professor of Law) & Waseem Khaliq (Research Scholar), Department of Law, Aligarh Muslim University, Aligarh
•Abstract
With the enormous increase in Generative AI systems, the world has witnessed a remarkable shift from human-centred development to AI-flooded technological advancement. Innovators are investing a huge amount in R&D to produce AI-generated inventions, to incentivize their intellectual acumen and secure exclusive IP rights over the outputs. Artificial intelligence (AI) has a direct bearing on reshaping contemporary innovation. As AI can be used to create unlimited works with intellectual tendencies, it becomes very unclear as to who owns the works created by using AI. Thus posing significant challenges to the traditional patent regime, which is grounded on assumptions of human inventorship and creative agency. In India, the Patents Act, 1970, operates within a human-centric framework and fails to protect the inventions created by autonomous AI systems. This gap has created uncertainty regarding inventorship, ownership, patent eligibility, and disclosure.
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2. TOWARDS A UNIFORM SENTENCING FRAMEWORK IN INDIA
By- Shamila Ali, LLM Candidate, Criminal Law, Bharat Mata School of Legal Studies.
•Abstract
Sentencing is one of the critical functions of the criminal justice system and is based on the adjudication of the judiciary. In India, sentencing is not governed by a single or uniform law, but is exercised by the judiciary within the limits prescribed by the substantive criminal laws. The delivery of punishments to the accused directly impacts the fairness, reasonableness, proportionality and the entire justice. However, the lack of uniformity in sentencing procedures often results in inconsistency, the risk of arbitrariness, sentencing disparity, and the unpredictability of punishment for similar offences, even when the facts of the cases are different. Such disparity in the outcome of justice demand need for a uniform sentencing guideline. This study examines the need for a structured sentencing guideline in India for enhancing consistency, predictability, reducing arbitrariness and strengthening the criminal justice system.
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3. DEMERGER STRATEGY IN INDIA – GROWTH AND CHALLENGES
By- Gayatri Saha & Deeksha Pareek, UG Law Students, UPES, Dehradun
•Abstract
Demerger is a legal process through which a large company or conglomerate splits its various divisions or brands into separate, independent companies. Though the process is usually complex, demerger can have a significant impact on the total financial position and return of the company for its shareholders. This study looks at the impact of demerger on the financial performance of Indian companies, based on RONW, ROI, and EPS. A paired t-test was conducted using data from specific firms that underwent demerger in 2018-19 to compare the pre-demerger and post-demerger financial performance. In the study, although some improvement in ROI, EPS, and RONW was noted for some firms, such changes had no statistical significance. That means that demerger does not always lead to significant improvement in the financial performance, and perhaps external factors are far more relevant in these outcomes. The study concludes by highlighting the need for further studies to understand factors affecting post-merger performance and the broader impact of corporate restructuring.
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4. OLD LAW IN A NEW GUISE: A CRITICAL ANALYSIS OF SECTION 152 OF BNS AS A REBRANDING OF SEDITION
By- Jasleen Kaur Chahal, UG Law Student, CGC University, Mohali, Punjab
•Abstract
Sedition laws date back to colonial times. The Indian legislature passed the Bharatiya Nyaya Sanhita, 2023, in order to decolonize several similar legislation. The previous sedition statute was repealed under section 152 of the act. In order to determine whether or not the reform has been implemented, this study objectively examines the historical development of section 124A of the IPC and compares the two sections. The study argues by examining the transition from the "government established by law" to the abstract notion of "India" that when the terms of the legislation are unclear and open to multiple interpretations, changing the provision's title does not result in meaningful reform. The ambiguous terms not only retain the repressive nature of its predecessor but expand its scope by posing a serious threat to the fundamental right to “free speech and expression”. This paper argues that a substantial "chilling effect" on free speech is sustained by BNS section 152.
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5. SAFETY AND EDUCATIONAL CONTINUITY FOR JUVENILES IN INSTITUTIONAL CARE
A STUDY OF JUVENILE HOMES UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
By- Damini M, Assistant Professor of Law, Soundarya College of Law
•Abstract
Children in conflict with law requires a higher level of care, protection and specialized attention compared to other children. Under Juvenile Justice (Care and Protection of Children) Act 2015 the government of India has established special homes called the juvenile home to ensure their education, safety, rehabilitation and social reintegration. Types of juvenile homes include observation homes, special homes, children’s homes and places of safety. There are many initiatives taken by the government, such as Mission Vatsalya and various welfare initiatives. Despite these schemes, the concern remains about the quality of care, health support, mental health support, educational facilities, trained manpower, hygiene standards and the fund utilizations with this juvenile home. International standards by UN bodies emphasized restorative justice and reintegration, yet India still faces many issues to meeting those benchmarks. Therefore, it is crucial to ascertain whether the current system effectively safe guards the rights, development and future of children living in juvenile homes. And to identify certain measures to strengthen their education, mental health and holistic reintegration.
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6.COMMERCIAL QUANTITY WITHOUT COMMERCIAL INTENT: DECONSTRUCTING THE NDPS ACT`S QUANTITY-BASED CRIMINALITY
By- Kunal J. Umale & Sana Janbandhu, UG Law Students, Maharastra National Law University, Nagpur
•Abstract
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) adopts a quantity-based framework to distinguish between minor possession and serious drug offences, classifying substances into small, intermediate, and commercial quantities. While this classification aims to target large-scale drug trafficking, it operates on the presumption that possession of a “commercial quantity” necessarily implies commercial intent. This paper critically examines the validity of this presumption and interrogates whether the NDPS Act`s reliance on quantity as a determinative factor for criminal culpability results in disproportionate punishment and erosion of fundamental criminal law principles.
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7.INDIA’S STAND ON THE EMPOWERMENT OF SPECIALLY-ABLED
By- Shireen Khan & Nandni Keswani, UG Law Students, Kanoria School of Law for Women, Jaipur
•Abstract
Disability rights are an essential part of human rights grounded in inclusivity, accessibility and empowerment. The essay deals with India’s evolving journey in recognising PwDs by moving beyond sympathy to equality. Highlighting laws and initiatives taken by global institutions and critically examines India’s role in global commitments, framing domestic legislations, schemes, policies aligned with international law along with, judiciary’s role as guardian of disability laws. Furthermore, analysis the challenges that still prevail and suggest some steps that can be taken to overcome these challenges. This essay appeals the readers to come together and collectively take steps in embracing PwDs, fostering a society where no one is left behind.
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8. The Evolving Nature of Cybercrime: From Phishing to AI-Powered Attacks
By- Disha Kadmawala, UG Law Student, Narsee Monjee Institute of Management Studies.
•Abstract
Cybercrime involves using a computer as an instrument for furthering some illegal activities, such as committing fraud, intellectual property theft, identity theft, or the violation of privacy. One vital aspect of cybercrime is that it possesses a nonlocal character; that is, its actions can take place in jurisdictions separated by vast distances. The multitude of problems springing from this arise since what would previously have been regarded as local or even national crimes now requires international cooperation. Cybercrime has evolved from isolated incidents in the rapidly advancing digital age to a sophisticated global phenomenon; Artificial Intelligence (AI) having emerged as a powerful enabler for malicious actors has taken cyberattacks to unforeseen levels of scale, precision, and impact. These developments pose unprecedented challenges for individuals, organizations, and governments alike, as traditional security measures are no longer capable of keeping up with AI-powered threats.
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9. IPR and Competition Law Interface: Balancing Innovation and Market Freedom
By- Manan Jhamb, 4th Year, B.B.A. LL.B Student, University Institute Of Legal Studies, Chandigarh University
•Abstract
The Co-existence between the Intellectual Property Rights (IPR) alongside Competition Law forms one of the most intricate intersections in the contemporary legal discourse. While at one aspect IPR provides as well as promotes creators with the exclusive control over their innovation to stimulate creativity and technological progress, Competition Law ensures that such exclusivity does not suppress market competition or even harm consumer welfare. Thus, this paper thoroughly explores the dynamics between the interface of these two regimes through the lens of complete comparative+doctrinal aspect by considering U.S. and EU along with India. It examines the statutory framework including the Sherman Antitrust Act, the Treaty on the Functioning of the European Union (Articles 101 and 102), and India’s Competition Act, 2002 that too with key judicial developments that define the scope of permissible monopoly power. Special antention is also devoted to India;s evolving jurisprudence in which cases like Micromax v. Ericsson and Telefonaktiebolaget LM Ericsson v. CCI illustrate the balance between innovation incentives and market fairness. The study concludes that sustainable innovation depends on maintaining a delicate equilibrium between exclusive rights and competitive markets, requiring enhanced institutional coordination between the Competition Commission of India and IP authorities. This altogether harmonizes innovation plus consumer welfare by granting full access thus it bonds well with each-other and remains the cornerstone of a modern yet progressive economy.To have the access to full paper -CLICK HERE
10. MARRIAGE, CONTRACT, AND CONSENT: REASSESSING PRENUPTIAL AGREEMENTS UNDER INDIAN LAW
By- Vishnu Yadav, Ph.D. Scholar, Maharashtra National Law University, Nagpur
•Abstract
There has always been a strong association between marriage in India, and something sacred and indissoluble, based in religious and cultural ideals rather than primarily a contractual relationship. However, there are many societal changes creating an awareness of, and more access to, achieving economic independence from each other, as well as the rising number of marital disputes leading to increased debate around the legal validity, enforceability and necessity for prenuptial agreements. This paper aims to review the meaning assigned to prenuptial agreements within the Indian legal system and advocates that they are legitimate expressions of contractual autonomy entered into by two parties intending to create mutually agreed upon binding terms prior to entering a marriage. Through the application of the common law flexible principle of contractual autonomy under s. 10 of the Indian Contract Act 1872, and various decided cases - Tekait Mon Mohini Jemadai v. Basanta Kumar Singh, Hirachand Srinivas Managaonkar v. Sunanda, it is evident from the considerable number of judicially declared decisions wherein it has been established that the various local jurisdictions each have inconsistent views regarding prenuptial agreements; wherein many are based upon morality or public policy grounds.
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11. Code vs. Conscience: Unpacking the Implications of Algorithmic Risk Assessment in Indian Jurisprudence
By- Poorvi S. Shetty & John Caleb, UG Law Students, Christ (Deemed to be University, Bangalore,
•Abstract
This paper examines the potential of introducing algorithmic risk assessment tools into India’s criminal justice system to evaluate recidivism among offenders, with the larger aim of strengthening community safety. As technology becomes increasingly embedded in judicial processes, it raises important questions about the effectiveness, fairness, and implications of supplementing human discretion with algorithmic insights. To address these concerns, the paper begins by tracing the development and significance of judicial discretion in India, particularly in the context of bail, and why it remains a cornerstone of fair decision-making.
The study adopts both doctrinal and empirical methods, highlighting how procedural delays and inefficiencies affect bail hearings for judges as well as litigants. It then turns to risk assessment algorithms, explaining their operation and claimed benefits while critically examining their limitations, especially the risks of encoded biases and lack of transparency. Against this backdrop, the paper evaluates whether such tools could help streamline bail decisions, reduce unnecessary delays, and promote consistency across cases. The discussion also situates the role of AI within broader judicial functions, explores its emerging application in policing and predictive law enforcement, and considers how these developments intersect with ongoing reforms such as e-Courts and the Digital India initiative.
The key objective is to explore whether there exists a “sweet spot” where technology and human judgment can complement one another. Rather than framing the debate as man versus machine, the paper argues for a collaborative model—one that combines the insights of smart algorithms with the wisdom and experience of judges to advance both efficiency and fairness. By contextualizing AI’s role across the judicial, policing, and bail systems while also comparing India’s digitization efforts with global trends, this paper seeks to contribute to the ongoing dialogue on how AI can responsibly strengthen the justice system in a digital era.
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12. GST Enforcement and Penalty Provisions: Implications for MSMEs in India.
By- Rajdeep De, LLM – (Tax Law). Amity University, Noida
•Abstract
The introduction of the Goods and Services Tax (GST) is a significant reform of the indirect taxation system of India. The primary aim is to establish a unified and transparent tax structure. Despite the formalization of the economy with the introduction of the GST, the effectiveness of the enforcement mechanisms and the imposition of penalty provisions have been a matter of concern, particularly with respect to the Micro, Small, and Medium Enterprises (MSMEs). MSMEs play a significant role in the Indian economy. They make a substantial contribution to the growth of the Indian economy. They play a vital role in generating jobs, contributing to industrial growth, and the overall growth of the Indian economy. However, the stringent enforcement powers under the GST Act, which include search, seizure, inspection, penalty, and arrest, have often created problems of compliance with the law for small businesses that may not have the financial and technical expertise to comply with the law.
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13. ROLE OF FORENSIC SCIENCE UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
By- Mahika Singh & Aarchi Aggarwal, UG Law Students, Symbiosis Law School, Pune
•Abstract
The criminal justice system in India was historically based on confessions, witness testimony, and circumstantial evidence and the Code of Criminal Procedure, 1973 considered forensic science to be a supplemental consideration as opposed to being a primary consideration. This model, which was prevalent during this colonial period, was confession-based with a bulk of the evidentiary weight laid on the statements of suspects who were usually under the pressure of custodial interrogation.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 has been a changing point. Section 176(3) 1 requires investigation officers to make sure that in cases where the crime charged seven years or above, a forensic expert is in the crime scene and acquires the evidence electronically using audio-video recordings. This need shifts the investigations out of subjective confession and accounts to objective scientific evidence and harmonizes the Indian process to the best practices worldwide.
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14. Employer Compliance under the Industrial Relations Code, 2020: A Critical Analysis
By - Shashwat Shivam, Dhruv Daruka & Aarchi Aggarwal, UG Law Students, Symbiosis Law School, Pune
•Abstract
The Industrial Relations Code, 2020 is the most significant change in the labour legislation of India as it brings together some of the most important legislative enactments for regulating trade unions, industrial disputes, and employment relations in a single document. In this paper, the author intends to examine what obligations exist in terms of compliance by an employer in the Code and the institutional framework, procedural requirements, and legislative provisions in the Industrial Relations (Central) Rules, 2020. It is highly critical in assessing the efficacy of these provisions in achieving harmony in industry relations and in achieving a balance between the freedom of an employer and the security of workers. The paper also contributes to existing knowledge by highlighting some of the problems in implementation as well as the implications of these provisions in achieving widespread implementation of these reforms in an ever-evolving labor scenario.
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15. AI Surveillance and National Security, Constitutional Concerns and Regulatory Gaps in India.
By- Shishir Kant Singh, LLM (Cyber Law & Cyber Security, Amity University Noida
•Abstract
The accelerated incorporation of Artificial Intelligence (AI) in surveillance activities has greatly impacted the dynamics of National Security in India. AI surveillance, including facial recognition systems, predictive policing, biometric identification through Aadhaar, and AI- based data analytics, has become integral to the functioning of the State in India. Although AI surveillance can provide greater efficiency and predictive capabilities in securing the nation, there are significant constitutional implications in terms of the Right to Privacy, Due Process, and Freedom of Expression. This paper aims to critically analyze the constitutional implications of AI surveillance in India from the perspective of the fundamental rights provided under the Constitution of India. It will focus on the concept of proportionality under constitutional law, as enunciated by the Supreme Court in K.S. Puttaswamy v. Union of India, and analyze whether the current surveillance activities in India comply with the principles of legality, necessity, and procedural fairness. From the analysis, it can be concluded that the current legal framework in India, including the Information Technology Act, 2000, and Digital Personal Data Protection Act, 2023, is fragmented in dealing with AI surveillance. This lack of a comprehensive legal framework, combined with excessive executive powers and insufficient checks and balances, poses a high risk of mass surveillance, misuse of personal data, and biases in algorithms. Moreover, the lack of transparency and accountability in AI systems is detrimental to democratic values and may result in a chilling effect on civil liberties. This paper, through comparative international laws and practices from jurisdictions such as the European Union and the United States, emphasizes the need for a robust and rights-based legal framework in India in dealing with AI surveillance. It is submitted that in the absence of legal safeguards and checks and balances, AI surveillance may compromise constitutional rights and change the power dynamic between the State and its citizens.
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16. Tiger Global Tax Ruling- A Case Study of Cross-border Taxation and the Indian Supreme Court's Interpretation of Indirect Transfer Under Domestic Law
By-Simon Firdous, LLM Candidate, Amity University, Noida
• Abstract
The Tiger Global tax dispute in India serves as a vital advancement for the country's international taxation system because it defines new boundaries for indirect transfer regulations and treaty misuse controls. The case demonstrates how people use offshore investment structures that operate through Mauritius and Luxembourg to receive tax advantages from the India-Mauritius Double Taxation Avoidance Agreement (DTAA). The research examines how Section 9(1)(i) of the Income-tax Act 1961 and the Finance Act 2012 and General Anti-Avoidance Rules (GAAR) function together to prevent treaty shopping and artificial arrangements. The study analyzes judicial interpretations through the Authority for Advance Rulings and the Delhi High Court and the Supreme Court to show how taxation changed from using form-based methods to using substance-based methods. The case study examines OECD BEPS initiatives through its alignment with Action 6 which aims to stop treaty abuse. The court decision enables India to enforce its taxation rights over international capital gains while demonstrating the significance of economic substance for international tax regulations.
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