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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