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Beyond Borders: A Doctrinal And Comparative Analysis Of Extraterritorial Abetment Under The Bharatiya Nyaya Sanhita, 2023
Anirudh Vasudevan, Jindal Global Law School ABSTRACT This paper discusses the conceptual and constitutional evolution brought by Section 48 of the Bharatiya Nyaya Sanhita (2023), which re-codifies the doctrine of extraterritorial abetment in India for the first time. Beyond the territorial frameworks of the Indian Penal Code (1860), it interrogates how culpability and causation may go beyond geography in an age of digital and transnational crimes era with regard to BNS,2023.
IJLLR Journal
Jan 281 min read
Public Interest Litigation And The Right To Education In India: Addressing Gaps In Quality And Access
Akanksha Priya, Symbiosis Law School Hyderabad ABSTRACT In India, Public Interest Litigation (PIL) has served as an important tool in operationalizing the right to Education (RTE), which has upgraded it from a constitutional promise to a more meaningful reality for underprivileged children. This article explores how PIL has broadened the concept of locus standi, allowing activists and civil society to look for remedies for underprivileged groups, thereby increasing access to
IJLLR Journal
Jan 281 min read
Dark Patterns As Unfair Trade Practices: Can Section 2(47) CPA 2019 Capture Manipulative Digital Designs?
Shadab Siddique, National University of Study and Research in Law, Ranchi. ABSTRACT One of the major threats to consumer autonomy in India's fast digital economy could be dark patterns i.e. manipulative user interface designs that exploit cognitive biases in such a way that consumers are completely tricked into doing the actions they do not want. This article examines if section 2(47) of the Consumer Protection Act, 2019 is defining "unfair trade practice" so narrowly as to e
IJLLR Journal
Jan 282 min read
A Critical Study On The Role Of Panchayat Raj Institutions And Political Women Empowerment
Rajiv Shankhu, Research Scholar, PG Department of Studies in Law, Karnatak University, Dharwad. Karnataka State, India. Dr. Shivakumar M.A., Assistant Professor, PG Department of Studies in Law, Karnatak University, Dharwad. Karnataka State, India. ABSTRACT This paper critically examines the role of Panchayat Raj Institutions (PRIs) in facilitating political empowerment among women in India. Through an extensive review of secondary data, including government reports, scholarl
IJLLR Journal
Jan 281 min read
Smart-Contracts In Earnouts And Escrows: Reimagining M&A Dispute Mechanisms
Vidhi Gupta, LL.M., The London School of Economics and Political Science B.A. LL.B., Guru Gobind Singh Indraprastha University, India. ABSTRACT Earnouts and escrows are central risk-allocation mechanisms in mergers and acquisitions, yet they remain among the most litigated features of transactional practice. Recent advances in blockchain technology have prompted claims that smart contracts can automate these mechanisms, reduce post-closing disputes, and deliver a frictionless
IJLLR Journal
Jan 281 min read
Conceptual And Legal Framework Of Intellectual Property Rights In Marine Resources
Abhishek Johnson, LL.M in Intellectual Property and Trade Law, School of Law, CHRIST (Deemed to be University), Bengaluru Dr. Valarmathi R, Professor, School of Law, CHRIST (Deemed to be University), Bengaluru ABSTRACT Marine Genetic Resources (MGRs) are in a significant yet ambiguous position, positioned between ocean governance, biodiversity law, and Intellectual Property Systems. Advances in Science and Technology enabling marine biotechnological research have allowed us t
IJLLR Journal
Jan 282 min read
Artificial Intelligence And Criminal Justice
Kanika Rathore, Government Law College, Ajmer ABSTRACT Artificial Intelligence (AI) is increasingly shaping the criminal justice system through application such as predictive policing, crime investigation, evidence analysis and judicial decision making. AI tools aim to improve efficiency, accuracy and speed in justice delivery by reducing human error and case pendency. However, the adoption of AI raises critical concern including algorithmic bias, lack of transparency, accoun
IJLLR Journal
Jan 281 min read
Regional Integration In Shaping Customary International Law: A Comparative Study Of ASEAN And European Union
G Uma Maheswari, Assistant Professor, School of Law, VISTAS ABSTRACT In the international arena, state actors play vital role in keeping the world in order. The state actors when they propose things through regional organisation, it will be more powerful and the role played by the regional organisation in maintaining world peace and order is in fact more significant. Being the primary source of international law, the customary international law is primarily developed by the r
IJLLR Journal
Jan 282 min read
The Evolving Concept Of Live-In Relationships In India: Legal Recognition And The Need For Regulation
Avirup Dutta, Research Scholar, Department of Legal Science, Techno India University, West Bengal. Dr. Debashree Chakraborty, Associate Professor, Department of Legal Science, Techno India University, West Bengal. ABSTRACT In modern times India couples frequently live together without making a formal commitment which is indicative of a changed mindset. But in India marriage is a fundamental aspect of family life and is strongly associated with heritage and cultural beliefs. D
IJLLR Journal
Jan 281 min read
Reforms In Punishment: The Addition Of Community Service As A Part Of Punishment
Neha Shrivastava: Assistant Professor, Guru Ramdas Khalsa Institute of Science and Technology ABSTRACT The concept of punishment has evolved significantly over time, reflecting changing social attitudes toward crime, justice, and rehabilitation. Traditional forms of punishment such as imprisonment and fines have often been criticized for their limited effectiveness in reforming offenders and reducing recidivism. In response, many modern legal systems have introduced community
IJLLR Journal
Jan 281 min read
Humanitarian Imperative Or Legal Overreach: The Debate On The United States’ Intervention In The Genocide Crisis In Nigeria
Chukwudumebi O. Joseph-Asoh, LL.B. (Hons) Benin, B.L. Lagos, LL.M (Benin), PhD (Rivers) Senior Lecturer, Benson Idahosa University, Benin City Nkechinyere Worluh-Okolie, LL.B., (Hons) LL.M., (Benin), PhD (Rivers) Senior Lecturer, Benson Idahosa University, Benin City ABSTRACT The debate over the United States’ intervention in the alleged genocide crisis in Nigeria raises critical questions at the intersection of international law, state sovereignty, and humanitarian responsib
IJLLR Journal
Jan 271 min read
Rights Of Nature In India: Between Symbolic Recognition And Structural Failure
Vrinda Kavdia, B.B.A. LL.B. (Hons.), Jindal Global Law School, O.P. Jindal Global University (2022-2027) ABSTRACT In the face of an escalating ecological crisis, Indian courts have transitioned to environmental jurisprudence, reflecting an emerging ecocentric approach that extends legal personhood to rivers, animals, and ecosystems. Drawing on constitutional provisions, comparative models from Ecuador and New Zealand, and scholarly debates on legal standing, this article exam
IJLLR Journal
Jan 271 min read
Inheritance Rights Of A Child Born Out Of Surrogacy
Diya Gera, Manipal Academy of Higher Education, Bangalore ABSTRACT This paper aims to examine the complex issue of inheritance rights of children born through surrogacy arrangements. It explores the gaps in existing personal and succession laws, evaluates the legitimacy and parentage of surrogate-born children, and argues for reforms that align inheritance rights with the legal recognition of intended parents. The study seeks to highlight how current inconsistencies create am
IJLLR Journal
Jan 272 min read
Fintech Disruption And The Right To Life: Ensuring Equality In A Digital Era
Gobinda Naskar, Assistant Professor, Department of Political Science, Sidho-Kanho- Birsha University, West Bengal ABSTRACT The fintech revolution has been key to digital transformation. Innovations like the Unified Payments Interface (UPI), Aadhar-enabled payment systems, and digital lending platforms are changing financial inclusion. While these changes have increased access to financial services for millions, they also bring challenges related to equity, privacy, and the ri
IJLLR Journal
Jan 271 min read
Abrogation Of Article 370 - An Analysis In The Context With Indian Economy
Sakshi, Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith ABSTRACT The year 2019 emerged as a profound spiritual juncture in shaping India's future path. On national and global stages, fresh legislation was enacted, and obsolete laws were dismantled. Key drivers included India's surging economic prowess, elevating it to the second-biggest economy worldwide; a non-aggressive but resolute foreign policy fueling growth; determined steps to resolve seven-decades-old di
IJLLR Journal
Jan 271 min read
Technological Innovations In ADR: Examining India’s Evolving Legal Framework
Vishnu Vardhan. G, SASTRA University ABSTRACT Technology has had a drastic impact on Alternative Dispute Resolution (ADR) throughout the world. At this point in time India is in a pivotal position to take advantage of its digital advancements. This Research Paper will attempt to explore the multi-faceted relationship between ADR and technology as they relate to India, specifically addressing the development of Online Dispute Resolution (ODR), Artificial Intelligence (AI) impl
IJLLR Journal
Jan 272 min read
Minority Of Educational Rights
Farhana Banu. S, The Central Law College, Salem ABSTRACT The Minority educational rights constitutional an essential component of the Indian constitutional framework aimed at protecting cultural diversity and pluralism. While Articles 29 and 30 form the core of minority educational rights, several other constitutional provisions such as Articles 14, 15, 21, 21A, 25, 26, and 46 indirectly support and strengthen these rights. This study analyses the constitutional provisions, j
IJLLR Journal
Jan 271 min read
Economic Dominance In A ‘Global’ World: China’s Belt And Road Initiative
Yashika Saraf, O.P. Jindal Global University ABSTRACT This paper contends that China's Belt and Road Initiative (BRI) challenges the neutrality of the "global" order by using economic tools and international law to convert economic power into structural dominance. As demonstrated by instances like Sri Lanka's Hambantota Port, China legally enforces long- term dependencies through bilateral investment treaties, the pacta sunt servanda principle, and organisations like the Asia
IJLLR Journal
Jan 272 min read
Judicial Populism And The Erosion Of International Law: A Comparative Constitutional Analysis Of Legal And Political Narratives In Humanitarian Interventions
Vishal Vijaya Krishnan. K, LLM, School of Law Christ (Deemed to be) University, Bengaluru ABSTRACT This paper investigates how judicial populism, particularly, is shaped by the Political influence and politicization of the Judicial selection process, with significant impact and dominance by the Executive, subservient to the political whims and fancies of the Populist political regime, and how these influences and politicization corrode international law, with a focus on human
IJLLR Journal
Jan 271 min read
Motor Vehicle Accident Compensation Post- 2019: Legislative Reform, Judicial Response, And The Quest For Just Compensation
Binoy John, Bharata Mata School of Legal Studies, Aluva Linto Thomas, Bharata Mata School of Legal Studies, Aluva Susmitha M, Bharata Mata School of Legal Studies, Aluva ABSTRACT The Motor Vehicles (Amendment) Act, 2019 implemented some of the major changes to the motor accident compensation system of India with the aim of promoting the protection of victims, provision of quick relief, and increase in insurance responsibility. The pivotal features of these reforms include the
IJLLR Journal
Jan 271 min read
Demystifying Clawback Clauses In Private Equity Investments: Balancing Investor Interests And Contractual Fairness
Aashray Raina, Rajiv Gandhi National University of Law, Patiala Introduction: Understanding Private Equity Investment Private Equity ( PE ) investments set off a new trajectory for the portfolio company with the goal to increase capital by investing in emerging or established companies, increasing their valuation, and ultimately turning profits through an exit strategy. PE firms initially performed investing as minority investor, but over time, control-based transactions have
IJLLR Journal
Jan 272 min read
Emergency Arbitration Procedures In International Arbitration: Assessing The Use And Efficiency Of Emergency Arbitration Mechanisms
Advait Talatule, Maharashtra National Law University, Nagpur ABSTRACT Emergency Arbitration Procedures (EAPs) have become an important feature of international commercial arbitration, offering parties swift interim relief in urgent situations before the constitution of the arbitral tribunal. In the context of fast-paced global commerce, traditional court remedies are often inadequate due to delays and jurisdictional complexities. This paper examines the evolution, legal frame
IJLLR Journal
Jan 271 min read
Relevance Of Robust Dispute Resolution System In The Esports Industry: A Study
Ms. Shruti Srivastava, Research Scholar, GD Goenka University ABSTRACT A participant in the Esports industry suffers through the same challenges as a player involved in the traditional sports. There are challenges like mental health issues, doping, player rights and contractual rights. This paper advocates the establishment of a CAS (Centre for Arbitration) like system or any arbitration system which will be instrumental in upholding the rights of participants and upholding t
IJLLR Journal
Jan 271 min read
Independence And Impartiality Of Arbitrators In International Commercial Arbitration
Sachin Kumar Yadav LL.M Dr. Harisingh Gour Central University Sagar M.P Prachi Yadav LL.M Dr. Harisingh Gour Central University Sagar M.P ABSTRACT Independence and impartiality of arbitrators form the cornerstone of international commercial arbitration. The credibility, fairness, and enforceability of arbitral awards depend upon the confidence of parties in the neutrality of the arbitral tribunal. With the expansion of global commerce and increasing reliance on arbitration as
IJLLR Journal
Jan 271 min read
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