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Volume IV, Issue 1
FROM LIKELIHOOD TO LEGAL PROOF: A BAYESIAN SEPARATION PRINCIPLE FOR EXPERT EVIDENCE UNDER INDIAN LAW
October 12, 2026
Abstract
Statistical and scientific evidence increasingly enters Indian adjudication through DNA profiling, electronic records, algorithmic outputs, medical studies, and other quantitative methods. The principal legal difficulty is not whether such evidence is probabilistic, but how a specialised probabilistic conclusion is translated into legal proof. A source-level DNA conclusion may be treated as an offence conclusion; a […]
FROM LIKELIHOOD TO LEGAL PROOF: A BAYESIAN SEPARATION PRINCIPLE FOR EXPERT EVIDENCE UNDER INDIAN LAW
October 12, 2026
Abstract
Statistical and scientific evidence increasingly enters Indian adjudication through DNA profiling, electronic records, algorithmic outputs, medical studies, and other quantitative methods. The principal legal difficulty is not whether such evidence is probabilistic, but how a specialised probabilistic conclusion is translated into legal proof. A source-level DNA conclusion may be treated as an offence conclusion; a […]
BALANCING PRIVACY AND PUNISHMENT: A COMPARATIVE STUDY OF CRIMINAL LIABILITY IN DATA PROTECTION LAW
October 12, 2026
Abstract
The rapid expansion of digital ecosystems has transformed personal data into one of the most valuable contemporary assets, simultaneously intensifying concerns relating to privacy, security, and accountability. Legal systems across the world have responded by developing diverse enforcement mechanisms designed to regulate the collection, processing, and misuse of personal information. While jurisdictions such as the […]
From Retribution to Reform: Purposes of Punishment and Sentencing Practice under the Bharatiya Nyaya Sanhita, 2023
October 10, 2026
Abstract
Punishment is the most severe power a state exercises over its citizens, and its justification cannot be assumed. This paper examines the purposes of punishment in Indian criminal law after the enforcement of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Using a doctrinal method, it traces the historical […]
Facilitation to Collusion: Rethinking Hub-and-Spoke Arrangements under Section 3 of the Competition Act 2002
October 9, 2026
Abstract
IHub-and-spoke arrangements present a fundamental challenge for competition law: how can a horizontal cartel be established when competing firms, the spokes never communicate directly? The Competition (Amendment) Act 2023 addressed one side of this problem by inserting a proviso to Section 3(3) that extends liability to intermediaries facilitating such arrangements. Yet it left unresolved the […]
The Doctrine of Clog on the Equity of Redemption under Indian Property Law: A Critical Analysis
October 9, 2026
Abstract
The doctrine of clog on the equity of redemption occupies a central place in the jurisprudence of mortgage law. Rooted in the equitable maxim “once a mortgage, always a mortgage”, the doctrine seeks to protect the mortgagor’s inherent right to reclaim the mortgaged property upon discharge of the debt. Under Indian law the right finds […]
Institutionalised Subordination and Structural Femicide: Gender Apartheid, State Responsibility and International Law in Afghanistan and Iran
October 9, 2026
Abstract
This paper examines whether the systematic exclusion of women and girls under Taliban rule in Afghanistan, and the regime of compulsory control maintained by the Islamic Republic of Iran, amount to “gender apartheid”, and how such institutionalised subordination generates conditions of structural femicide. Drawing on the Rome Statute, the Apartheid Convention, CEDAW, the ICCPR and […]
Civil Services Reforms in India
October 9, 2026
Abstract
In India, the civil service is the professional backbone of the administrative apparatus and is charged with carrying out the laws, policies, and initiatives that the political administration has developed. In a complex and diversified country, it serves a vital role in fostering socioeconomic development and maintaining administrative continuity. Indian civil services have been widely […]
THE BLIND SPOTS OF INDIAN CORPORATE LAW: SHADOW TRADING, FRONT, RUNNING, AND INFORMATIONAL ASYMMETRY
October 8, 2026
Abstract
Indian securities law structures its prohibition of trading abuses around a single conceptual trigger: unpublished price sensitive information relating to a listed company and its securities. That framework works tolerably well for the classic case of an insider trading in his own company’shares. It works poorly and, to the point, not at all for the […]
Abstract
Investment treaty arbitration, built on the device of a standing offer to arbitrate contained in bilateral investment treaties (BITs), has become the principal means of resolving disputes between foreign investors and host States. This paper examines how that mechanism operates, why it was preferred to the available alternatives, and where its design now strains, particularly […]