Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Abstract
The given article talks about the National Human Rights Commission. The article traces the history, role, important pronouncements and critically compares the National Human Rights Commission to the corresponding Canadian counterpart. A comparison between the Paris Principles and the governing principles of the NHRC has also been drawn. The article goes on to describe the […]
Abstract
The given paper traces the evolution of the term personal liberty from 1950 to 1977. The literal interpretation drawn in A.K. Gopalan v State of Madras is discussed elaborately listing the merits and demerits of the said judgement. The article briefly examines RC Cooper v. Union of India and discusses the relationship between Article 19, […]
Abstract
India’s criminal justice system underwent its most significant transformation since independence when the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam replaced the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act from 1 July 2024. This paper examines the background and key provisions of the new codes — […]
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This commentary analyses the Supreme Court’s landmark 2020 judgment in Anuradha Bhasin v. Union of India, which arose from the prolonged internet shutdown imposed in Jammu and Kashmir following the abrogation of Article 370. The Court held that the right to internet access is an integral part of the fundamental rights under Articles 19(1)(a) and […]
Abstract
“Digital arrest” scams have emerged as one of India’s fastest-growing forms of cyber fraud, exploiting fear rather than technical hacking to extort victims through fake calls claiming law enforcement authority. This article clarifies that “digital arrest” has no legal basis in Indian law, and examines which existing provisions — under the Bharatiya Nyaya Sanhita, 2023 […]
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Cyberbullying has become a widespread and often fatal form of online harm in India, ranging from trolling and morphed images to doxxing and non-consensual sharing of private content. This piece examines India’s existing legal framework — primarily the Information Technology Act, 2000 and provisions under the Bharatiya Nyaya Sanhita, 2023 — to assess whether current […]
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The principle of strict liability forms the cornerstone of the global anti-doping regime, holding athletes responsible for the presence of prohibited substances in their bodies regardless of intent, negligence, or fault. While this doctrine plays a crucial role in preserving the integrity of sport, ensuring fair competition, and promoting uniform enforcement under the World Anti-Doping […]
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Medical negligence occupies a distinctive position at the intersection of criminal law, tort law, and healthcare regulation, requiring courts to balance patient rights with the professional autonomy of medical practitioners. The Supreme Court’s decision in Jacob Mathew v. State of Punjab (2005) remains the leading authority on criminal liability for medical negligence in India, establishing […]
Abstract
The marital rape exception in India remains one of the most contested issues in contemporary constitutional and criminal law, reflecting the tension between colonial legal traditions and modern constitutional values. Rooted in the doctrine of irrevocable marital consent, the exception continues to deny married women the same legal protection against sexual violence available to unmarried […]
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Cross-border extradition has become an indispensable mechanism for combating transnational crime in an era characterized by globalization, technological advancement, and increased international mobility. As offenders increasingly exploit jurisdictional boundaries to evade prosecution, effective extradition systems are essential for ensuring accountability and strengthening international criminal justice. This paper examines India’s extradition framework under the Extradition Act, […]