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
Since 2009, India’s e-commerce industry has expanded at an astounding 34% Compounded Annual Growth Rate (CAGR). But like many other thriving industries, this one face difficulties, one of which is a weak and ineffective legal and regulatory structure that cannot handle protecting the rights and responsibilities Since of the contracting parties. In June 2000, India […]
Abstract
Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs the “issue of process” before a Magistrate once cognizance of an offence has been taken. It corresponds to Section 204 of the Code of Criminal Procedure, 1973 (CrPC), with the notable addition of a proviso permitting summons or warrants to be issued through electronic […]
Abstract
ABSTRACT The Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), which came into force on 1st July 2024 in place of the Criminal Procedure Code, 1973 (‘CrPC’), carried forward several procedural aspects from the CrPC while also bringing in important changes. The primary aim of enacting this new legislation was to establish a quicker and more effective […]
Abstract
The enactment of the Bhartiya Sakshya Adhiniyam, 2023 (BSA), replacing the Indian Evidence Act, 1872 (IEA), represents a profound philosophical and structural shift in Indian evidentiary jurisprudence. For over fifteen decades, the analogue, document-centric design of the IEA struggled to accommodate the modern complexities of localized metadata, cloud computing, and encrypted channels. Previous interventions, such […]
Abstract
The history of adultery laws in India has changed vastly since it was introduced during British Colonial rule. It used to be a criminal act and considered a crime under law (additionally up until a few months ago) by the British government. Under Colonial law, women were seen as property and therefore the law recognised […]
Abstract
The digital age has not rendered intellectual property law obsolete, but it has exposed the limits of a framework designed for a world of physical copies and territorial markets. Copyright must contend with infinite reproducibility, patents with inventions that blur the line between human and machine creativity, trademarks with infringement at a scale traditional enforcement […]
Abstract
The Surrogacy (Regulation) Act, 2021 reflects India’s determination to move away from the exploitative commercial surrogacy model and toward a framework grounded in dignity and regulation. It provides a much-needed legal structure that addresses issues of consent, parentage, and the rights of children. Yet, the law’s restrictive eligibility criteria, potential for familial coercion under the […]
Abstract
The rights of prisoners are not a concession to wrongdoers; they are a reflection of the State’s own commitment to the rule of law. When the State incarcerates, it assumes a duty of care, a duty that Article 21 demands be taken seriously. India’s prison reform journey is ongoing and progress has been made. But […]
Abstract
The debate over uniform marriage laws in India reflects the complex relationship between equality, individual rights, and religious diversity. India currently follows a pluralistic system of personal laws under which different religious communities are governed by separate legal provisions relating to marriage, divorce, maintenance, and other matrimonial matters. While this framework recognizes cultural and religious […]
Abstract
The debate over uniform marriage laws in India reflects the complex relationship between equality, individual rights, and religious diversity. India currently follows a pluralistic system of personal laws under which different religious communities are governed by separate legal provisions relating to marriage, divorce, maintenance, and other matrimonial matters. While this framework recognizes cultural and religious […]