LIJDLR

LawFoyer

PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS

Volume I Issue II /

PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS Vaibhav Sharma, 3rd Year, BA LL. B, Delhi Metropolitan Education, GGSIPU, New Delhi. Ruchika Chaurasia, 3rd Year, BA LL. B, Delhi Metropolitan Education, GGSIPU, New Delhi. Download Manuscript ABSTRACT The Plea of Alibi is a fundamental aspect of criminal law, it serves as a defence mechanism against the wrongful convictions. This research paper explores the relevance of the plea of alibi in criminal trials. It examines the historical context, legal implications, evidentiary standards, and practical challenges associated with this defence strategy, particularly in establishing reasonable doubt and serving as a corroborative defence through the collection of supporting evidence and witness testimonies. This paper delves into the legal standards and procedures governing the admissibility of alibi evidence, including jurisdiction-specific rules and disclosure obligations. It addresses the challenges and limitations encountered when asserting an alibi defence, including the prosecution’s ability to challenge the alibi and the necessity of establishing the credibility of alibi witnesses. Moreover, this research examines landmark cases where the plea of alibi played a prominent role, along with the legal precedents that have shaped the understanding and evaluation of alibi evidence. It highlights the influential appellate decisions that have influenced the acceptance and assessment of alibi pleas. This research article seeks to present a thorough analysis of the plea of alibi and its importance in criminal trials in India. The legal context of the plea, its evidence requirements, and its importance in ensuring a fair and just trial are all covered in this article. The study also examines case laws and practical difficulties with using of alibi as a defence. It also emphasises the value of the plea of alibi in defending the rights of the accused and upholding the integrity of Indian justice system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 64 – 78 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION

PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS Read More »

TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE

Volume I Issue II /

TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE Disha Bhalla, First-year student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Download Manuscript ABSTRACT Recently, the Jallikattu Practice performed in the State of Tamil Nadu had a rollercoaster ride. Jallikattu in Tamil Nadu, Bullock-cart racing in Maharashtra, and Kambala in Karnataka are culturally infused bull-taming sports performed in these states. Their legality has been a subject of challenge for years now. The apparent conflict between the infliction of harm on animals and humans involved, and the cultural significance of the sport/s has left the judiciary in hot water. Despite this, the judiciary has finally derived some crucial conclusions in this regard.  But to grasp the spirit of the issue, understanding the legal background stands as a requisite. This Article aims at analyzing the timeline of events and providing an overview of the legality of the Jallikattu practice. From the basic understanding of what the practice is to the analysis of the historical decision recently held in the Animals Welfare Board of India v. Union of India[1], this Article aims at providing an understanding of all. All this started with a Writ Petition filed against this conventional practice in 2014, which eventually got the Practice struck down. However, protests by the performers reignited the issue. The final verdict has been at the long haul ever since.  But the wait is finally over, with the hoped-for recent judgment of a Constitutional bench of the Apex court substantiating their conclusions and turning the tables. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 55 – 63 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS

TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE Read More »

LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS

Volume I Issue II /

LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS Garima Sachan, Student at Hidayatullah National Law University. Download Manuscript ABSTRACT The legal aspects of marriage of mentally unstable individuals are complex and often raise ethical and moral questions. Marriage is a legal and social institution that confers a range of rights and obligations on individuals. For mentally unstable individuals, their ability to understand the nature and consequences of the marriage contract may be impaired, which gave rise to the question about their capacity to consent to marriage. Thus, it is essential to protect the rights and interests of mentally unstable individuals who may be vulnerable to exploitation or abuse. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 49 – 54 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS STATUS OF MID-DAY MEAL SCHEME IN BIHAR

LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS Read More »

A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW?

Volume I Issue II /

A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? Mohammad Anas,Faculty of Law Aligarh Muslim University, Murshidabad Centre. Kaif Hasan, Faculty of Law Aligarh Muslim University, Aligarh. Download Manuscript ABSTRACT Martin Luther King Jr. stated that “There are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.” Armed forces special power act (AFSPA hereafter) is imposed on states or areas by the center of the governor of a state after it is declared “disturbed” under section 3 of the said Act. The Act defines these areas to be hazardous or prone to militancy and gives exclusive power to the armed forces deployed in these areas. It is the comprehensive power that the armed forces enjoy after the implementation of this act that is becoming the reason for apprehension. Pure impunity to the armed forces under this act gives them the power to shoot down any person on mere suspicion of them being involved in the contravention of the law. Various claims questioning the authenticity of these encounters have been raised with negligible or no action being taken at all. This paper accentuates various such claims and also a handy view of the act of violating human rights. The paper undertakes empirical and analytical research into the morality, or immortality of law, whichever can be concluded upon elucidating the facts and circumstances and in consequence, the predicament of those who are affected by AFSPA. The letter of the law in the paper is one thing, its motive is another, and its application, that matters, is a whole different thing, that is the real subject matter of any law. And the real evaluation of law is through those who are affected by it, be it in negative or positive terms. The political aspirations of the rest of the country can never scapegoat the equally innocent precious lives, as a sacrifice to sustain or replenish the former. The paper also concerns a jurisprudential analysis of the said Act. The paper concludes that if it is imminent in all circumstances to sustain this law to sustain peace, which the data proves contrary, then it would also be in the best interest of humanity, peace, and the morality of the country to make some serious deliberations upon the law. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 34 – 48 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS STATUS OF MID-DAY MEAL SCHEME IN BIHAR ROLE OF INDEPENDENT DIRECTORS IN MAINTAINING CORPORATE GOVERNANCE – CRITICAL EVALUATION

A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW? Read More »

CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE

Volume I Issue II /

CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE Ahana Sen, 4th year, BA LLB Student at Christ Deemed to be University Delhi NCR Rahil Rahman, 4th year, BA LLB Student at Symbiosis Law School, Hyderabad. Download Manuscript ABSTRACT Technology has now reached all spectrums of life and has become an important part. It makes work more efficient and easier, so people from all walks of life have utilized it. Similarly, to survive in modern times, corporations have incorporated technology not only for their day-to-day functioning but also for governance. The usage of technology and digitalization affects companies and corporations tremendously. It has changed the previous governance system and has now put a new structure in place which ought to improve the governance and provide much more transparency and accountability. This is being done to gain the trust of the public. The utilization of technology comes at a cost and must be properly administered and laid out to be efficient. Especially talking about India, we have noticed and suffered through many corporate scams and those have turned out to be fatal for the country’s economy. Incorporating efficient technology to reduce corporate cyber risks remains a huge challenge, especially for a developing country like India. Even though bigger corporations have somehow been able to join hands with technology to ensure corporate governance, small corporations are still figuring out the same. The current paper discusses the various ways in which technology can provide better governance, the principles of corporate governance, that are transparency, accountability, efficiency, and expediency, the advantages as well as disadvantages of incorporating technology in corporate governance and provides a summary of what corporate governance is, how it came into existence in India and how it has evolved since then. Further, it provides examples of failed governance structures, the scams that came to light, and how one can learn from them and develop a better governance system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 20 – 33 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS STATUS OF MID-DAY MEAL SCHEME IN BIHAR ROLE OF INDEPENDENT DIRECTORS IN MAINTAINING CORPORATE GOVERNANCE – CRITICAL EVALUATION IMMORAL TRAFFICKING OF WOMEN AND CHILDREN IN INDIA​

CORPORATE GOVERNANCE IN MODERN TIMES: CAN UTILIZATION OF TECHNOLOGY HELP ACHIEVE STRONGER CORPORATE GOVERNANCE Read More »

AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION

Volume I Issue II /

AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION Mayank Khichar, Student at National Academy of Legal Studies And Research (NALSAR) University, Hyderabad. Download Manuscript ABSTRACT This research article examines the crucial need for responsible innovation in the context of artificial intelligence (AI) ethics and legal compliance. The increasing proliferation of AI-based technologies has raised significant ethical concerns, such as data privacy, algorithmic bias, and transparency. These ethical issues are further compounded by the rapidly evolving legal landscape governing AI, which lacks a standardized framework for regulation. The article argues that responsible innovation is essential to ensure that AI technologies are developed and implemented ethically and in compliance with legal standards. It provides a comprehensive overview of the ethical and legal challenges associated with AI innovation, as well as the best practices and guidelines for responsible innovation. The article also highlights the importance of collaboration between stakeholders, including policymakers, technologists, and civil society organizations, to promote responsible innovation and ensure that AI technologies are developed and used in a manner that aligns with societal values and legal requirements. Finally, the article concludes by emphasizing the imperative of responsible innovation as a key factor in promoting public trust and acceptance of AI technologies. It calls for a concerted effort by all stakeholders to work together to address the ethical and legal challenges associated with AI and ensure that AI innovation is responsible and beneficial for all. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 12 – 19 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS STATUS OF MID-DAY MEAL SCHEME IN BIHAR ROLE OF INDEPENDENT DIRECTORS IN MAINTAINING CORPORATE GOVERNANCE – CRITICAL EVALUATION IMMORAL TRAFFICKING OF WOMEN AND CHILDREN IN INDIA​ ANALYSING THE IMPACT OF TRIBUNALISATION IN CONTEMPORARY ERA w.r.t NTT AND NCLT CASE

AI ETHICS AND LEGAL COMPLIANCE-THE IMPERATIVE FOR RESPONSIBLE INNOVATION Read More »

DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS

Volume I Issue II /

DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS Aabil Husain, Assistant Professor, Department of Law Prestige Institute of Management & Research, Gwalior Download Manuscript ABSTRACT The use of drugs and narcotics substance has increased and the substances used have taken an impact on an individual’s life many adults are using substantial use of these particular individuals could be cocaine, Heroine to increase the flow of dopamine and reduce stress. Many adults have taken it as an alternative to reduce stress. To control the use and prevent the use of drugs and narcotics and the pharmaceutical sectors use has become popular among adults as well as teenagers. They have just made use of these substances very common to use as it is specified in a quantity and is common among teenagers. The Drugs and Cosmetics Act,1940 is legislation in India that regulates the import, manufacture, distribution, sale, and use of drugs and cosmetics in the country. The Act is administered by the Central Drugs Standard Control Organization (CDSCO), which is the national regulatory body for pharmaceuticals and medical devices in India. To ensure the safety, efficacy, and quality of drugs and cosmetics available in the market, and to protect the public from the harmful effects of substandard or spurious products. Drugs Control Act, depending on the specific laws and regulations that have been put in place. In some countries, the Act may be administered by a government agency or department that is responsible for enforcing the provisions of the Act and regulating the drug industry. In other countries, the Act may be enforced by law enforcement agencies, such as the police or the customs department. Teenagers need to be educated about the potential risks and dangers of drug use, as well as the potential consequences of drug abuse, such as legal issues, health problems, and social and personal consequences. Parents, educators, and other adults can play a critical role in helping teenagers understand the risks associated with drug use and in providing them with the knowledge and skills they need to make healthy, informed decisions about drugs. Also, there should be some measures to improve the stage of teenagers when they are using drugs or any substance which is impacting their lifestyle, so there is some measure as well discussed down for the improvement of Teenagers. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 1 – 11 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS STATUS OF MID-DAY MEAL SCHEME IN BIHAR ROLE OF INDEPENDENT DIRECTORS IN MAINTAINING CORPORATE GOVERNANCE – CRITICAL EVALUATION IMMORAL TRAFFICKING OF WOMEN AND CHILDREN IN INDIA​ ANALYSING THE IMPACT OF TRIBUNALISATION IN CONTEMPORARY ERA w.r.t NTT AND NCLT CASE MEDIA TRIAL AND RIGHT TO FREEDOM OF SPEECH AND EXPRESSION: AN ANALYSIS

DRUGS PREVENTION LAWS IN INDIA-A CRITICAL ANALYSIS Read More »

STATUS OF MID-DAY MEAL SCHEME IN BIHAR

Volume 1 Issue 1 /

STATUS OF MID-DAY MEAL SCHEME IN BIHAR Purnima Singh, Law student at The ICFAI University, Dehradun Sweety Kumari, Law student at The ICFAI University, Dehradun Download Manuscript ABSTRACT The PM Poshan Programme was introduced by the Government of India in the year 1995 with the objective to provide cooked mid-day meal to school going children and improve their nutritional level. This scheme was introduced in the state of Bihar in the same year. But it seems that the aim of this programme is far to achieve in the state. In this article we will analyse why this scheme has not become a success in Bihar and how this is prejudicially affecting the nutritional status of the children. The article further articulate that what rights were promised to the school going children through this scheme and how these promises remain unfulfilled. Further we will also look whether this scheme stood the test of time during the Covid 19 pandemic.

STATUS OF MID-DAY MEAL SCHEME IN BIHAR Read More »

ROLE OF INDEPENDENT DIRECTORS IN MAINTAINING CORPORATE GOVERNANCE – CRITICAL EVALUATION

Volume 1 Issue 1 /

ROLE OF INDEPENDENT DIRECTORS IN MAINTAINING CORPORATE GOVERNANCE – CRITICAL EVALUATION Abhinav Singh, Law Student at Amity Law School, Lucknow Download Manuscript ABSTRACT Recent scandals have damaged India’s business image among international investors, despite the independent director’s role in promoting corporate governance. Satyam and Enron instances have stressed the necessity for independent directors. Clause 49 of the SEBI listing agreement, Birla report, CII suggestion, Narayan Murthy Committee, and J.J. Irani Committee reports didn’t help. Tata and other examples illustrate that the independent director is operating in a promoter’s line and has failed to prevent undue enrichment by management and promoters. This article found a disconnect between IDs’ actual function and their intended purpose. Independent directors should vote and participate in corporate matters impartially since they have no stake in the firm. The Independent director may be removed by a majority shareholder vote. Independent directors may oppose one-sided initiatives to defend minority shareholders’ interests. In Corporate Governance, Independent Directors are crucial to defending minority shareholders’ interests. This article examines the Indian corporate governance instrument of the independent director. Due to the independent director’s independence from management, this analysis is significant.

ROLE OF INDEPENDENT DIRECTORS IN MAINTAINING CORPORATE GOVERNANCE – CRITICAL EVALUATION Read More »

IMMORAL TRAFFICKING OF WOMEN AND CHILDREN IN INDIA​

Volume 1 Issue 1 /

IMMORAL TRAFFICKING OF WOMEN AND CHILDREN IN INDIA Saniya Mishra, Law Student at Svkm’s Narsee Monjee Institutue of Management Studies, School of Law, Indore Shivansh Mishra, Law Student at Renaissance Law College, Indore Download Manuscript ABSTRACT Human trafficking of women and children is one of the most heinous crimes against humanity. However, estimating the scope of the problem is difficult because trafficking is linked to child labor, bonded labor, child marriage, kidnapping and abduction, and prostitution, even though these issues can exist independently of trafficking. Human trafficking of women and children is one of the most heinous crimes against humanity. Women’s trafficking is one of the most heinous forms of human rights violations, and it has been identified as one of the most serious issues in the current situation. Human trafficking is not a new or unique issue in India, as history has shown. It’s frequently compared to prostitution. One of the main reasons for the prevalence of immoral trafficking in India is poverty. Poor families are often forced to send their children to work, and traffickers prey on these vulnerable children. In addition, gender inequality is also a significant factor, with girls and women being more likely to be targeted for trafficking than boys and men. However, estimating the scope of the problem is difficult because trafficking is linked to child labor, bonded labor, child marriage, kidnapping and abduction, and prostitution, even though these issues can exist independently of trafficking. The Immoral Traffic Prevention Act does not adequately protect children from commercial and sexual exploitation. After drugs and arms smuggling, it is the third most profitable category of organized crime in terms of profit.

IMMORAL TRAFFICKING OF WOMEN AND CHILDREN IN INDIA​ Read More »