Volume III Issue I

CRITICAL ANALYSIS OF PROBLEMS OF WITNESSES IN CRIMINAL JUSTICE SYSTEM IN INDIA Tanu Rajput, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Anupriya Yadav, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.31 The integrity and safety of witnesses are crucial to the legitimacy and efficacy of any criminal justice system. Threats, intimidation, harassment, postponed trials, and a lack of institutional protection are just a few of the many difficulties that witnesses in India frequently encounter; these issues jeopardise the administration of proper justice. This research assesses the efficacy of recent law reforms while critically analysing the systemic issues witnesses encounter inside the Indian criminal justice system. The Indian legal system has entered a transformative phase with the replacement of colonial-era laws by the Bharatiya Sakshya Adhiniyam (BSA), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Nagarik Suraksha Sanhita (BNSS), specifically the Indian Evidence Act, Indian Penal Code, and Code of Criminal Procedure. This paper looks at how these recent laws handle long-standing concerns about credibility, examination, and witness protection. The study investigates the shortcomings of the existing safeguards, the influence of hostile witnesses, and procedural bottlenecks. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 772-786. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

HEATING UP: THE EVOLVING ROLE OF INTERNATIONAL LAW IN THE CLIMATE CRISIS Harsh Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Aradhana Yadav, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.30 The accelerating climate crisis poses unprecedented legal and governance challenges that transcend national boundaries. This paper critically examines the evolving role of international law in addressing climate change, focusing on the transition from early voluntary commitments to structured frameworks like the Kyoto Protocol and the Paris Agreement. It explores how these legal instruments balance sovereignty with the pressing need for global cooperation. Particular attention is given to enforcement mechanisms, including transparency frameworks, compliance committees, and the emerging role of climate litigation in domestic and international courts. The study also delves into the intersections of climate change law with other legal regimes such as human rights, trade, biodiversity, and investment law, assessing the synergies and conflicts that arise in global climate governance. The role of soft law instruments and customary international law in supplementing formal treaty obligations is analyzed, highlighting the dynamic and multifaceted nature of climate governance. This research emphasizes the need for cohesive legal frameworks that integrate environmental, social, and economic considerations while fostering accountability and justice. It concludes by identifying gaps in current legal mechanisms and suggesting pathways for enhancing international law’s role in combating the climate crisis. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 742-771. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION Rajarshi Tripathi, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Parishkar Shreshth, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.29 This research paper examines the evolving legal landscape governing outer space activities in an era of unprecedented commercial and military expansion beyond Earth’s atmosphere. It analyzes the foundational principles established during the Cold War through the Outer Space Treaty and subsequent conventions, while highlighting their limitations in addressing contemporary challenges. The paper explores critical jurisdictional questions regarding territorial claims, flag state authority, and criminal jurisdiction in the absence of traditional sovereignty. It investigates the legal complexities surrounding commercial exploitation of celestial resources, space traffic management, debris mitigation, and private actor participation. The militarization of space receives particular attention, analyzing the ambiguities in international law regarding weapons placement and military activities. The study identifies significant gaps in dispute resolution mechanisms and proposes adaptive governance frameworks to address emerging issues. By examining these interconnected regulatory challenges, the paper contributes to developing a coherent legal approach that balances commercial development, security concerns, environmental sustainability, and equitable access as humanity expands into the final frontier. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 715-741. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

BRIDGING LAW AND FINANCE: THE ROLE OF LEGAL INSTITUTIONS IN FINANCIAL RECOVERY MECHANISMS Shaily Gupta, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Jyotsana Singh, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.28 This paper examines the critical intersection of legal institutions and financial recovery mechanisms in India’s evolving economic landscape. It analyzes how the Insolvency and Bankruptcy Code (IBC) of 2016 transformed creditor-debtor dynamics by creating a unified framework for resolution, while highlighting persistent challenges in implementation including judicial delays and institutional bottlenecks. The research explores the complementary roles of SARFAESI Act, Debt Recovery Tribunals, and regulatory frameworks established by the RBI and SEBI in facilitating debt recovery and financial stability. Through analysis of landmark judicial decisions, the paper reveals how courts have maintained a delicate balance between creditor rights and constitutional protections for debtors. Comparative examination of international insolvency regimes provides insights for potential reforms, particularly regarding cross-border insolvency and sector-specific frameworks. The study concludes that while significant legal advancements have occurred, India must address institutional capacity constraints, adopt the UNCITRAL Model Law on Cross-Border Insolvency, and develop pre-insolvency mechanisms to enhance recovery outcomes and systemic stability. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 682-714. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

NAVIGATING CYBERCRIME IN INDIA: LEGAL COMPLEXITIES, ENFORCEMENT DYNAMICS, AND EMERGING CHALLENGES IN A DIGITALLY CONNECTED SOCIETY Jainendra Pratap Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Juhi Saxena, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.27 This research paper examines the multifaceted challenges of cybercrime in India’s rapidly evolving digital landscape. It analyzes the conceptual understanding, legislative framework, and enforcement mechanisms within India’s cybersecurity ecosystem while identifying critical gaps in the current approach. The study provides a comprehensive assessment of various cybercrime categories affecting individuals, organizations, and critical infrastructure, alongside the procedural and investigative hurdles faced by enforcement agencies. Constitutional dimensions, particularly privacy considerations following landmark judicial pronouncements, are evaluated for their impact on cybercrime governance. The research further explores emerging threats including ransomware, deepfakes, IoT vulnerabilities, and AI-enabled attacks that present unprecedented challenges to existing legal paradigms. Through critical analysis of institutional frameworks and international cooperation mechanisms, the paper identifies systemic limitations in India’s cybercrime response capabilities. The study concludes with evidence-based policy recommendations for enhanced cybersecurity, emphasizing the need for legislative reform, institutional capacity building, critical infrastructure protection, and international cooperation. It advocates for a balanced approach that harmonizes security imperatives with constitutional rights protection while addressing the technological complexities of cybercrime in a digitally connected society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 650-681. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

EVOLVING DIMENSIONS OF PROPERTY DISTRIBUTION UNDER HINDU LAW: BALANCING TRADITIONAL NORMS, JUDICIAL INNOVATIONS, AND CONTEMPORARY CHALLENGES Ronak Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Sheeba Khalid, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.26 This research paper examines the evolving dimensions of property distribution under Hindu law through the lens of traditional norms, judicial innovations, and contemporary challenges. The study traces the historical trajectory from ancient dharmasastric principles to modern statutory frameworks, highlighting the transformative impact of the Hindu Succession Act of 1956 and its subsequent amendments. It analyzes landmark judicial pronouncements that have expanded women’s property rights beyond explicit statutory language, particularly focusing on daughters’ coparcenary rights evolution culminating in the watershed judgment of Vineeta Sharma v. Rakesh Sharma. The research provides comparative insights from global jurisdictions, identifying convergent patterns toward gender equality despite distinct cultural contexts. Critical analysis of the existing legal framework reveals persistent gaps between statutory ideals and practical realities, including gendered succession anomalies, inadequate implementation mechanisms, and the absence of matrimonial property rights. The paper concludes by offering recommendations for reform, emphasizing the need for gender-neutral succession patterns, strengthened implementation mechanisms, recognition of matrimonial property rights, and explicit property protection for alternative family structures. This research contributes to the ongoing discourse on balancing tradition with constitutional equality principles in the dynamic field of Hindu property law. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 614-649. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024