LIJDLR

Volume III Issue II

REIMAGINING BAIL JURISPRUDENCE UNDER THE PREVENTION OF MONEY LAUNDERING ACT: CONSTITUTIONAL CHALLENGES AND THE REVERSE BURDEN PARADIGM

Volume III Issue II /

REIMAGINING BAIL JURISPRUDENCE UNDER THE PREVENTION OF MONEY LAUNDERING ACT: CONSTITUTIONAL CHALLENGES AND THE REVERSE BURDEN PARADIGM Shreyashi Verma, BBA-LL.B., Third Year, Student at Institute of Legal Studies- SRMU, Lucknow. Ahmed Mehdi Khan, LL.B., Third Year, Student at University of Lucknow. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.77 The Prevention of Money Laundering Act, 2002 (PMLA) was introduced to prevent complicated financial crimes and to make sure that money gained through illegal activities does not go beyond the law’s reach. Section 45, which is a crucial element of its enforcement, imposes strict conditions for granting bail. It is also known as the ‘twin conditions.’ It effectively shifts the burden of proof onto the accused, meaning the accused has to prove their innocence through evidence and assure the court that if they are released, they won’t be engaged in any additional offence. Although the Supreme Court in the Vijay Madanlal Choudhary case confirmed that the conditions in question are constitutional and reasonable when it comes to economic offences. Still, there are ongoing worries about how this provision might impact the rights to a fair trial and the principles of procedural equity. It has led to a significant constitutional debate regarding personal liberty under Article 21 of the Indian Constitution. The research methodology includes a detailed analysis of statutory texts, interpretation of parliamentary discussions, and study of landmark judgements from both Indian and comparative jurisdictions. We place special emphasis on the Supreme Court’s decision in Nikesh Tarachand Shah vs. Union of India and Vijay Madanlal Choudhary vs. Union of India, along with subsequent rulings that demonstrate the judiciary’s progressive view regarding the reverse burden. It appears that the courts have been shifting between strict enforcement and partial constitutional arrangement. However, the larger issue of disproportionate pre-trial custody remains unaddressed. Although the reverse burden was intended to reduce money laundering, its rigid application without proper judicial oversight seems to infringe on fair trial. This article undertakes a doctrinal and jurisprudential analysis of Section 45, uncovering its legislative amendments, judicial responses, and evaluating its alignment with established constitutional norms.

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CORPORATE DEBT RESTRUCTURING: LEGAL INTERSECTION OF COMPANY LAW AND IBC

Volume III Issue II /

CORPORATE DEBT RESTRUCTURING: LEGAL INTERSECTION OF COMPANY LAW AND IBC Karthikeyan D, Presidency University Bengaluru Download Manuscript doi.org/10.70183/lijdlr.2025.v03.76 Corporate Debt Restructuring (CDR) is a critical mechanism within India’s financial ecosystem, designed to facilitate the revival of financially distressed companies while safeguarding broader economic stability. This article examines the evolving legal framework governing CDR in India, focusing on the intersection of company law, banking regulation, and insolvency legislation. The Companies Act, 2013, provides the statutory foundation for corporate-level restructuring decisions through Sections 230 to 232, which enable schemes of compromise and arrangement to be made under judicial supervision. Simultaneously, the Reserve Bank of India (RBI) has issued prudential frameworks, including the erstwhile Corporate Debt Restructuring Mechanism and the recent Prudential Framework for Resolution of Stressed Assets, guiding financial institutions in managing non-performing assets. The introduction of the Insolvency and Bankruptcy Code (IBC), 2016 marked a transformative shift in India’s restructuring regime by introducing a time-bound, creditor-driven resolution process with legal enforceability. The IBC complements existing restructuring frameworks by serving as both a deterrent and a formal resolution mechanism. Provisions such as Section 230 schemes during liquidation and the Pre-Packaged Insolvency Resolution Process (Pre-Pack IBC) reflect the integration of insolvency laws. Beyond statutory regimes, this article addresses contractual and security law dimensions, including loan renegotiations, covenant modifications, and enforcement of security interests under the SARFAESI Act, 2002. The analysis highlights judicial evolution through landmark rulings such as Essar Steel, Jet Airways, and Swiss Ribbons, which reinforce creditor rights and ensure procedural integrity. Despite progress, challenges persist, including regulatory overlaps, procedural delays, and inter-creditor conflicts. Recent developments such as RBI’s emphasis on out-of-court restructuring and India’s move toward cross-border insolvency norms signal a forward-looking approach. This article concludes that a harmonized framework combining company law, banking regulation, and insolvency law is essential for improving efficiency, enhancing creditor confidence, and strengthening India’s corporate resilience.

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PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA

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PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA KAVIDHARANI R, Presidency University, Bangalore Download Manuscript doi.org/10.70183/lijdlr.2025.v03.75 The integration of Artificial Intelligence (AI) in law enforcement has led to the rise of predictive policing, an emerging technique that uses data analytics and machine learning to forecast potential criminal activity. While such innovations promise to enhance efficiency and prevent crime, they raise critical concerns in a constitutional democracy like India, where the values of liberty, equality, due process, and human dignity form the bedrock of governance. This paper critically evaluates the deployment of AI-driven predictive policing technologies in India through the lens of constitutional morality; a normative framework rooted in the transformative vision of the Indian Constitution. Focusing on initiatives such as CMAPS (Crime Mapping, Analytics and Predictive System), facial recognition, and algorithmic surveillance, the paper explores the socio-legal implications of data-powered policing. It examines how algorithmic bias, lack of transparency, and mass surveillance mechanisms pose risks to privacy, reinforce structural inequalities, and challenge the principles affirmed in landmark judgments such as Justice K.S. Putt swamy v. Union of India. Through doctrinal analysis and comparative insights from global practices, the study highlights the tension between technological advancement and constitutional safeguards. The paper argues that in its current unregulated form, predictive policing risks deepening systemic discrimination and undermining democratic freedoms. It underscores the urgent need for a rights-based AI policy framework, judicial oversight, and algorithmic accountability. By contextualizing predictive policing within the constitutional morality framework, this study seeks to initiate a discourse that prioritizes human dignity and constitutional values over mere technological expediency.

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CORPORATE COMPLICITY IN CONFLICT ZONES: LEGAL IMPLICATIONS OF GOOGLE’S ACQUISITION OF WIZ UNDER INTERNATIONAL CRIMINAL AND HUMANITARIAN LAW

Volume III Issue II /

CORPORATE COMPLICITY IN CONFLICT ZONES: LEGAL IMPLICATIONS OF GOOGLE’S ACQUISITION OF WIZ UNDER INTERNATIONAL CRIMINAL AND HUMANITARIAN LAW Sumedha Pradhan, 3rd year student at National Law University Odisha Download Manuscript doi.org/10.70183/lijdlr.2025.v03.74 This article investigates the evolving doctrine of corporate complicity in international law through the lens of Google’s $32 billion acquisition of Wiz, an Israeli cybersecurity firm with reported ties to military intelligence. Amid allegations of international humanitarian law (IHL) violations, the article seeks to inquire whether such a corporate transaction could constitute a crime under International Criminal Law (ICL). While the Rome Statute currently excludes corporate entities from direct prosecution, this paper argues that despite the Rome Statute’s exclusion of corporate entities from direct prosecution, a framework for indirect corporate liability can still be established under existing principles of aiding and abetting. Further, an amendment to the Statute could change the entire scenario. It analyses actus reus, mens rea, and proximity to assess proximity. The analysis synthesizes ICL, IHL, and the UN Guiding Principles on Business and Human Rights (UNGPs) to outline the legal obligations of businesses in conflict with laws. It further evaluates the varied types of complicity via case laws and soft law instruments.  Applying this framework to the Google-Wiz case, the article identifies the areas of potential legal exposure and moral risk. It critiques the gaps in the Rome Statute and legally binding Zero Draft Treaty, proposing reforms to strengthen the current legal framework. Ultimately, this paper underscores the urgent need for a more enforceable legal regime for corporate complicity.

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Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1

Volume III Issue II /

Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1 Rama Dutt, Harlal School of Law, Greater Noida Mohit Dutt, Karam Safety India Pvt. Ltd Download Manuscript doi.org/10.70183/lijdlr.2025.v03.70 The Supreme Court of India, in Navtej Singh Johar v. Union of India, addressed the constitutional validity of Section 377 of the Indian Penal Code, which criminalized consensual sexual acts between adults of the same sex. The petitioners, comprising individuals from the LGBTQ+ community, contended that Section 377 infringed upon their fundamental rights under Articles 14, 15, 19, and 21 of the Constitution. The Court unanimously held that Section 377, to the extent it criminalized consensual sexual conduct between adults, was unconstitutional. It emphasized that sexual orientation is an inherent aspect of identity and that the right to privacy and dignity is fundamental. The judgment overruled the previous decision in Suresh Kumar Koushal v. Naz Foundation and reaffirmed the principles laid down in Naz Foundation v. Govt. of NCT of Delhi.This landmark decision marked a significant step towards ensuring equality and non-discrimination for the LGBTQ+ community in India, aligning the nation’s legal framework with constitutional morality and human rights principles.

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COMPETITION COMMISSION OF INDIA V. SCHOTT GLASS INDIA PVT. LTD., (2025) 13TH MAY, SUPREME COURT OF INDIA; CIVIL APPEALS 5843 & 9998 OF 2014

Volume III Issue II /

COMPETITION COMMISSION OF INDIA V. SCHOTT GLASS INDIA PVT. LTD., (2025) 13TH MAY, SUPREME COURT OF INDIA; CIVIL APPEALS 5843 & 9998 OF 2014 Akshara Gupta, 4th Year, SCHOOL OF LAW, GALGOTIAS UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2025.v03.69 This Supreme Court ruling in CCI v. Schott Glass India Pvt. Ltd. (2025 INSC 668), passed by a division bench of Vikram Nath and Prasanna B. Varale, was with regard to charges under Section 4 of the Competition Act, 2002. Kapoor Glass India Pvt. Ltd. charged Schott India with abuse of its dominant market position by exclusionary volume and functional rebates, an anti-competitive long-term supply agreement (LTTSA) with Schott Kaisha, and tying clear and amber tubing. The Competition Commission of India (CCI) had penalized but the order was set aside by the Competition Appellate Tribunal (COMPAT) based on insufficient evidence and procedural defects. In appeal, the Supreme Court affirmed COMPAT’s conclusion. The Court underscored the importance of effects-based harm analysis in cases of abuse of dominance. It held that Schott India’s rebates were not exclusionary on equal terms and were justified by the need for operations. The LTTSA between Schott Kaisha and the LTTSA was neither exclusionary nor predatory because Schott India did not have any presence in the downstream market. Tying and NGC and NGA were denied on the grounds of technical and economic continuity of products. Most importantly, the Court denounced the refusal of cross-examination to Schott India as a travesty of natural justice. Without validated evidence, the Commission’s conclusion was not legally viable. The judgment robusts due process in competition law enforcement and conforms to international antitrust standards.

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RECALIBRATING FREE SPEECH IN INDIA’S DIGITAL AGE: BALANCING EXPRESSION, NATIONAL INTEGRITY AND THE GLOBAL DEMOCRATIC CHALLENGES

Volume III Issue II /

RECALIBRATING FREE SPEECH IN INDIA’S DIGITAL AGE: BALANCING EXPRESSION, NATIONAL INTEGRITY AND THE GLOBAL DEMOCRATIC CHALLENGES Anshu Gupta, BALLB (1st Year), Banaras Hindu University Download Manuscript doi.org/10.70183/lijdlr.2025.v03.68 In the digital age, India is witnessing an intensifying clash between constitutional free speech protections and state-imposed restrictions rooted in national security concerns and digital nationalism. On the one hand, Article 19(1)(a) of the Indian Constitution guarantees freedom of speech, while on the other hand, emerging norms of “digital nationalism” have prompted increasingly broad censorship laws, as reflected in the Bhartiya Nyaya Sanhita (BNS), which, while omitting IPC Section 124A (sedition) but introduces Section 152 – a broader framework penalizing threats to national sovereignty and integrity. India’s evolving digital speech regime through the lens of national case law and law is in contrast with liberal-democratic models abroad. This paper examines India’s current framework – Article 19’s reasonable restrictions, the IT Act and 2021 IT Rules, especially intermediary due diligence and traceability requirements – and the key Supreme Court decisions from Ramesh Thappar to Shreya Singhal and Anuradha Bhasin.  Along with this backdrop, the paper comprises international norms like UDHR Art. 19, ICCPR Art. 19, ECHR + NetzDG, which handle speech limits. Exploring digital nationalism in India, for example, coordinated online trolling by political operatives and frequent internet shutdowns and their chilling effects on journalism and dissent. Finally, recommendations and reforms adopting formal proportionality review, ensuring transparency of takedown orders and creating an independent digital rights oversight body. By drawing on comparative jurisprudence, the paper argues India can safeguard democratic values and lead globally in balancing speech freedom with legitimate state interests.

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