LIJDLR

Volume III Issue IV

CYBER LAW IN INDIA: LOOPHOLES, LEGISLATIVE BACKWARDNESS AND THE NEED FOR COMPREHENSIVE REFORM

Volume III Issue IV /

CYBER LAW IN INDIA: LOOPHOLES, LEGISLATIVE BACKWARDNESS AND THE NEED FOR COMPREHENSIVE REFORM Subhash Kumar, LLB 2nd Year, Dayanand College of Law, Kanpur, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.200 India’s rapid digitalization, driven by initiatives like Digital India, Aadhaar-linked services, fintech expansion, and pervasive social media use, has led to an exponential increase in cyber-dependent and cyber-enabled crimes. The National Crime Records Bureau reported 428,278 cybercrime cases in 2022, marking a 24.4% increase from 2021. However, the core legal framework governing cyberspace continues to be the information Technology Act, 2000 a statute primarily designed to facilitate e-commerce and electronic records rather than tackle complex contemporary cyber threats. This research paper argues that Indian cyber law is structurally backward, fragmented, and riddled with substantive and institutional loopholes that undermine effective prevention, investigation, and adjudication of cyber offences. Through doctrinal and analytical study of statutory provisions, landmark case law including Shreya Singhal v. Union of India and Justice K.S. Putt swamy v. Union of India, official NCRB reports, and empirical data from the Indian Cyber Crime Coordination Centre, this paper identifies key gaps: narrow and outdated offence definitions excluding deepfakes, AI-driven fraud, and cryptocurrency crimes; inadequate penalties averaging only three years imprisonment for serious offences; overlapping and conflicting provisions with the Indian Penal Code; weak intermediary liability standards under Section 79; and absence of a comprehensive cybersecurity statute. It further highlights enforcement deficits, including conviction rates below 10% nationally, limited cyber forensics capacity with only 23 operational laboratories nationwide, and uneven specialization among law enforcement and judiciary. The paper examines emerging challenges posed by artificial intelligence-driven fraud schemes worth over Rs. 1,200 crores annually, deepfakes targeting thousands of victims, cryptocurrency-enabled scams exceeding Rs. 6,000 crore per year, and cross-border cyber operations that remain largely unaddressed. The conclusion proposes comprehensive legislative, institutional, and policy reforms, including a dedicated Cybersecurity and Digital Rights Act, clearer offence definitions with proportionate penalties, specialized cybercrime infrastructure with dedicated cyber courts, and stronger victim-centric mechanisms including compensation funds and expedited redressal systems, to align India’s legal regime with the realities of the digital age.

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THE LEGAL FRAMEWORK GOVERNING INTEGRATED CIRCUIT LAYOUT DESIGNS IN INDIA

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THE LEGAL FRAMEWORK GOVERNING INTEGRATED CIRCUIT LAYOUT DESIGNS IN INDIA Sulekha, National Law University Delhi (LL.M IPR) (India) Arya Verma, National Law University Delhi (LL.M IPR) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.199 The​‍​‌‍​‍‌​‍​‌‍​‍‌ SICLD Act 2000 has been a model of a specialized legal framework that India has established to meet its TRIPS obligations for the protection of the intellectual effort involved in the creation of chip topography. The Indian layout-design scheme is different from the US model which directs the protection towards products of marketed chips. The Indian scheme regards the layout-design as a separate entity. The grant of protection is very much dependent on registration only thus giving the registered owner the exclusive economic rights for a period of ten years. A design to be eligible for registration must be new have some inherent features of distinction and should not have been commercially exploited for more than two years. The Act provides for some exceptions to these private rights in the form of statutory provisions allowing reverse engineering, scientific research, and non-commercial government use. The India Semiconductor Mission (ISM) is anticipated to invigorate local filings and enforcement activities as India’s semiconductor consumption is approaching $110 billion by 2030 although the situation has been somewhat stagnant with only two registrations having been recorded by ​‍​‌‍​‍‌​‍​‌‍​‍‌2016.

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REIMAGING JUSTICE BEYOND THE COURTROOM: STRENGTHENING THE LANDSCAPE OF RURAL MEDIATION THROUGH TRANSFORMATIVE MODEL OF JSS

Volume III Issue IV /

REIMAGING JUSTICE BEYOND THE COURTROOM: STRENGTHENING THE LANDSCAPE OF RURAL MEDIATION THROUGH TRANSFORMATIVE MODEL OF JSS Jaiverdhan Singh, 2nd Year, LLB(H), Student at Amity University, Noida (India) Astha Anupy, 2nd Year, LLB(H), Student at Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.198 ADR which is relatively a new concept to our country’s legal diaspora, has always been existing in cultural nuances of India. The current Indian justice delivery system is in dire need of restitution, because India failed in providing easy access to courts and ensure speedy justice. The problems in its obvious manifestation have impacted the marginalized community the most. This article, after highlighting the existing problems, proposes a solution in form of mediation organization replicating the working principles of Jan Shikshan Sansthan. The expected outcome of the proposed solution is based on the analysis of initiatives functioning around the globe.

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JUVENILE JUSTICE IN THE DIGITAL AGE: EXAMINING CONSENT, CAPACITY, AND CRIMINAL RESPONSIBILITY UNDER BNS‑2023 AND OTHER LAWS

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JUVENILE JUSTICE IN THE DIGITAL AGE: EXAMINING CONSENT, CAPACITY, AND CRIMINAL RESPONSIBILITY UNDER BNS‑2023 AND OTHER LAWS Rudra Pratap Singh, student, 3rd semester pursuing BALLB hons. at IILM university, Greater Noida (India) Adv. Paras Yadav, Advocate at Civil Court RDC Ghaziabad, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.197 The digital age has changed how young people interact, communicate, and get involved in possibly illegal activities. With the rise of social media, online gaming, and digital platforms, issues of consent, capacity, and criminal responsibility have become more complex. This paper examines juvenile justice in India, focusing on the Bharatiya Nyaya Sanhita (BNS‑2023) framework, relevant parts of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), the Indian Penal Code, and other relevant laws. By looking at legal provisions, court interpretations, and new challenges in cyberspace, this research points out gaps, suggests policy changes, and considers how the legal system can protect children while ensuring accountability in the digital world.

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RIGHT TO SERVICE AND THE ROLE OF CONTROLLING AUTHORITIES EVALUATING THE EFFECTIVENESS OF LEGAL MECHANISMS UNDER THE PAYMENT OF GRATUITY ACT, 1972

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RIGHT TO SERVICE AND THE ROLE OF CONTROLLING AUTHORITIES EVALUATING THE EFFECTIVENESS OF LEGAL MECHANISMS UNDER THE PAYMENT OF GRATUITY ACT, 1972 Bineesh P Chacko, M.Tech, MBA, LLM, Research Scholar, School of Indian legal Thought, M.G University Kottayam (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.196 The Payment of Gratuity Act 1972 was legislated to safeguard the welfare and social security of employees across India. Its primary objective is to ensure the timely payment of gratuity to workers employed in various sectors such as factories, mines, oilfields, plantations, ports, Railway companies, shops, and other establishments. This Act establishes a framework for the obligatory provision of gratuity as a form of social security to employees upon retirement, reaching superannuation, experiencing physical incapacity, or enduring impairment of body parts. Gratuity serves as a financial reward bestowed upon an employee for their service and loyalty to their employer, akin to a retirement benefit plan. Unfortunately, instances of forfeiture, denial, and delay of gratuity are prevalent within industrial organizations. These occurrences often stem from grievances held by employers against employees, financial constraints faced by employers, lack of awareness, and reluctance to engage in legal proceedings due to financial limitations. Consequently, a considerable number of cases remain pending before the Controlling Authority, a quasi-judicial body tasked with resolving disputes and enforcing the provisions outlined in the Gratuity Act. There is a need for a Citizen Charter to ensure the time-bound delivery of gratuity orders by the Controlling Authority.

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PERSONALITY RIGHTS: AN EMERGING INTELLECTUAL PROPERTY RIGHT OR A SHIELD AGAINST DEEPFAKES?

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PERSONALITY RIGHTS: AN EMERGING INTELLECTUAL PROPERTY RIGHT OR A SHIELD AGAINST DEEPFAKES? Manik Tindwani, Advocate, Rajasthan High Court (India) Vidhi Jangid, Student, University Five Year Law College, University of Rajasthan, Jaipur (India) Navya Paniyar, Student, University Five Year Law College, University of Rajasthan, Jaipur (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.195 Personality rights now sit at a very fragile intersection of privacy, dignity, and commercial value in digital India. Rapid growth of generative AI and deepfake tools makes identity itself a manipulable asset which travels across borders in seconds. Celebrities, influencers, and ordinary users all face the risk that their face, voice, or mannerisms may be cloned for endorsement, humour, or even fraud without consent. Indian constitutional jurisprudence has recognised privacy and autonomy, yet statutory protection for personality remains fragmented across intellectual property and tort law. Recent Delhi High Court actions by film stars and digital creators show how personality rights are being tested against AI tools, deepfake filters, and viral content practices. This research examines whether personality rights in India are actually evolving into a distinct intellectual property right, or whether they still function mainly as a dignitary shield. It analyses how copyright, trademark, and passing off doctrines are stretched to respond to AI generated misappropriation of persona. It further evaluates whether such incremental judicial innovations are sufficient to deal with deepfakes, synthetic media, and cross border online harms. Comparative insights from EU and US frameworks highlight alternative approaches to publicity and image rights and raise important questions for Indian reform. The paper argues that Indian law must carefully frame personality rights to protect individuals against AI driven exploitation without chilling creativity, satire, and technological progress.

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CHALLENGES AND SOLUTIONS FOR COPYRIGHT INFRINGEMENT IN THE DIGITAL AGE

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CHALLENGES AND SOLUTIONS FOR COPYRIGHT INFRINGEMENT IN THE DIGITAL AGE Dhananjaya C, 9th semester student pursuing B.B.A LL.B at KLE Law College, Bengaluru, Karnataka (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.194 This paper examines the adequacy of India’s copyright and intermediary liability framework in responding to the challenges posed by algorithmically driven digital platforms and the use of copyrighted material in artificial intelligence training datasets. The research problem arises from the growing disjunction between the reactive, notice-based regime under the Copyright Act, 1957 and the Information Technology Act, 2000, and the systemic realities of content curation, recommendation and large-scale machine learning. While judicial decisions such as Eastern Book Company v. D. B. Modak and MySpace Inc. v. Super Cassettes Industries Ltd have clarified originality standards and the contours of “actual knowledge”, they do not resolve whether intermediaries that algorithmically promote infringing content retain safe-harbour protection, nor whether the ingestion of protected works for AI model training constitutes infringement under Indian law. This study adopts a doctrinal and comparative research methodology. Primary sources include Indian statutes, rules and leading judicial precedents, while secondary sources comprise academic literature, policy reports and comparative materials from the European Union, the United States and Germany. Through analytical synthesis, the paper evaluates the effectiveness of India’s current notice-and-takedown framework and assesses the suitability of foreign models such as the EU’s text and data mining exceptions and collective licensing mechanisms. The key finding is that Indian law remains structurally ill-equipped to regulate algorithmic promotion of infringing content and AI-training datasets. The absence of statutory clarity creates uncertainty for creators, intermediaries and developers alike. The paper concludes by recommending a calibrated reform package including clearer standards of “actual knowledge”, mandatory transparency obligations for large platforms, and a statutory or collective licensing framework for AI training datasets. These measures aim to balance effective copyright enforcement with constitutional values of free expression and innovation.

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ECONOMIC OFFENCE ENFORCEMENT AND JUDICIAL OVERSIGHT IN INDIA: EXAMINING THE ROLE OF THE ENFORCEMENT DIRECTORATE

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ECONOMIC OFFENCE ENFORCEMENT AND JUDICIAL OVERSIGHT IN INDIA: EXAMINING THE ROLE OF THE ENFORCEMENT DIRECTORATE Dr. Sakshi, PhD from Central University of Haryana (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.193 The Enforcement Directorate (ED) has emerged as one of India’s most powerful financial crime investigation agencies, especially under the framework of the Prevention of Money Laundering Act, 2002 (PMLA). While the ED’s mandate includes tackling sophisticated economic offences, its aggressive rise since 2014 has triggered serious debate regarding its operational transparency, constitutional legitimacy, and political neutrality. This paper examines whether the ED is fulfilling its intended role as a financial watchdog or functioning increasingly as a political weapon. Relying on official data, recent court rulings, and media investigations, the paper highlights key patterns in enforcement trends, including a sharp surge in cases against political opposition figures, low conviction rates under PMLA, and controversial amendments passed through Money Bills. It also reviews high-profile cases such as the INX Media scandal, the ongoing challenges before the Supreme Court in Karti P. Chidambaram v. ED, and the ED Kochi Unit bribery case involving Assistant Director Shekhar Kumar. Comparative insights are drawn from international best practices to assess institutional accountability. The paper concludes with recommendations for reforming the ED’s framework to align with principles of fairness, transparency, and federalism, thereby preventing its misuse and restoring public confidence in India’s anti-corruption apparatus.

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THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE FASHION INDUSTRY: NAVIGATING INTELLECTUAL PROPERTY RIGHTS THROUGH THE LENS OF COPYRIGHT LAW

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THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE FASHION INDUSTRY: NAVIGATING INTELLECTUAL PROPERTY RIGHTS THROUGH THE LENS OF COPYRIGHT LAW Trupti Agarkar, BA LLB (Symbiosis Law School), LLM in IPTL (Jindal Global Law School) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.192 Every sector breathes and expands with technology every day, including fashion. The fashion industry is constantly evolving and adopting new technologies, one of the most striking technologies is the Artificial Intelligence (AI). AI has multiple applications in fashion including assist in creating designs and patterns, predicting future trends, computing consumer data and improving service delivery. Nonetheless, the application of AI in fashion has dire consequences in law, specifically concerning Intellectual Property Rights (IP). As AI poses threats to the fundamental principles of IP law, exploring its implication on IP rights is of utmost significance. This research focuses on whether IP rights, specifically the Copyright and design rights, are applicable to the outputs of AI. It seeks to determine how much protection Indian IP laws, specifically the Copyright Act, 1957 provide for works created by AI. Problems such as authorship, ownership disputes, and originality in relation to the Indian legal system are discussed. Moreover, the research analyzes the scope of protections available under Indian law for outputs created by AI. In addition, a comparison with other jurisdictions sheds light on how these AI-related laws of other countries deal with similar problems. The study elaborates on the notion that while AI presents vast opportunities for advancement in fashion, it also illuminates extreme concerns of integrating AI technologies into fashion business. Hence, for the ever-evolving IP laws, it is vital to balance technological advancements with protection for designers, creators and businesses.

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CASE ANALYSIS OF VIJAY A. MITTAL V. KULWANT RAI, CIVIL APPEAL NO. 5177 OF 2009

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CASE ANALYSIS OF VIJAY A. MITTAL V. KULWANT RAI, CIVIL APPEAL NO. 5177 OF 2009 Tharun. R, Advocate (Criminal Law Practitioner), LL.M. (Criminal Law), 2024–2025, CMR University School of Legal Studies (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.191 The case of Vijay A. Mittal v. Kulwant Rai stands as a landmark precedent in Indian civil procedural and Hindu personal law. It centres on a dispute concerning the specific performance of a sale agreement dated June 12, 1979, involving joint Hindu family (JHF) property. The primary legal issues addressed by the Supreme Court were the binding nature of a sale agreement executed by the karta of a JHF, the procedural validity of a suit where not all legal heirs of a deceased party were formally impleaded under Order XXII Rule 4 of the Code of Civil Procedure, 1908 (CPC), and the legal consequences of a subsequent collusive transfer made with knowledge of a prior agreement. The Court upheld the authority of the karta to bind coparceners through such an agreement. Crucially, it held that the impleadment of every legal heir is not a mandatory procedural requirement if those already on record adequately and substantially represent the interests of the non-impleaded heirs. This ruling clarifies the intersection between substantive Hindu law and procedural mandates, mitigating the risk of abatement on mere technical grounds and reinforcing the principle of representative litigation. The judgment provides essential guidance on navigating procedural intricacies in representative suits and property disputes involving joint families, thereby ensuring that substantive justice is not defeated by procedural technicalities.

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