LIJDLR

Volume III Issue IV

UNMASKING SHELL COMPANIES: AN INDIAN CORPORATE LAW ASSESSMENT

Volume III Issue IV /

UNMASKING SHELL COMPANIES: AN INDIAN CORPORATE LAW ASSESSMENT Snehal Bajpeyee, National Law University and Judicial Academy, Assam (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.159 This paper examines the complex role of shell companies within India’s corporate and financial ecosystem, emphasising their dual character as both legitimate business tools and high-risk vehicles for illicit activities. While shell companies can facilitate investment structuring, asset holding, and cross-border transactions, their opacity makes them vulnerable to misuse for money laundering, tax evasion, benami ownership, and concealment of undisclosed foreign assets. Through an analysis of major global scandals such as the Panama Papers and the 1MDB fraud, the study illustrates how shell structures can be weaponised to obscure financial trails and enable corruption. In the Indian context, the paper evaluates the legal and regulatory framework governing shell entities across multiple statutes, including the Companies Act, 2013, the Prevention of Money-Laundering Act, 2002, the Benami Transactions (Prohibition) Amendment Act, 2016, and the Black Money Act, 2015. It assesses the government’s increasing reliance on strike-offs, physical verification, beneficial ownership requirements, and stringent reporting obligations to curb corporate opacity. The study also investigates the role of corporate service providers and their potential involvement in facilitating illicit transactions through the creation and management of shell companies. It highlights the effectiveness of India’s recent regulatory measures, such as the push for enhanced disclosure requirements and increased scrutiny of foreign direct investment, but also identifies gaps and challenges in enforcement. While legislative reforms have made progress, there remains a need for stronger inter-agency coordination and a more robust global framework to address cross-border misuse. Furthermore, the paper suggests that technological advancements, such as blockchain and AI-driven data analysis, could significantly enhance the government’s ability to trace and monitor shell companies more effectively.

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DEEPFAKE AI AND CRIMINAL LAW: A NEW AGE THREAT TO WOMEN’S SAFETY

Volume III Issue IV /

DEEPFAKE AI AND CRIMINAL LAW: A NEW AGE THREAT TO WOMEN’S SAFETY Srishti Sehgal, B.A. LL.B (Hons.), K.R. Mangalam University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.158 Technological innovation in Artificial Intelligence (AI) has given rise to “deepfakes” — hyper-realistic synthetic images, videos, and audio generated through deep learning algorithms that can convincingly depict individuals in fabricated scenarios. While this technology has creative potential, its misuse has evolved into a disturbing digital threat, particularly against women. Non-consensual sexual deepfakes, cyberstalking, identity theft, defamation, and extortion have become modern forms of gender-based violence, undermining women’s dignity, privacy, and mental health. This research critically examines the intersection of deepfake technology and criminal law, assessing whether existing legal provisions under the Indian Penal Code (IPC) and the Information Technology Act, 2000 are sufficient to address AI-driven sexual exploitation and image-based abuse. It adopts a doctrinal, comparative, and socio-legal methodology, integrating psychological studies and international legal developments, including the U.S. Take It Down Act (2025), the U.K. Online Safety Act (2023), and the EU AI Act. Through analysis of case law, policy gaps, and emerging judicial responses—such as the Bombay High Court’s 2025 deepfake-takedown order—this paper argues that India’s existing legal mechanisms remain fragmented and inadequate. It advocates for a dedicated deepfake legislation, mandatory takedown timelines, platform accountability, and institutional support systems for victims. The study concludes that safeguarding women in the age of artificial intelligence requires a proactive, rights-based legal framework that harmonizes technological innovation with human dignity.

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THE STANDARD OF PROOF IN CRIMINAL CASES: BALANCING JUSTICE AND FAIRNESS IN THE JUDICIAL PROCESS

Volume III Issue IV /

THE STANDARD OF PROOF IN CRIMINAL CASES: BALANCING JUSTICE AND FAIRNESS IN THE JUDICIAL PROCESS Mayank Kumar, 1st Semester LLM, IILM University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.157 The standard of proof is a crucial defence in criminal law that keeps people from being wrongfully convicted. The prosecution must establish the accused’s guilt to the point where there is no room for logical doubt in order to meet the highest of these standards, “beyond a reasonable doubt.” The study looks at the difficulties that come with these explanations and how judges explain this idea to juries. In criminal law, the standard of proof is a vital defence that prevents wrongful convictions. To meet the highest of these standards, the prosecution must prove the accused’s guilt “beyond a reasonable doubt,” meaning that there must be no room for logical doubt. Examining the standard’s background, definition, and relevance, this essay emphasizes how important it is to uphold constitutional rights and ensure fair trials. One of the main topics of discussion is the subjective nature of “reasonable doubt,” which frequently leads to varying interpretations among Judges and uneven applications in courtrooms. The study examines how judges present this concept to juries as well as the challenges associated with these explanations. In the 2020 U.S. Supreme Court ruling in Ramos v. Louisiana, which declared that jury verdicts in criminal trials must be unanimous to satisfy the Sixth Amendment. This decision overturned long-standing practices in Louisiana and Oregon, reinforcing the connection between jury unanimity and the integrity of the reasonable doubt standard. The paper also compares how the standard of proof is treated in common law versus civil law systems, highlighting different judicial philosophies. Furthermore, it analyses how advances in forensic science and digital evidence have reshaped the evaluation of proof in modern trials—bringing both benefits and new concerns, particularly about juror interpretation and possible overdependence on complex technical evidence. In conclusion, maintaining a strong and clearly understood standard of proof is vital to justice. The reaffirmation of jury unanimity in Ramos strengthens protections for defendants and reflects an ongoing commitment to fair and reliable outcomes in criminal law.

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SOVEREIGNTY AND RIGHTS: CHALLENGES OF DIGITAL CONSTITUTIONALISM FOR INDIA IN THE AGE OF GLOBAL INTERNET GOVERNANCE, WITH COMPARATIVE INSIGHTS FROM FRANCE

Volume III Issue IV /

SOVEREIGNTY AND RIGHTS: CHALLENGES OF DIGITAL CONSTITUTIONALISM FOR INDIA IN THE AGE OF GLOBAL INTERNET GOVERNANCE, WITH COMPARATIVE INSIGHTS FROM FRANCE Rushikesh Suresh Belagali, Student of LLM (IP) At Amity Law school, Amity University, Noida, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.156 The conflict between constitutional rights and national sovereignty has escalated due to the rise of global internet governance, posing serious concerns for India’s digital future. Transnational platforms, data flows, and algorithmic regulation present issues for India’s constitutional structure, which is based on democratic principles. On the one hand, the state uses policies like data localization, platform responsibility, and content restriction to try and establish digital sovereignty. On the other hand, it is required by the constitution to defend fundamental rights like equality, free speech, and privacy in a digital world that is becoming more and more influenced by private actors and international norms. This dual goal highlights the vulnerability of India’s digital constitutionalism, where rights-based strategies seem to undermine state authority while sovereignty-driven policies run the risk of restricting rights. A comparative perspective on France provides insightful information. The European Union’s French constitutional tradition serves as an example of how supranational government and rights protection can coexist. France strikes a balance between national authority and the enforcement of collective rights through independent regulators, constitutional courts, and EU-level structures. This comparison highlights the need for institutional innovation in India. In order to achieve a hybrid paradigm of digital constitutionalism, the study contends that India must transcend the dichotomy of sovereignty vs rights. A model like this would safeguard cultural and political sovereignty, uphold democratic principles online, and position India as a global leader in fair, rights‑based internet governance. The increasing complexity of global digital governance demands that India navigate both international pressures and domestic constitutional guarantees. As global internet frameworks continue to evolve, India’s digital constitutionalism faces a critical crossroad: balancing national interests with global standards. India’s approach must embrace technological innovation while ensuring fundamental rights are not compromised in the pursuit of sovereignty. The challenge lies in crafting policies that respect both state autonomy and the protection of individual freedoms in an interconnected world.

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AN ANALYSIS OF GUARDIAN OF FUNDAMENTAL RIGHTS FOR STREET VENDORS OF DELHI

Volume III Issue IV /

AN ANALYSIS OF GUARDIAN OF FUNDAMENTAL RIGHTS FOR STREET VENDORS OF DELHI Pralika Chakraborty, LLM (IP)/ 1st Year/ 1st semester Amity Law School, Amity University Uttar Pradesh, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.155 In India’s urban economy, street vendors play a crucial role by providing reasonably priced items and services that sustain millions of people’s livelihoods.  Despite the Supreme Court’s and Parliament’s recognition of the constitutional value of the right to livelihood and the subsequent enactment of a statutory system (the Street Vendors Act, 2014), it is still difficult to put protections into practice, particularly in crowded cities like Delhi.  This study looks at how Delhi’s street vendors’ fundamental rights are “guarded” by law and jurisprudence, evaluates the institutional arrangements made (Town Vending Committees, vending surveys, vending certificates, hawking zones), finds policy and enforcement gaps, and makes comparative and useful suggestions to improve vendors’ protection and dignity. Statutes, Supreme Court precedent, Delhi regulations and plans, empirical research, official policy documents, and secondary literature are all used in the analysis. In addition to the statutory framework, various judicial precedents, particularly the Olga Tellis v. Bombay Municipal Corporation case, have further entrenched the recognition of the right to livelihood under Article 21 of the Indian Constitution. This case highlighted the importance of ensuring that no individual is deprived of their livelihood without following a fair and just process, a principle that laid the groundwork for the legislative measures that followed. These legal foundations form the basis for the Street Vendors Act, which sought to regulate street vending and provide street vendors with legal recognition and protection. Despite these advancements, challenges remain in their application, especially in cities like Delhi, where urban congestion, competing interests, and bureaucratic inefficiencies complicate the enforcement of these protections. The presence of informal sectors, which often operate outside the bounds of formal city planning, further exacerbates the struggle for vendors to claim their legal entitlements. This paper seeks to explore how these gaps in legal implementation manifest on the ground and assesses the extent to which Delhi’s governance structures are aligned with the legislative intent behind the Street Vendors Act. Moreover, it aims to offer actionable recommendations to bridge these gaps by leveraging comparative insights from other Indian cities and international examples. Through this, the study aims to provide a holistic view of the regulatory framework and the real-world hurdles faced by street vendors.

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IMPRESSIONS TO ALGORITHMS: EVALUATING DEEP LEARNING METHODS FOR TOOLMARK MATCHING AND SOURCE ATTRIBUTION

Volume III Issue IV /

IMPRESSIONS TO ALGORITHMS: EVALUATING DEEP LEARNING METHODS FOR TOOLMARK MATCHING AND SOURCE ATTRIBUTION Sakthi Priyadharshini. K, 2nd Year LL.M (Crime and Forensic law), The Tamilnadu Dr.Ambedkar Law University, The School of Excellence in Law, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.154 Forensic science has historically relied heavily on tool mark analysis, which links tools to trace evidence by examining impression imprints. However, traditional methods continue to rely on examiner-driven visual comparison, which raises ongoing questions about reproducibility, transparency, and the validity of evidence in court. New advances in computer vision and deep learning are changing this field by providing unbiased, data-driven methods for source identification and tool mark categorization. With a focus on convolutional and contrastive architectures, this study explores the potential of advanced neural network models for automated similarity evaluation, classification, and likelihood ratio estimation in forensic tool mark evidence. The investigation demonstrates that multivariate neural networks routinely outperform conventional correlation-based and statistical approaches, producing higher accuracy and lower error rates, using carefully selected datasets of consecutively made tools and fired cartridge cases. Extensive data augmentation and interpretability frameworks minimize key technical issues, such as feature extraction under varying angles and substrates and dataset restrictions. According to benchmarking data, deep learning significantly improves the ability to distinguish between impressions from the same source and those from distinct sources, achieving over 95% sensitivity and specificity. Beyond performance, the study outlines paths for digital traceability and explainable AI integration, emphasizing the significance of algorithmic transparency, validation standards, and trial admissibility. The results provide useful suggestions for forensic professionals, legislators, and developers, advancing the transition from subjective examiner assessments to repeatable, algorithm-driven attribution. In the end, this work establishes the foundation for tool mark analysis in contemporary forensic practice that is more dependable, systematic, and legally defendable.

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COMPARATIVE ANALYSIS OF TRADITIONAL AND MODERN TECHNIQUES IN TOOLMARKS: A FORENSIC SCIENCE PERSPECTIVE

Volume III Issue IV /

COMPARATIVE ANALYSIS OF TRADITIONAL AND MODERN TECHNIQUES IN TOOLMARKS: A FORENSIC SCIENCE PERSPECTIVE Aswathy N C, LLM, Crime and Forensic Law, The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.153 Toolmark examination has been a mainstay of forensic research for more than a century, developing from simple visual inspection methods to sophisticated, technologically assisted analytical procedures. This study offers a thorough comparative analysis of both conventional and contemporary methods for toolmark identification, highlighting their practical usefulness in contemporary forensic investigations, methodological underpinnings, accuracy parameters, and inherent difficulties. Modern analytical techniques include advanced imaging technologies, 3D surface analysis, statistical modeling, and automated comparison systems to improve objectivity and reproducibility, whereas traditional methods mostly rely on the examiner’s skill and visual comparison using microscopes. The study emphasizes that rather than substituting one for the other, the most dependable results in forensic toolmark analysis come from combining traditional knowledge with contemporary technology developments. By strengthening accuracy, efficiency, and judicial dependability, this hybrid approach creates a more scientifically sound foundation for forensic toolmark analysis in the twenty-first century.

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ROLE OF TOOLMARK EVIDENCE IN LINKING SUSPECTS TO CRIME SCENE

Volume III Issue IV /

ROLE OF TOOLMARK EVIDENCE IN LINKING SUSPECTS TO CRIME SCENE Lavael Selsiya A, The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.152 This paper examines the forensic significance of toolmark evidence in establishing definitive physical links between perpetrators, their instruments, and criminal acts. Toolmarks classified as striations or impressions are created when a tool’s working surface alters a softer material, such as during a forced entry, wire cutting, or firearm discharge. The central principle of toolmark analysis is individualization: microscopic manufacturing defects and subsequent wear patterns on a tool create a unique, reproducible “toolmark signature.” Forensic examiners apply comparison microscopy to precisely analyze and compare the unique features found on the evidence mark (from the crime scene) with test marks generated by a suspect’s recovered tool. A positive match provides powerful corroborative evidence, directly linking a specific tool and by extension, its owner to the scene of the crime or to a series of connected incidents. Despite inherent challenges, modern techniques, including 3D profilometry and digital analysis, continually enhance the objectivity and reliability of this discipline. Ultimately, toolmark evidence plays a pivotal role in criminal investigations, often providing the crucial, non-circumstantial proof required to secure convictions and resolve cases.

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ONLINE DISPUTE RESOLUTION (ODR) AND ACCESS TO JUSTICE IN INDIA

Volume III Issue IV /

ONLINE DISPUTE RESOLUTION (ODR) AND ACCESS TO JUSTICE IN INDIA Dr. Madhuri D. Kharat, Assistant Professor, School of Law, The NorthCap University, Gurugram (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.151 Another revolutionary tool that can reinvent the access to justice contours in India is Online Dispute Resolution (ODR). ODR is a technologically viable and scalable alternative to judicial pendency, which in a country where traditional courts continue to be plagued by procedural backlog, geographical access, and litigation prohibitiveness, is out of proportion with over five crore cases case pendency. The fast growth of digital infrastructure, which occurs due to such efforts as Digital India, the spread of fintech services, and the development of e-commerce, has caused an increase in the number of conflicts that have to be effectively resolved in a short period of time. It is against this background that ODR can democratise the process of justice especially in matters of small value claims, consumer disputes, MSME conflicts, and cross border transactions. Nevertheless, ODR in India is at its inception. The lack of a specific statutory framework, unequal digital literacy, privacy and data protection concerns, a lack of standardisation of the processes and the digital gap still hamper its acceptance. The importance of ODR has been recognized in judicial pronouncements, reports on government policies, and institutional pilots, but more formal methods of integrating it with formal justice systems are suggested to be necessary. New legal contexts are forming with the introduction of the Digital Personal Data Protection Act, 2023, and the continued institutional transformation, which require the attention of scholars. This research paper is a critical review of how ODR is associated with access to justice in India. It discusses the development, models, institutional growth, regulatory issues and world practices. Moreover, it reviews the implication of AI-based dispute resolution and whether ODR can address traditional adjudication in any meaningful way, or replace or change it. The paper ends with solid suggestions to be addressed to make ODR a valid, safe, and inclusive justice dispensing tool. These findings indicate that although ODR cannot substitute courts, it can very well supplement the justice system should they be backed by sound legal and technological systems.

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FROM CLASSROOM TO COURTROOM: THE LEGAL DUTY OF LAW SCHOOLS TO DELIVER ACCESS TO JUSTICE IN THE PHILIPPINES

Volume III Issue IV /

FROM CLASSROOM TO COURTROOM: THE LEGAL DUTY OF LAW SCHOOLS TO DELIVER ACCESS TO JUSTICE IN THE PHILIPPINES Darren Javier Gonzales, Associate Professor, John Wesley School of Law and Governance, Wesleyan University-Philippines Reena Clarisse Aviñante Carlos, Associate Professor, Graduate School, Wesleyan University-Philippines Download Manuscript doi.org/10.70183/lijdlr.2025.v03.150 Access to justice is the cornerstone of constitutional democracy and an enduring challenge in societies marked by structural inequality. In the Philippines, where the cost of legal services remains prohibitive for many citizens, law schools have become critical sites for extending justice beyond the courtroom. This study examines the doctrinal foundations of the Clinical Legal Education Program (CLEP) and argues that the obligation of law schools to provide supervised legal aid is not merely pedagogical or voluntary but a binding legal duty derived from constitutional, statutory, and judicial authority. Using the doctrinal method, the research systematically analyzes the hierarchy of legal norms that underpin this obligation. It interprets the constitutional guarantee of access to justice under Articles II and XIII of the 1987 Constitution in conjunction with the Supreme Court’s regulatory power under Article VIII, Section 5(5). These constitutional principles are operationalized through Republic Act No. 7662 (Legal Education Reform Act of 1993), Rule 138-A of the Rules of Court, and Administrative Matter No. 19-03-24-SC, which institutionalizes CLEP as a prerequisite for Bar admission. The 2023 Code of Professional Responsibility and Accountability (CPRA) further reinforces this framework by embedding access to justice as an ethical and professional obligation. The study concludes that clinical legal education in the Philippines represents a juridically complete model where education, ethics, and justice delivery converge. It situates law schools as constitutional actors in democratizing access to justice and shaping socially responsible lawyers. By grounding social responsibility in enforceable legal norms, the Philippine CLEP offers a replicable model for developing democracies seeking to align legal education with constitutional commitments to equality and justice.

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