LIJDLR

Volume IV Issue I

THE JUVENILE JUSTICE SYSTEM IN INDIA

Volume IV Issue I /

THE JUVENILE JUSTICE SYSTEM IN INDIA Pragati Kumari, LL.B./3rd Year/6th Semester Student at Amity Law School, Lucknow Campus (India) Astha Srivastava, Assistant Professor at Amity Law School, Lucknow Campus (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.58 The juvenile justice system in India now rests on a unified child rights framework that treats all persons below eighteen as children and distinguishes carefully between children in conflict with law and children in need of care and protection. The Juvenile Justice (Care and Protection of Children) Act, 2015, aligned with UNCRC standards, embeds principles of best interests, rehabilitation, diversion and institutionalisation as a measure of last resort, while the new criminal codes on substantive offences, procedure and evidence operate around this special regime. The study examines the evolution of this framework, the key substantive and procedural provisions on classification of children, age determination, bail and preliminary assessment, and the functioning of core institutions such as Juvenile Justice Boards, Child Welfare Committees, District Child Protection Units and Child Care Institutions. It analyses leading Supreme Court and High Court decisions that develop a rights-based, child-centric jurisprudence and interrogates continuing implementation deficits, including uneven institutional capacity, weak diversion mechanisms and gaps in aftercare. On this basis the research offers doctrinal and policy suggestions aimed at strengthening rehabilitation oriented responses, improving coordination across stakeholders and ensuring closer conformity with constitutional mandates and international child rights obligations.

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BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION

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BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION Ria Singh, 10th Semester Student at Amity Law School, Lucknow Campus (India) Dr. Arvind Kumar Singh, Associate Professor at Amity Law School, Lucknow Campus (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.57 This research examines how the existing international space law regime responds to the rapid expansion of commercial, strategic and dual use activities in outer space. It analyses the constitutional role of the United Nations space treaties, especially the Outer Space Treaty, and shows how soft law, UN practice and domestic legislation now carry much of the regulatory burden in areas like resource utilisation, space security and sustainability. The paper evaluates the international liability and registration framework, highlighting its limits when confronted with mega constellations, complex contractual chains and debris intensive operations. It then interrogates debates on space mining, the interpretation of non appropriation and claims that outer space forms part of the global commons. Special attention is given to security and militarisation trends, including anti satellite testing and behaviour based security norms. Against this backdrop, the study critically maps India’s evolving policy architecture, centred on the Indian Space Policy 2023, and identifies the requirements for a coherent national space activities statute. The research argues that a balanced future framework must integrate clarified treaty interpretation, stronger global norms on sustainability and security, and detailed domestic regulation that can safeguard both national interests and the collective interests of humankind.

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DEEPFAKE TECHNOLOGY, CYBERSTALKING, AND ONLINE HARASSMENT- A GENDERED ANALYSIS OF CYBERCRIME AND VICTIM PROTECTION MECHANISMS IN INDIA

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DEEPFAKE TECHNOLOGY, CYBERSTALKING, AND ONLINE HARASSMENT- A GENDERED ANALYSIS OF CYBERCRIME AND VICTIM PROTECTION MECHANISMS IN INDIA Aditi Singh Bhadauria, LLB 3rd year (6th semester) Student at Amity Law School, Lucknow Campus (India) Dr. Rajeev Kumar Singh, Assistant Professor of Law (Sr. Grade), Amity Law School Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.56 This paper examines how artificial intelligence enabled deepfakes, cyberstalking, and online harassment operate as gendered cybercrimes in India and how existing victim protection mechanisms perform in practice. It maps the production and circulation pathways of synthetic audio visual content, the tactics of surveillance, impersonation, doxxing, and threats, and the platform dynamics that accelerate harm through anonymity, virality, and algorithmic reinforcement. Using a doctrinal and socio legal method, the study analyses constitutional protections of privacy, dignity, equality, and speech limits, and evaluates statutory responses under the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and the post reform criminal law framework under the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023. It further assesses intermediary due diligence obligations and emerging judicial trends on injunctions, takedowns, and victim centric reasoning. The findings highlight recurring implementation gaps, including delayed FIR conversion, uneven cyber policing capacity, weak preservation and certification of electronic evidence, cross border attribution barriers, and inconsistent platform response to repeat uploads. The paper proposes a calibrated reform blueprint that strengthens evidence first investigation protocols, improves portal to FIR workflows, expands compensation and confidentiality safeguards, and aligns platform governance with proportionality and due process. It also identifies future research priorities on prevalence measurement, intersectional impacts, and efficacy of provenance and transparency standards. Comparative insights from the EU, UK, and Australia illustrate risk based platform duties, deepfake disclosure norms, and administrative takedown models, while cooperation tools inform cross border electronic evidence requests.

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THE DARK SIDE OF AI: CRYPTOCURRENCY AND CYBERCRIME: REGULATORY GAPS IN DIGITAL ASSET TRACING

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THE DARK SIDE OF AI: CRYPTOCURRENCY AND CYBERCRIME: REGULATORY GAPS IN DIGITAL ASSET TRACING Vishwajeet Singh, LLB 3rd year (6th semester) Student at Amity Law School, Lucknow Campus (India) Dr. Mudra Singh, Assistant Professor at Amity Law School, Lucknow Campus (India). Download Manuscript doi.org/10.70183/lijdlr.2026.v04.55 This paper examines how artificial intelligence is reshaping cryptocurrency-enabled cybercrime and why Indian regulatory architecture still struggles to trace, freeze, and prosecute virtual digital asset flows at speed. It maps the modern crime stack, from AI-assisted phishing and social engineering to ransomware, pig butchering, mixer use, and cross-chain laundering. It then evaluates India’s compliance perimeter under the PMLA notification covering VDA service activities, FIU-IND reporting obligations, CERT-In incident directions, and the evidentiary demands for electronic records under the Bharatiya Sakshya Adhiniyam, 2023 and procedural safeguards under the Bharatiya Nagarik Suraksha Sanhita, 2023. The analysis identifies persistent gaps: inconsistent Travel Rule implementation, weak governance for unhosted wallets and DeFi control points, uneven forensic readiness across platforms, and cross-border delays that allow rapid dissipation of value. The paper argues for traceability as infrastructure, not paperwork, and proposes a reform roadmap that combines minimum technical standards for logs and attribution artefacts, risk-tiered controls for high-risk transfers, stronger supervisory testing, and faster international cooperation mechanisms. The goal is a rights-respecting model that improves recovery for victims while preserving due process and data protection. It also situates these reforms within FATF standards and comparative models to ensure interoperability, predictability, and resilient prosecutions across jurisdictions globally.

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INTERMEDIARY LIABILITY IN INDIA POST 2021 RULES: A CONSTITUTIONAL BALANCE OF FREE SPEECH AND REGULATORY ACCOUNTABILITY

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INTERMEDIARY LIABILITY IN INDIA POST 2021 RULES: A CONSTITUTIONAL BALANCE OF FREE SPEECH AND REGULATORY ACCOUNTABILITY Madhumitha Gopinath, Author is an Advocate at Bar Council of Tamilnadu and Puducherry, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.54 The rapid expansion of digital communication platforms has significantly transformed democratic discourse in India, raising complex regulatory and constitutional questions regarding the liability of online intermediaries. Public expression is now increasingly mediated through digital intermediaries, particularly social media platforms, which has generated complex legal and constitutional questions regarding their regulation. An original protection of intermediaries under the Information Technology Act, 2000, Section 79, although conditional, was the protection of the so-called safe harbour by intermediaries. But with introduction of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, due diligence has been increased particularly among Significant Social Media Intermediaries. The question that is addressed in this paper is whether the post-2021 regulatory framework is a recalibration of intermediary responsibility as per Article 19(1)(a) of the constitution of India. Based on the successful case law in Shreya Singhal v. Union of India, the paper examines the application of constitutional precepts of proportionality, procedural protection and reasonable restriction in the digital context based on Article 19(2). Instead of considering the regulatory change as a break with the protection of free speech, this study assesses whether the changing frame indicates an effort at balancing between innovation, accountability, and constitutional freedoms. The paper concludes that the viability of intermediary regulation may be ultimately based on the balanced implementation, transparency, and reiteration of judicial control to make sure that digital regulation keeps in tune with the constitutional values.

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LAWS TO CURB CRIMES AGAINST WOMEN IN INDIA

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LAWS TO CURB CRIMES AGAINST WOMEN IN INDIA Vanshika, 10th semester B.A.LL.B (H) Student at Amity Law School, Lucknow Campus (India) Dr. Srijan Mishra, Assistant Professor at Amity Law School, Lucknow Campus (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.53 Crimes against women are still a serious social and legal issue in India and a serious human rights violation. Despite constitutional guarantees of fairness, respect, and personal freedom, women are subjected to a wide range of forms of brutality, involving domestic abuse, sexual assaults, harassment, cruelty related to dowries, trafficking in persons, and cybercrimes. The Indian legal system has created a comprehensive structure that includes judicial interventions, special laws, punitive measures, and constitutional safeguards in response to these enduring issues. India has made an effort to modernize its criminal justice system while maintaining and strengthening laws intended to protect women from assault, through the enactment of the Bharatiya Nyaya Sanhita, 2023, which has replaced the Indian Penal Code, 1860. In addition to special protective laws like the Protection of Women from Domestic Violence Act, 2005, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and laws addressing sexual violence and child protection, this research paper looks at the development and extent of laws passed to prevent crimes against women, with a focus on offenses under the Bharatiya Nyaya Sanhita. The research paper also examines how judiciary has advanced women’s rights via significant rulings and progressive interpretations. Despite the seeming strength of the legal structure, there remain significant gaps in societal attitudes, implementation, and enforcement remain. The paper concludes that effective protection of women requires not only strong laws but also institutional accountability, gender sensitization, awareness, and victim-centric justice mechanisms.

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RESTORING JUSTICE THROUGH COMMUNITY SERVICE UNDER CRIMINAL LAWS: A COMPARATIVE ANALYSIS OF INDIA AND SOUTH AFRICA

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RESTORING JUSTICE THROUGH COMMUNITY SERVICE UNDER CRIMINAL LAWS: A COMPARATIVE ANALYSIS OF INDIA AND SOUTH AFRICA Arya Raj, 3rd Year B.A. LLB Student at CHRIST (Deemed to be University) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.52 This doctrinal research paper undertakes a comparative analysis of community service as a restorative sentencing mechanism in the criminal justice systems of India and South Africa. The study examines the legal foundations, institutional frameworks, and practical implementation of community service as a non-custodial sanction designed to reconcile punitive justice with rehabilitative and restorative objectives. Using a doctrinal research methodology, the paper analyses constitutional provisions, statutory frameworks, and judicial decisions from both jurisdictions, along with relevant academic literature and policy reports. The research traces the historical evolution of community service within modern penological thought and evaluates its emergence as an alternative to incarceration aimed at reducing prison overcrowding while promoting offender accountability and reintegration. Particular attention is given to recent legislative developments in India, especially the recognition of community service under the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagrik Suraksha Sanhita, 2023, and these developments are compared with South Africa’s comparatively well-established framework under the Criminal Procedure Act, 1977 and its constitutionally grounded sentencing principles. The findings suggest that while both jurisdictions recognise the rehabilitative potential of community service, South Africa possesses a more structured institutional and supervisory system that facilitates its consistent application. In contrast, India’s framework, though recently strengthened by statutory recognition, continues to rely significantly on judicial discretion and lacks detailed implementation mechanisms. The paper argues that effective community service programmes can contribute to prison decongestion, offender rehabilitation, and community participation in justice processes. It concludes by proposing reforms aimed at strengthening sentencing guidelines, institutional supervision, and restorative practices in both jurisdictions, thereby enhancing the effectiveness of community service as a restorative criminal justice mechanism.

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CASE COMMENT: SULTHAN SAID IBRAHIM v. PRAKASAN & ORS., 2025 INSC 767

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CASE COMMENT: SULTHAN SAID IBRAHIM v. PRAKASAN & ORS., 2025 INSC 767 Saatvik, VI Semester Student pursuing BBA LLB (H.) at Vivekananda School of Law & Legal Studies, VIPS (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.51 This case comment analyses the decision of the Supreme Court of India in Sulthan Said Ibrahim v. Prakasan & Ors., 2025 INSC 767, which addresses significant procedural questions concerning impleadment of parties, the doctrine of res judicata, and the consequences of decrees for specific performance. The dispute arose from a suit seeking specific performance of an agreement to sell immovable property. After prolonged litigation across multiple judicial forums, the controversy before the Supreme Court primarily concerned whether a party impleaded as a legal representative under Order XXII of the Code of Civil Procedure, 1908 could subsequently seek deletion from the array of parties under Order I Rule 10(2) CPC, and whether such an application would be barred by the principle of res judicata. The Court examined the procedural history of the dispute, including the execution proceedings and applications for rescission of the contract under the Specific Relief Act, 1963. It reaffirmed that objections relating to impleadment must be raised at the earliest possible stage, and failure to do so may attract the bar of constructive res judicata. The judgment also clarified that where a decree for specific performance is granted in respect of immovable property held in exclusive possession of the defendant, delivery of possession may follow as an implied consequence of the decree even if not expressly granted. The ruling reinforces the importance of procedural finality and discourages litigants from raising belated objections aimed at delaying execution proceedings. By reaffirming established jurisprudence on res judicata and the scope of impleadment under the Code of Civil Procedure, the decision contributes to the broader objective of ensuring certainty and efficiency in civil litigation.

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PLATFORM LIABILITY AND DEEPFAKE PORNOGRAPHY: ARE INDIA’S INTERMEDIARY RULES FIT FOR THE AI AGE?

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PLATFORM LIABILITY AND DEEPFAKE PORNOGRAPHY: ARE INDIA’S INTERMEDIARY RULES FIT FOR THE AI AGE? Saloni Shashank Patil, Chhatrapati Shivaji Maharaj University, Panvel, Navi Mumbai, Maharashtra, India Satya Prakash Mishra, Chhatrapati Shivaji Maharaj University, Panvel, Navi Mumbai, Maharashtra, India Download Manuscript doi.org/10.70183/lijdlr.2026.v04.50 The advent of deepfake pornography significantly changes the way digital sexual abuse can be carried out. Deepfake pornography is a method of identity distortion and a violation of the individuals’ dignity, privacy, and sexual autonomy rights, which are protected by Article 21 of the Indian Constitution. It poses as a serious challenge to the constitutional adequacy of India’s intermediary liability framework. “The present regulatory framework under Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 rests on assumptions of intermediary neutrality and notice-based takedown, reflecting a pre-AI model of online harm. This article maintains that the existing framework, which is primarily a reactive takedown one, is constitutionally inadequate in a context where algorithmic systems are used not only to fabricate but also rapidly amplify synthetic sexual content. Based on constitutional jurisprudence recognising dignity and privacy as integral components of the right to life and personal liberty under Article 21 of the Constitution, the paper argues that the State has a corresponding duty to recalibrate platform governance beyond mere passive safe-harbour protection. Thus, the article advocates that instead of reacting to a notice-and-takedown system, a dignity-centric framework should be implemented, which, among other things, recognises the structural responsibility of platforms for AI-enabled harm. The article employs doctrinal analysis of Indian constitutional jurisprudence and a comparative examination of emerging regulatory approaches particularly the European Union’s Digital Services Act and the United Kingdom’s Online Safety Act to demonstrate how algorithmic amplification undermines the legal fiction of platform neutrality. The article contributes to debates on digital governance and platform accountability by reinterpreting intermediary liability through a constitutional dignity framework in the age of artificial intelligence.

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COMPETITION LAW IN DIGITAL ECONOMY

Volume IV Issue I /

COMPETITION LAW IN DIGITAL ECONOMY Divyanshi, VIII semester student/ BA-LLB, Student at Symbiosis Law School, Hyderabad (India) Prakriti Raghuvanshi, VIII semester student/ BA-LLB, Student at Symbiosis Law School, Hyderabad (India). Download Manuscript doi.org/10.70183/lijdlr.2026.v04.49 India’s digital economy has rapidly transformed market structures, creating new opportunities while simultaneously raising complex competition law concerns. The Competition Act, 2002, originally designed for traditional industries, does not fully account for digital market characteristics such as network effects, platform ecosystems, and data-driven algorithms. This paper examines how the Competition Commission of India (CCI) applies the Act to digital marketplaces through case studies involving Amazon, Flipkart, Google, and WhatsApp. Using doctrinal and case-based analysis, the study evaluates the effectiveness of existing competition law tools in addressing platform dominance, self-preferencing, and data-driven market power. The findings indicate that while the Act has demonstrated interpretative flexibility, reliance solely on ex-post enforcement remains insufficient in rapidly evolving digital markets. The paper therefore argues for a balanced regulatory approach combining strengthened merger scrutiny, recognition of data as a source of market power, and targeted ex-ante obligations for dominant digital enterprises. Such a framework would help ensure fair competition, promote consumer welfare, and support sustainable innovation in India’s digital economy.

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