LIJDLR

Volume IV Issue II

THE INTERSECTION OF INTELLECTUAL PROPERTY RIGHTS AND DISPUTE RESOLUTION: MECHANISMS, CHALLENGES, AND EMERGING FRONTIERS

Volume IV Issue II /

THE INTERSECTION OF INTELLECTUAL PROPERTY RIGHTS AND DISPUTE RESOLUTION: MECHANISMS, CHALLENGES, AND EMERGING FRONTIERS Diptajit Dasgupta, BBA LLB, 5th Semester, Student at KIIT School of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.204 Intellectual Property Rights (IPR) have become central to the modern knowledge-based economy, making the effective resolution of intellectual property disputes an increasingly significant legal and commercial concern. The growing internationalization of trade, digital commerce, technological innovation, and cross-border exploitation of intellectual assets has led to a corresponding rise in the volume, complexity, and transnational character of IPR disputes. This paper examines the intersection between intellectual property law and dispute resolution by analysing the mechanisms available for resolving disputes involving patents, trademarks, copyrights, geographical indications, and trade secrets. Employing a doctrinal and analytical research methodology, the study evaluates domestic litigation, administrative proceedings, arbitration, mediation, expert determination, and international dispute resolution frameworks operating under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO). The paper further examines the Indian framework for IPR dispute resolution, including recent institutional developments, compulsory licensing, Section 3(d) patent disputes, and the growing role of alternative dispute resolution mechanisms. The study finds that while courts continue to play a vital role in enforcing intellectual property rights, arbitration and mediation offer significant advantages in terms of confidentiality, technical expertise, procedural flexibility, and cross-border enforceability. It also identifies emerging challenges arising from artificial intelligence, standard-essential patents and FRAND disputes, digital piracy, platform liability, and the fragmented nature of international enforcement mechanisms. The paper concludes that the existing dispute resolution framework remains uneven and jurisdictionally fragmented. It recommends greater harmonisation of international enforcement standards, clearer rules on the arbitrability of intellectual property disputes, the strengthening of specialised adjudicatory institutions, reforms to international dispute settlement mechanisms, and enhanced accessibility of ADR processes for innovators, creators, and small and medium-sized enterprises. This would contribute towards a more efficient, coherent, and globally responsive system of intellectual property dispute resolution.

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CRIMINALISATION OF ONLINE BEHAVIOUR: MEME CULTURE, DARK HUMOUR & FREE SPEECH UNDER INDIAN LAW A LEGAL ANALYSIS & PROPOSAL OF THE CONTEXTUAL HARM TEST

Volume IV Issue II /

CRIMINALISATION OF ONLINE BEHAVIOUR: MEME CULTURE, DARK HUMOUR & FREE SPEECH UNDER INDIAN LAW A LEGAL ANALYSIS & PROPOSAL OF THE CONTEXTUAL HARM TEST Rohit Prasad Pal, Lawyer at District and Session court (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.203 The rapid evolution of internet culture, particularly meme culture and dark humour, has significantly outpaced the legal and judicial frameworks governing online expression in India. Digital satire, parody, and humorous content have emerged as important forms of public discourse; however, creators frequently face criminal proceedings under laws that were not designed to address the unique characteristics of online communication. This article examines the tension between the constitutional guarantee of freedom of speech and expression under Article 19(1)(a) of the Constitution of India and the potential criminal liability arising from online conduct under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Information Technology Act, 2000. Employing a doctrinal legal research methodology, the study analyses relevant constitutional provisions, statutory frameworks, judicial precedents, and scholarly literature relating to online speech regulation. Particular attention is devoted to BNS provisions concerning defamation, public mischief, promoting enmity, obscenity, and religious offence, as well as Sections 67 and 67A of the Information Technology Act, 2000. The article evaluates the manner in which these provisions have been applied to memes, political satire, and dark humour, highlighting the absence of a coherent legal standard for distinguishing protected expression from punishable conduct. To address this doctrinal gap, the article proposes a Contextual Harm Test (CHT), a four-pronged analytical framework requiring consideration of: (i) communicative intent, (ii) actual or probable harm, (iii) audience reception within the relevant digital community, and (iv) the proportionality of criminal prosecution as a response. The proposed framework draws upon constitutional free speech principles, the harm principle, and contemporary proportionality jurisprudence. The article argues that adoption of the CHT by courts or through legislative reform would promote greater consistency, protect legitimate online expression, and ensure that criminal sanctions are reserved for conduct causing genuine and demonstrable harm.

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THE FRICTION OF FINANCIAL ERASURE: AN ANALYTICAL STUDY ON THE LEGAL CONFLICT

Volume IV Issue II /

THE FRICTION OF FINANCIAL ERASURE: AN ANALYTICAL STUDY ON THE LEGAL CONFLICT Chetanosho Shrikant Chilwant, Ph.D. Research Scholar at Yashwantrao Chavan Law College & Ph.D. Research Centre, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.202 The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) marks a significant development in India’s evolving data governance framework by recognizing the right to erasure as an extension of the constitutional right to privacy affirmed in Justice K.S. Puttaswamy v. Union of India. However, the practical implementation of this right generates substantial legal friction when applied within the financial sector, where the Prevention of Money Laundering Act, 2002 (PMLA) and the Prevention of Money Laundering (Maintenance of Records) Rules, 2005 require financial institutions to retain transaction records and customer identification data for regulatory and investigative purposes. This tension has acquired additional significance in light of the DPDP Rules, 2025 and the ongoing constitutional scrutiny of the data protection regime in Venkatesh Nayak v. Union of India, which raises broader concerns regarding privacy, surveillance, and governmental access to personal data. This paper critically examines whether the PMLA operates as an absolute legislative override to the right to erasure or whether both regimes can be harmoniously interpreted through principles of statutory construction and constitutional proportionality. Drawing upon comparative jurisprudence under the European Union’s General Data Protection Regulation (GDPR), international standards developed by the Financial Action Task Force (FATF), and emerging regulatory technologies, the study argues that privacy and anti-money laundering objectives need not be mutually exclusive. It proposes a three-tiered governance framework consisting of Hard-Delete Protocols for non-regulated data, Encrypted Cold Storage for legally mandated retention records, and a transparent Denial Register to document justified refusals of erasure requests. The paper concludes that a layered data governance strategy offers a legally sustainable mechanism for preserving both individual privacy rights and systemic financial integrity within India’s digital economy.

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FORENSIC FINGERPRINTING: SCIENTIFIC ACCURACY AND LEGAL ADMISSIBILITY IN CRIMINAL TRIALS

Volume IV Issue II /

FORENSIC FINGERPRINTING: SCIENTIFIC ACCURACY AND LEGAL ADMISSIBILITY IN CRIMINAL TRIALS Sornalakshmi V S, 4th Semester, Student at the Tamil Nadu Dr Ambedkar Law University, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.201 Fingerprint evidence has developed as one of the most important forms of scientific evidence used in criminal investigations and court processes. Fingerprint identification’s reliability is mainly based on the principles of individuality and permanence. These principles have helped courts and investigating agencies to use fingerprint analysis as an effective mechanism for establishing identity and connecting accused people to crime scenes.  Recent years have seen the evolution of forensic science and digital technologies such as Automated Fingerprint Identification Systems (AFIS), biometric databases and digital imaging techniques which have greatly enhanced the efficiency and accuracy of fingerprint analysis. Fingerprint evidence, regardless of its probative value, continues to present substantial legal and constitutional problems. Poor collection procedures, bias on the part of examiners, partial prints, contamination and technical deficiencies can compromise the reliability of forensic findings and lead to wrongful convictions. Moreover, the increasing proliferation of biometric surveillance and centralised data collection systems has led to heated debates as to privacy rights, data protection and state surveillance especially following the constitutional recognition of privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India. This research critically reviews the scientific basis of fingerprint identification, the legal regime for fingerprint evidence in India and some landmark judicial pronouncements on the admissibility and constitutional limitations of fingerprint evidence. The report also looks at the implications of the Criminal Procedure (Identification) Act, 2022 and the Digital Personal Data Protection Act, 2023 on the collection, storage and preservation of biometric evidence. It ends with recommendations for reforms to improve forensic accountability, procedural safeguards, scientific standardisation and privacy protection within India’s criminal justice system.

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CYBER CRIME AND CHANGING CONTOURS OF CRIMINAL LIABILITY IN CYBERSPACE: A LEGAL AND POLICY PERSPECTIVE

Volume IV Issue II /

CYBER CRIME AND CHANGING CONTOURS OF CRIMINAL LIABILITY IN CYBERSPACE: A LEGAL AND POLICY PERSPECTIVE Manasa Ranjan Mishra, Assistant Professor at ICSS Law College, Bhadrak, Odisha (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.200 The rampant proliferation and exponential surge of digital technologies have brought about drastic transformation in the genre, and modus operandi of criminal activities in cyberspace. Cyber-crime, being heterogenous unlike conventional crimes, is distinguished by the trait of its obscurity, cosmopolitan presence and technological intricacy that purporting to pose potential threat to traditional nuances of criminal liability embedded in territorial jurisdiction and physical presence. The present paper attempts to trace the genesis of evolving landscape of criminal liability in cyberspace in terms of legal and policy dimensions with special reference to Indian Context. The paper examines the efficacy of prevailing legal frameworks like “IT Act, 2000 and BNS, 2023 in mitigating cyber threats. It tries to unfold strategic issues like ascribing liability in unfamiliar surroundings, jurisdictional disputes in transnational offences, accountability of intermediaries in digital platforms, and evidentiary bottlenecks involved in digital forensics. Further this study emphasizes the burgeoning significance of artificial intelligence that accentuates the complexities of conventional notion of criminal liability. This study acknowledges the fact that despite of enormous stride of cyber regulatory ecosystem in India, still the changing dynamics of cyberspace calls for erecting a robust institutional infrastructure and legal acclimatization. In the matter of policy perspective, this study recognizes large discrepancy in regulatory enforcement, technological prowess, and transnational partnership. The paper cast a concluding observation in fostering a techno-legal mix of perceptions which ought to imbibe international efforts and capacity building initiatives into legislative reforms. The study put emphasis on arriving at a balanced approach to strengthening cyber security, while upholding fundamental rights of privacy and freedom of expression. Eventually, the paper underlines that to have a meaningful and responsive legal system to cyber-crime; it is highly imperative to revisit the contours of criminal liability in cyberspace.

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ROLE OF DNA PROFILING IN FORENSIC SCIENCE UNDER THE CRIMINAL JUSTICE SYSTEM

Volume IV Issue II /

ROLE OF DNA PROFILING IN FORENSIC SCIENCE UNDER THE CRIMINAL JUSTICE SYSTEM Appoorvaa S, LL.M (Criminal Law and Criminal Justice Administration), 4th Semester, Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.199 DNA profiling is one of the most significant developments that have transformed the area of forensic science, providing a highly reliable method of identification of humans. DNA profiling in criminal investigation is greatly helping various law enforcement agencies to identify criminals, whether guilty or innocent. In India, DNA evidence is increasingly being used in serious criminal cases such as murder, sexual assault, and paternity, indicating that DNA profiling is gaining importance as evidence in the criminal justice system. This article aims to critically examine the importance of DNA profiling in forensic science and law, specifically with regard to its evidentiary value under the Indian legal system. Furthermore, this article attempts to examine the scientific basis of DNA profiling and its admissibility as evidence under various provisions of law such as the Bharatiya Sakshiya Adhiniyam, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023. The paper further delves into important judicial pronouncements such as Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik and Krishan Kumar Malik v. State of Haryana, which have also helped in building the legal framework surrounding DNA evidence in India. Furthermore, this article addresses the legislative vacuum left by the withdrawal of the DNA Regulatory Bill and the privacy risks posed by the Criminal Procedure (Identification) Act, 2022. Although DNA profiling is the most accurate method for identification, the increasing trend of using this technology also gives rise to serious legal and ethical issues in relation to privacy, consent, and the possible misuse of genetic information. The lack of an effective legal framework in this regard makes it even more complex. The article concludes that even though DNA Profiling is an essential element in the current criminal investigation system, its use must be regulated in such a manner that a proper balance is achieved in effective law enforcement and the protection of fundamental human rights.

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ELITE CLASS DEVIANCE AND CRIME ACCOUNTABILITY: A STUDY OF THE WANCHOO COMMITTEE REPORT (1971)

Volume IV Issue II /

ELITE CLASS DEVIANCE AND CRIME ACCOUNTABILITY: A STUDY OF THE WANCHOO COMMITTEE REPORT (1971) Appoorvaa S, LL.M (Criminal Law and Criminal Justice Administration), 4th Semester, Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.198 The Wanchoo Committee Report (1971), also known as the Report of the Direct Taxes Enquiry Committee constituted under the chairmanship of Justice K.N Wanchoo, was a major turning point in the Indian government’s attitude towards black money and tax compliance. Formed into a scenario where high taxation rates, tax evasion, and unaccounted wealth were pressing issues, the Committee made a thorough review of the direct tax system. It coined the important term “parallel economy,” pointing out the role of hidden income, corporate sector activities, benami transactions, and international financial systems in the growth of black money. The report focused on more than individual tax evaders and pointed to structural issues like policy failures, administrative deficiencies, and social tolerance of tax evasion. The report differentiated between tax evasion and tax avoidance, scrutinized tax arrears and abuse of exemptions, and proposed structural changes like taxpayer identification, mandatory audits, enhanced enforcement powers, and faster dispute resolution. This paper will discuss the Wanchoo Committee Report in the context of elite class deviance and crime accountability, suggesting that the report was one of the first to acknowledge economic crime as a challenge to governance. The report’s recommendations are still valid in today’s legal system dealing with benami properties, money laundering, and financial disclosure.

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TOWARDS A CIRCULAR ECONOMY: LEGAL GOVERNANCE OF END-OF-LIFE VEHICLES IN INDIA

Volume IV Issue II /

TOWARDS A CIRCULAR ECONOMY: LEGAL GOVERNANCE OF END-OF-LIFE VEHICLES IN INDIA K.M.Nanditha, Assistant Professor at ISBR Law College, Bengaluru, Karnataka (India) Aswath Reddy M, Assistant Professor at Patel Law College, Bengaluru, Karnataka (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.197 The growth of urban areas in India and the increased ownership of motor vehicles, has led to a large number of end-of-life vehicles (ELVs) being produced, creating a serious issue for urban waste management and environmental governance, if these ELVs are not effectively regulated, they can cause serious environmental damage, risk to public health and wastage of resources when disposed of, particularly within densely populated urban centres where most ELVs are dismantled by informal operators. This research paper will conduct a critique and examination of the legal and regulatory framework associated with ELVs in India in order to identify opportunities to integrate principles of circular economic into the management of ELVs to create sustainable governance throughout all stages of the life cycle of a vehicle. Utilising a doctrinal research methodology the study will review and address constitutional provisions; the environmental jurisprudence developed from Article 21 of the Constitution of India and relevant key pieces of legislation such as Environment (Protection) Act; Motor Vehicles Act; Hazardous and Other Wastes Rules; E-Waste Rules and policy instruments such as the National Vehicle Scrappage Policy; the proposed circular economy frameworks from NITI Aayog. The review of laws, regulations and policies will highlight key regulatory gaps in governing ELVs, including the lack of ELV specific legislation, dominance of formal recycling sector, weak law enforcement mechanisms, poor implementation of extended producer responsibility and limited inter-agency cooperation. This article presents a holistic legal system concerning circular economy principles; thus, it emphasizes establishing dedicated ELV legislation, improving EPR obligations and formalising informal recycling systems. It further discusses enhancing co-ordination of institutional mechanisms and consumer driven incentives to encourage environmentally responsible disposal practices. Finally, the research has demonstrated that an integrated ELV regulation frameworks combined with legally binding circular economy frameworks create urban waste challenges opportunities to increase resource efficiency and foster sustainable development.

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HUMAN RIGHTS OF PRISONERS IN INDIA: A CRIMINOLOGICAL AND CONSTITUTIONAL STUDY

Volume IV Issue II /

HUMAN RIGHTS OF PRISONERS IN INDIA: A CRIMINOLOGICAL AND CONSTITUTIONAL STUDY Geetanjali Sharma, LLM, 2nd Semester, Student at Jagannath University (India) Dr. Alaknanda Rajawat, Jagannath University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.196 The issue of prisoners’ human rights in India lies at the intersection of constitutional law and criminological thought. This study examines how far the Indian legal system ensures the protection of these rights by analyzing constitutional provisions, judicial developments, and the actual conditions within prisons. With particular focus on Articles 14, 19, and 21 of the Constitution, the research highlights the role of the judiciary in broadening the meaning of fundamental rights to include dignity, protection from abuse, access to legal assistance, and humane treatment during detention. The study adopts a doctrinal and analytical approach, drawing upon constitutional provisions, statutory laws, and significant judicial decisions relating to prison administration. It also involves criminological theories of punishment, especially the transition from punitive models to reformative approaches, in order to understand the importance of protecting prisoners’ rights within a modern justice system. The analysis points to a continuing gap between legal standards and actual practice. Despite strong constitutional safeguards, Indian prisons face ongoing issues such as overcrowding, inadequate medical facilities, limited access to legal aid, and administrative shortcomings. These challenges indicate that the existence of legal protection alone is insufficient without effective implementation. The findings suggest that although prisoners’ rights are well established in law, their realization is hindered by structural and institutional constraints. From a criminological perspective, these shortcomings weaken rehabilitation efforts and increase the likelihood of repeat offending. The study concludes that meaningful reform requires a shift towards a more rights-oriented and rehabilitative approach, supported by updated legal frameworks, stronger institutional accountability, and improved governance practices. Ensuring the protection of prisoners’ rights is essential for maintaining constitutional values and promoting a more humane and effective criminal justice system in India.

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WHY INDIA HAS NOT CRIMINALIZED MARITAL RAPE: LEGISLATIVE HISTORY, JUDICIAL STANCE, AND SOCIETAL RESISTANCE

Volume IV Issue II /

WHY INDIA HAS NOT CRIMINALIZED MARITAL RAPE: LEGISLATIVE HISTORY, JUDICIAL STANCE, AND SOCIETAL RESISTANCE Divya Soni, BBA LLB (H), 2nd Semester, Student at Jaipur National University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.195 India is among the decreasing numbers of countries where there exists an exemption to husbands from criminal liability for committing sexual assault against their spouses. Section 375 of the IPC, which is currently reiterated without any changes in BNS, 2023 through Exception 2, makes it clear that sexual intercourse or sexual acts by a man with his own wife, provided that the wife does not constitute a minor under the age of eighteen years, is not rape. In this paper, I am going to analyze how this exception has been developed from its origin, its continuity in legislation, its legal interpretation, and its social justification, arguing that this exception continues to exist as a result of legal negligence but rather a purposeful achievement through patriarchal legal inertia, an inconsistent conservative court, and social customs regarding marital relations. Using feminist legal theory perspective and comparing laws from the United Kingdom, South Africa, and Nepal, this paper examines how the exemption began as an English Common Law provision, was incorporated via the British colonial administration into the IPC in 1860, survived multiple reforms after Indian independence, and faced its ultimate judicial challenge in the 2022 split decision from the Delhi High Court. The paper further evaluates the psychological, constitutional, and socio-economic costs imposed on survivors by legal non-recognition of marital rape, while recommending deletion of Exception 2 under Section 63 of the Bharatiya Nyaya Sanhita and advocating reform grounded in Articles 14, 19, and 21 of the Constitution to secure bodily autonomy, dignity, and equal protection within marriage.

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