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PEER-REVIEWED • OPEN ACCESS • ESTABLISHED 2014

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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Criminal Law
Procedural Fairness in the Trial of Summons Cases...
Sujithra P
Criminal Law8 min
Corporate Law
Harmonizing Economic Governance and Constitutiona...
Tomognoham Dey
Corporate Law8 min
Criminal Law
Bullets in the Beat: Glorification of Gun Culture...
Taranjot Singh
Criminal Law8 min
Criminal Law
Judicial Construction of Gender Identity
Chanchala Agarwal
Criminal Law8 min
Cyber Law/Defamation
Deepfake and Intellectual Property Rights: And It...
Vandana Preyshi
Cyber Law/Defamation8 min
Criminal Law
When Custody Ends in Death: Inquests and Magistra...
Priyadharshini Ramadass
Criminal Law8 min
Criminal Law
Search Warrants and Safeguards: Governing the Sea...
K. Deepanapriya
Criminal Law8 min
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Digital Due Process and the Right to Explanation

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Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

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Submitted Nov 28, 2024Updated Jan 11

Judicial Review of Automated Welfare Systems

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Submitted Oct 14, 2024Updated Dec 19

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Criminal Law

Procedural Fairness in the Trial of Summons Cases in India: A Critical Analysis under the Bharatiya Nagarik Suraksha Sanhita, 2023

Procedural fairness lies at the heart of the criminal justice system, guaranteeing that legal proceedings are carried out with legality, impartiality, and openness. In the Indian context, the adjudication of summons cases is a significant component of criminal justice, as it offers a streamlined process for offences that do not meet the threshold for warrant cases. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has replaced the Code of Criminal Procedure, 1973 (CrPC) in relevant proceedings, continues to provide a distinct procedural structure for summons cases in Chapter XXI, covering Sections 274–282. This research examines the extent to which the BNSS safeguards procedural fairness while promoting speedy and efficient disposal of criminal cases. It analyses the statutory provisions governing the statement of accusation, guilty pleas, examination of evidence, acquittal and conviction, absence of the complainant, withdrawal of complaints, discontinuance of proceedings and conversion of summons cases into warrant cases. The study also evaluates these provisions in light of the constitutional guarantees under Articles 14, 21 and 22 of the Constitution of India and the principles of natural justice. Although the BNSS retains the basic structure of summons-case procedure, its express provision under Section 274 permitting discharge where the accusation is groundless is significant. Nevertheless, questions remain concerning the adequacy of notice, the voluntariness of guilty pleas, access to legal assistance, the meaningful opportunity to defend oneself and the exercise of judicial discretion. The study argues that procedural simplification should not result in the dilution of the accused's fundamental rights. It concludes that the effectiveness of the BNSS must be evaluated not merely by the speed of disposal but also by the fairness, transparency and reliability of judicial outcomes.

Sujithra P
8 min
Corporate Law

Harmonizing Economic Governance and Constitutional Values: A Study of Compliance under SEBI, Competition, Tax, and Anti-Money Laundering Laws

This paper shows how a growing sense of justice among ordinary people forms a complex yet coherent framework of harmonious construction that ties modern Corporate Governance to the Indian Constitution. It firmly contends that the sword of Damocles in the Indian Constitution, a powerful means of piercing the corporate veil in major corporate governance failures, is inconsistent with Articles 14, 19 and 21, and is therefore 'not' fair, just, reasonable, fundamentally right and non-Arbitrary. In other words, mala fide intentions must override corporate governance norms to preserve the conscience of the Preamble's sanctity within the Constitution of India; otherwise, the exact opposite will be treated as a corporate governance statute or policy under Article 13(2) and the Doctrine of Severability, as curtailing public policy and posing a major threat that causes gross irritation within the lines of natural justice. It broadly surveys these substantive statutes as one manifesto of 'how': the SEBI Act, the Competition Act, the Income Tax Act and the Prevention of Money Laundering Act (PMLA) all fit the Indian Constitution's provisions on the substantive law of economic regulation, which seeks to fulfil the state's mandate under the Directive Principles of State Policy (DPSP), Article 39(b) and (c), to stop wealth from concentrating in a few hands. That policy is ultimately inconsistent with the Fundamental Rights to Equality and to Freedom of Trade and Commerce in Part III of the Constitution of India. By exposing glaring corporate governance failures, this study shows how routinely enforcement agencies upgrade de minimis procedural and disclosure defaults into white-collar crimes, peeling away the cosy veil of procedural double jeopardy in corporate law matters and thereby violating Article 14's ban on Arbitrariness, Article 19(1)(g)'s Right to Trade and Commerce, Article 20(3)'s protection against self-Incrimination, and the substantive due process protection during searches, seizures and attachments under Article 21. This study closes by proposing three novel statutory remedies: 1. Adoption of the "Lead Regulator Doctrine"; 2. Implementation of a Protected Foreign Quote that blocks criminal asset freezes by regulators until the underlying disputes are resolved; and 3. "Proportionality Audits" of new norms notified by SEBI. In the end, this study argues that market governance and freedoms are not mutually exclusive but are both essential pillars of a healthy economy, and it therefore advocates their harmonious coexistence as two sides of the same coin.

Tomognoham Dey
8 min 1
Criminal Law

Bullets in the Beat: Glorification of Gun Culture in Punjabi Songs and Cinema, Its Social Impact and the Limits of Legal Regulation in Punjab

Punjabi popular music and cinema now command a global audience, and a substantial part of that output turns the firearm, the criminal case and the defiance of police into emblems of status. The murder of singer Shubhdeep Singh Sidhu (Sidhu Moosewala) in May 2022, a series of first information reports against singers, executive bans on a gangster film and on songs that glorify weapons, and judicial directions of the Punjab and Haryana High Court have together made the question a live socio-legal controversy. This paper asks two questions. First, whether, and to what extent, songs and films that glorify gun culture contribute to violence and to the deterioration of law and order in Punjab. Second, whether the legal response of the State, comprising criminal prosecution, executive prohibition, film certification, digital takedown and judicial direction, is consistent with Article 19 of the Constitution of India. Drawing on media-effects scholarship, licensing data, reported prosecutions and case law, the paper argues that such content is better understood as a risk factor that normalises violence than as an independent cause of crime, and that the present regulatory approach is episodic, vague and vulnerable to constitutional challenge. It concludes with suggestions for a narrowly drawn, procedurally fair and evidence-based framework that targets incitement and real-world firearm misuse rather than aesthetic expression as such.

Taranjot Singh et al.
8 min 2
Criminal Law

Judicial Construction of Gender Identity

In the Indian legal system, earlier the doctrine of judicial construction of identity was known for its use w.r.t. juristic persons like government, deities, charities, etc., but with the SC's landmark judgment in NALSA vs. UOI (2014) we observed the extended application of this doctrine making the term 'gender' more inclusive by officially introducing the identity of '3rd gender'. The focus of the studies would be the legal position of all the genders considering their social, economic and historical standing within the insights provided by the Indian Judiciary through its pronouncements which will create an understanding of evolution of status of genders in India during different phases of history and at present. It is a noted fact that since independence women's safety and welfare has been given constitutional importance and judiciary's efforts in making these safeguards effective are steps toward the achievement of gender equality. Similarly now these safeguards are now being extended to 3rd gender and LGBTQ+ community as well. Though we still stand far behind our goal of gender equality but with the surfacing of cases of false allegations of rape or domestic violence against men or sexual harassment of men, compels the society to think that are we being too bias or too focused to a specific gender at the cost of the others. Here, we intend discuss about the modern issues faced by men in today's society which are either not taken account of or arising because of the extreme biasness towards other gender and how judiciary has been well able to maintain a balance between the principle of gender equality and preventing gender divide.

Chanchala Agarwal
8 min 1

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