Categories
Criminal

Rethinking Witness Compensation: A Two-Pronged Approach to Reforming India’s Legal System

Aaditi Anand Sinha Introduction While discourse on Witness Protection Scheme has seen another development, with Assam drafting its own Scheme under Bharatiya Nagarik Suraksha Sanhita 2023 [“BNSS”], there is hardly any discussion on an equally important aspect–compensation provided to the witnesses for their statements although courts have reiterated its importance time and again. Mere safety […]

Categories
Family Law

Live-in relationships and the right of maintenance: Assessing legal recognition in light of Uttarakhand’s UCC

Advaith Agrawal & Abhishek Sanjay Introduction The number of people entering into live-in relationships in urban areas has significantly increased over the past few decades. There is a rapid shift away from the legal complexities associated with the institution of marriage. Young couples prefer to share a common household for some time before getting a […]

Categories
Constitutional Law

Proportionality Principle in India: A Hollow Promise?

Aditya Jain & Ayushi Shukla Introduction The proportionality principle today forms an integral part of review jurisprudence around the globe, and India is no exception. Tracing its origin from the German Constitutional Courts in the 19th century, the principle was developed in the context of administrative law to regulate police action while dealing with individual […]

Categories
Competition Law

Balancing Transparency and Confidentiality: Critique with Comparative Analysis on the Confidentiality Regime in India – Part II

Pragyan Sucheta Panda & Aryan Rawat Takeaways from Reports and Surveys of ICN The International Competition Network (ICN) is an informal organization which addresses various concerns regarding competition. Importantly, ICN is not a law-making body and it just recommends the best practices in competition law in various jurisdictions. Individual member countries can consider these recommendations […]

Categories
Competition Law

Balancing Transparency and Confidentiality: Critique with Comparative Analysis on the Confidentiality Regime in India – Part I

Pragyan Sucheta Panda & Aryan Rawat Introduction Confidentiality has been a prominent issue while dealing with cases of competition laws. In the current ethos, with the emergence of excessive reliance on data and information by businesses, the domain of safeguarding sensitive information remains an open challenge. This calls for the competition regulators to strike a […]

Categories
Intellectual Property

AI, Smart Contracts, and Blockchain: The New Frontier of Intellectual Property Management

Mathews Verghese & Anisha Mishra Introduction The introduction of smart contracts, self – executing and self – enforcing mechanisms, post the Bitcoin boom of 2008, rallied a revolution within the technological industry. It provided methodology, to ensure compliance of contractual terms and maintenance of trust within parties. These contracts relied on pre – programmed sequences, […]

Categories
Criminal

Bail With Strings Attached: Frank Vitus v. NCB and the Electronically Monitored Bail in India

Prinshul Agarwal & Anubhav Singh Introduction Imagine being granted bail but then asked to surrender your privacy rights by sharing your real-time location with law enforcement. This was the situation faced by Frank Vitus, a foreign national, in the landmark case Frank Vitus v. NCB. The Supreme Court delivered a pivotal ruling, declaring that such […]

Categories
Media Laws

Countering the Proliferation of Review Bombing on the Internet: Upholding Due Diligence and Reinforcement of Obligation by Platforms

Arjun V Sunil Introduction While the advent of the digital age and the ubiquitous prevalence of social media in recent years has resulted in a powerful medium for the dispersion of important information, it has also led to a surge in targeted and concerted effort to spread misinformation and defamation. The Kerala High Court’s recent […]