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RESEARCH & SCHOLARSHIP
Majesty International Legal Review
Fostering meaningful legal scholarship and contemporary academic discourse across national and international legal issues.
Scope and Limits of Judicial Discretion in Sentencing Life Convicts for Murder
Abstract This research paper examines the evolution of the concept concerning the punishment for murder committed by a life convict. Along with this, we will also take a look on definition of “lifetime imprisonment”. This will lead us to power of discretion of judges while delivering judgements. Historically, section 303 of IPC has been struck down in Mithu v. State of Punjab due to unconstitutional principle by violating Article Articles 14 and 21 of the Constitution by de
Saksham Raj
Sep 211 min read
The Marital Rape Exception in India: Constitutional Fault Lines and the Case for Measured Reform
ABSTRACT The institution of marriage has long been treated in Indian law as a shield against criminal liability for sexual violence between spouses. Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 — which replaces the erstwhile Exception 2 to Section 375 of the Indian Penal Code — continues to exclude non-consensual sexual intercourse by a husband upon his wife from the definition of rape, subject to certain conditions. This paper critically examines the consti
Tanishq Vaishnav
Aug 141 min read
Jurisdiction in the Age of Artificial Intelligence: Rethinking Criminal Liability Across Algorithmic Borders
ABSTRACT The rapid integration of artificial intelligence (AI) into everyday technologies has fundamentally altered the nature of criminal activity and its regulation. Unlike traditional crimes anchored in physical territories, AI-driven offences often operate across decentralized digital environments, challenging the conventional principles of criminal jurisdiction. This shift raises a critical question: how can legal systems attribute criminal liability when harmful outcome
ANKITA ANAN
Aug 141 min read
INTELLECTUAL PROPERTY RIGHTS IN DIGITAL ERA
Abstract: Intellectual property (IP) refers to creations of the human mind that are protected by law. It gives creators and owners exclusive rights over their inventions, artistic works, brand names, designs, and other original creations. Digital era like internet, social media, e-commerce and digital platforms easily misuse intellectual property rights. Today's creative works can be instantly copied and distributed worldwide through digital platforms easily. In digital era p
Nithyasree Chukka
Jul 210 min read
Recognising Ecocide as an International Crime: Promise,Limitations, and the Challenge of Corporate Environmental Harm
Abstract The environmental destruction around the world has been growing at a massive rate, this has led to various debates surrounding the adequacy of existing international legal mechanisms, in addressing the severe ecological harm. This paper tries to examine whether ecocide should be recognised as a fifth core international crime under the Rome Statute of the International Criminal Court (ICC) and also evaluates the challenges that are associated with extending criminal a
T Roshini Mahalakshmi
Jul 215 min read
NO MEANS NO-A Study On The Concept Of Marital Rape Case and its Effect In The Life Of A Woman In India
ABSTRACT What is rape ? Is it only about having sexual intercourse with an adult or minor, fear of intimidation,penetration and manipulating the women’s any body part? Or does it include, against of willingness, lackof free consent(coercion) orabsence of voluntary consent and psychologicalpressure also? Under section 63 of the Bharatiya Nyaya Sanhita2023, Rape is committed when a man engages in sexual intercourse or other specified sexual acts involving penetration of a woman
Titli Das
Jul 223 min read
THE MARITAL RAPE DEBATE IN INDIA:ANALYSING THE CURRENT JUDICIAL LANDSCAPE AND ITSCONSTITUTIONAL IMPLICATIONS
ABSTRACT The issue of marital rape remains one of the most contested and unsolved legal debates in India. While rape is criminalized under Indian Law, sexual intercourse by a husband with his wife continues to remain exempt from prosecution under the marital rape exception, historically contained under Exception 2 to Section 375 of the IndianmPenal Code, 1860. This legal position has generated intense constitutional, social, and judicial debate concerning the autonomy, dignit
Anjali Singh
Jul 117 min read
ENCOUNTER KILLINGS IN INDIA: LEGAL FRAMEWORK, ACCOUNTABILITY AND REFORM
ABSTRACT This paper examines the legal and constitutional framework governing encounter killings in India, with particular emphasis on the use of lethal force by law enforcement authorities. It analyses the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, along with important judicial pronouncements relating to police accountability and the protection of fundamental rights. The study further explores the historical, institution
Tanisha Patel
Jul 114 min read
Mob Lynching in India: Legal Challenges and Policy Responses
Abstract: Mob lynching has emerged as one of the gravest threats to the rule of law in contemporary India, manifesting as extra-judicial violence perpetrated by organised groups against individuals based on religion, caste, rumour, or perceived transgression of social norms. This paper examines the phenomenon of mob lynching in India through a tripartite lens encompassing its socio-political context, the existing legal architecture governing such violence, and the policy resp
yakshika kashyap
Jul 118 min read
Punishing Immaturity: Constitutional Limits on Juvenile Isolation and Its Measurable Neurological and Recidivism Consequences
Abstract Solitary confinement for juveniles persists across American detention facilities despite growing judicial recognition that children occupy a constitutionally distinct category from adults. The Supreme Court’s trilogy of Roper, Graham, and Miller has progressively anchored Eighth Amendment protection in what developmental neuroscience reveals about adolescent cognition and capacity for change. Yet conditions of confinement within those same facilities have received fa
Anushka Gupta
Jul 115 min read
CRIMINOLOGY FACETS IN A HOLISTIC WAY
ABSTRACT- Criminology is the specialized and systematic branch or domain of study, whose subject-matter at its core is the, study of crime, causes of crime, aftermath, and all interlinked facets of crime and for this due reason, initially the study of criminology crime was the same altogether with the study of penology that is punishment and later, the victimology that is the victim, and subsequently, with due evolution all these domains, at contemporary era have their own se
Mallika Kumari
Jul 19 min read
Revisiting gender assumptions in sexual offence law
I. Introduction Sexual violence is among the gravest offences recognised by criminal law because it strikes at a person's bodily integrity, dignity, and autonomy. In India, the offence of rape has traditionally been defined as a gender-specific crime, with women recognised as victims and men as perpetrators. Despite the comprehensive overhaul of criminal laws through the Bharatiya Nyaya Sanhita, 2023 (BNS), this fundamental approach remains unchanged. The rationale behind ret
Jaskeerat Khaira
Jun 3017 min read
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