Criminal Remedies For Copyright Infringement: A Comparative Look At India's Old And New Criminal Legislations

Copyright infringement is a serious issue within the realm of intellectual property law, demanding robust legal frameworks to safeguard creators' rights. India has recently introduced significant legislative reforms to modernize its legal system, the new statutes—Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam, 2023 (BSA)—replace the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the...

Need For Impartiality Standards To Arbitral Institutions

Arbitration's popularity in dispute resolution stems from its efficiency and the freedom offered by its promise of party autonomy. However, the legitimacy of any arbitral award hinges on its adherence to the fundamental principles of natural justice, which demands a neutral and impartial Arbitral Tribunal. The Indian legal framework comprising of the Arbitration and Conciliation Act, 1996 (“the Act”), together with judicial pronouncements, have established a robust framework to ensure...

'Community Service' Under The BNS – An Incomplete Yet Promising Penologocial Advancement

The BNS, 2023, has for the first time introduced 'Community Service' as an alternate to imprisonment[1]. This welcome step marks a significant shift in the sphere of penology under the Indian criminal justice system.Punishments seek to serve various objectives, some of which are retribution, justice, deterrence, reformation etc. Modern sentencing policies reflect a combination of several or all of these aims[2]. In 106 BC, Cicero wrote “Let the punishment fit the crime”. To this day, this...

Why Acknowledging Collective Dominance Matters In Perpetually Shifting Market Dynamics

There is a need to include Collective Dominance in India's Competition Act, ('the Act')which stems from several crucial factors. Firstly, the Indian market landscape has witnessed a proliferation of oligopolistic structures across various sectors, ranging from the food delivery industry to the airline industry. In such environments, the risk of collusion and tacit coordination among dominant players poses a significant threat to market dynamics and consumer interests. Tuis analysis ...

Bharathiya Nagarik Suraksha Sanhita 2023- A Critique

Bharathiya Nagarik Suraksha Sanhita 2023 (for short hereinafter referred to as“ Sanhita” ) replaces the Code of Criminal Procedure 1973 ( for short hereinafter referred to the as Code) . There can be no dispute that both Sanhita and Code deal with the procedure relating to criminal matters. The preamble to the Sanhita itself provides as follows “An Act to consolidate and amend the law relating to Criminal Procedure”. While the Code gives the title correctly as Code of Criminal...

Free Speech v. Digital Disinformation: How Is State Intervention In Social Media Content Moderation Being Navigated In USA & India

Recently, the United States (US) Supreme Court in Moody v. NetChoice, LLC (2024) refrained from issuing what could have been a landmark judgment on a pivotal issue: whether states can enact laws that limit the power of social media companies to moderate content. This case revolved around the constitutionality of laws enacted by Texas and Florida that aimed to restrict social media platforms from censoring user content or deplatforming individuals based on the platforms' guidelines. The lower...

Arbitration /Litigation/Mediation – Hobson's Choice Or Commonsense?

A recent Office Memorandum (OM) dated 03-06-2024 issued by the Department of Expenditure, Procurement Policy Division, Ministry of Finance, Government of India (GOI) has caused quite a stir in legal circles prompting the newly formed Arbitration Bar of India to shoot off a very strong letter to the Ministry of Finance. When I discussed the OM with a friend who is a former bureaucrat with experience in the government and private sector, he said that this is a typical knee-jerk reaction of...

Shamefully Misogynistic Section 69 Of Bharatiya Nyaya Samhita – Is This The Way Forward?

During the conduct of a project titled 'Project POSH' that I am part of, a student intern in utter dismay expressed her shock and disbelief at the new Section 69 of the then BNS Bill. I was happy at the political correctness and sensitivity in young law students, and uttered in hopeful soliloquy that the Bill might not be passed in that shape. It was disheartening to see the section in the Act as it was in the Bill. Now that the Act has been brought into force, academicians and lawyers...

Shackled In Sugar: Unjust Labour Practices In Maharashtra's Sugar Industry

The Maharashtra sugar industry counts for 1/3rd of the sugar production in our country. Its fertile sugarcane belts not only underpin the state's rural economy but also sustain the livelihoods of millions of workers who migrate from drought-affected regions during the harvest season. However, despite its economic pertinence, the sugar producing powerhouse has long been mired in severe labour exploitation. The backbone of the industry is its workers, who hailing from impoverished areas,...

The SC/ST (Prevention of Atrocities) Act: Ensuring Justice And Equality For Marginalized Communities

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, commonly known as the SC/ST Act, stands as a pivotal legislative measure in India aimed at safeguarding the rights of Scheduled Castes (SCs) and Scheduled Tribes (STs) from various forms of abuse, discrimination, and violence. This landmark legislation provides a robust framework to ensure justice for these marginalized communities, thereby addressing historical injustices and systemic discrimination they face....

Supreme Court judgement in Chief Engineer V. BSC&C On Section 29-A , Arbitration Act

In a short order passed on 13th May 2024, the Supreme Court dismissed a Special Leave Petition (“SLP”) in arising out of a judgment passed by the Meghalaya High Court in Chief Engineer v. M/s. BSC&C and C JV (“BSC”) in which it interpreted the expression “Court” in Section 29-A of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). The Supreme Court stated that the power to extend the mandate of an arbitral tribunal under Section 29(4) vests in the Court defined under Section...

The Change In Remand Law As Per The Bharatiya Nagarik Suraksha Sanhita, 2023.

Three new criminal laws have been passed by the Parliament to replace the existing Code of Criminal Procedure, 1973 (Cr.P.C.), the Indian Penal Code, 1860 (I.P.C.) and Indian Evidence Act, 1872 (I.E.A.). These new laws will come into force on 1 July 2024. However, even though the objective of the enactment of these laws were to create an empathy-driven legal framework, several provisions need to be reconsidered, since its enforcement will amount to a diametrically opposite result. The remand...