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Volume 2 (2026)

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Short Articles

EVIDENCE GENERATED BY THE INTERNET OF THINGS (IOT) AND ITS ADMISSIBILITY UNDER THE BHARTIYA SAKSHYA ADHINIYAM, 2023

This short article is authored by Prof. (Dr.) Nikhil Kashyap and Ripdiman Kaur, Assistant Professor, Department of Law, Delhi Global Institute of Management (DGIM), Faridabad, Haryana, India. 

ASTRACT

In all criminal and civil cases, the nature of digital evidence has transformed with the recent advancements in the field of the Internet of Things. IoT devices not only help in homes and offices but also provide help in courts, and data generated through these devices assist in establishing facts before courts. The evidence generated by the Internet of Things is quite decentralized and processed by artificial intelligence, which creates complexity regarding its authenticity, integrity, and admissibility as evidence. In India, the major legal framework, that is, the Bharatiya Sakshya Adhiniyam, 2023, recognizes electronic evidence. Still, no provisions address the challenges posed by the admissibility of data generated by autonomous Internet of Things devices. Within the framework of the Bharatiya Sakshya Adhiniyam, 2023, this article will critically analyze the admissibility of IoT-generated evidence and identify the existing loopholes in the legislation.

Keywords: Internet of Things (IoT); Digital Evidence; Electronic Evidence; Bharatiya Sakshya Adhiniyam, 2023; Admissibility of Evidence; Artificial Intelligence; Authentication; Integrity of Evidence; Autonomous Devices; Indian Evidence Law.

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Issue 1

SHORT ARTICLE- DIGITAL DATA PROTECTION IN INDIA: A CRITICAL STUDY OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

Vijay Kumar Verma, Research Scholar, Teerthanker Mahaveer University, Moradabad, Uttar Pradesh, India, and Dr. Radhey Shyam Jha, Professor, Uttaranchal University, Dehradun, Uttarakhand, India.

ABSTRACT

The Digital Personal Data Protection Act of 2023 marks a significant milestone in India’s evolving data governance framework, aiming to strike a balance between the fundamental right to privacy and the legitimate need for data processing in a digital economy. The Act, enacted in August 2023, establishes a comprehensive legal regime governing the collection, storage, processing, and transfer of digital personal data by introducing key concepts such as “data principal,” “data fiduciary,” and a consent-based processing mechanism, emphasizing individual autonomy over personal data. It grants individuals rights such as access to information, data correction and erasure, grievance redressal, and the ability to withdraw consent, while also requiring data fiduciaries to ensure lawful processing, data security, and breach notification, with significant penalties for noncompliance. Despite its progressive goal, the Act has faced criticism due to worries about extensive exemptions offered to government agencies, the Data Protection Board’s limited independence, and the potential erosion of openness rules. This study critically examines the structural framework, key provisions, and implications of the Act, highlighting both its strengths in enhancing data protection and its limitations in ensuring robust accountability. It also evaluates it in light of global standards such as the GDPR, emphasizing the need for stronger safeguards, clearer regulatory mechanisms, and effective enforcement to ensure meaningful data privacy protection in India’s rapidly digitizing society. 

Keywords: Digital Personal Data Protection Act, 2023; Data Privacy; Data Protection; Consent; Data Fiduciary; Data Principal; Right to Privacy; Cyber ​​Law; India; Data Governance; Information Technology Law

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SHORT ARTICLE- SANCTION BY SILENCE: THE DOCTRINAL AND CONSTITUTIONAL IMPLICATIONS OF DEEMED PROSECUTION SANCTION UNDER SECTION 218 OF THE BNSS

This article is authored by Prakarsh Pandey, Advocate practicing before the Allahabad High Court, Lucknow Bench, Uttar Pradesh, India.

ABSTRACT

In India, for a long time, the concept of prosecution sanction has been followed as a substantive constitutional safeguard, requiring the executive to apply its mind to the propriety of prosecuting a public servant for acts committed in the discharge of official duty. The Supreme Court of India has also built an elaborate jurisprudence around this and treats sanctions not as a mere formality. However, Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the “BNSS”) has changed the existing position. It added a new proviso to 218(1) imposing a 120-day time limit for the decision on sanction. The main change is that it provides that upon such failure, it will be deemed to have sanction been given. This research article discusses how deemed sanctions are counterproductive in that they do not provide substantive protection to public servants and do not create any accountability for subsequent prosecutions. Therefore, deemed sanctions create an unsound constitutional basis for all subsequent trials.

Keywords: Deemed Sanction, Section 218 BNSS, Application of Mind, Prosecution Sanction and Public Servant Accountability. 

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SHORT ARTICLE – HEALTH LAW AND MEDICAL JURISPRUDENCE

This short article is written by Ayush Mishra, a LLB student of Asian Law College, Noida.

Abstract

Health law and medical jurisprudence together form a dynamic interface between the
disciplines of medicine and justice, addressing the ethical, legal, and regulatory challenges
that arise in healthcare delivery. This field explores how legal frameworks safeguard patient
rights, regulate medical practice, and ensure accountability in cases of negligence,
malpractice, and bioethical dilemmas. At the same time, medical jurisprudence provides the
evidentiary and scientific basis for adjudicating disputes, guiding courts in matters such as
forensic medicine, consent, confidentiality, and emerging issues like biotechnology and
digital health. The intersection highlights the need for interdisciplinary collaboration, where
law interprets medical complexities and medicine informs legal reasoning. By bridging these
domains, health law and medical jurisprudence not only protect individual and public health
but also strengthen justice systems in adapting to evolving medical innovations and societal
expectations. This interface underscores the pursuit of fairness, ethical governance, and
human dignity in the administration of healthcare and justice.

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