Q. The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system.

Model Answer:

Bharatiya Nyaya Sanhita (BNS)

The Bharatiya Nyaya Sanhita (BNS) represents a significant shift in India’s judicial philosophy, emphasizing justice, equality, and impartiality rooted in Indian culture and ethos.

• Justice: BNS moves away from a purely punitive approach towards restorative justice. It prioritizes victim compensation and rehabilitation, reflecting the Indian principle of ‘sarve bhavantu sukhinah’ (may all be happy). The law aims to expedite trials and reduce pendency, addressing the ethical maxim that justice delayed is justice denied.

• Equality: The new law strengthens provisions for marginalized groups, including women, children, and scheduled castes/tribes. It introduces stricter punishments for crimes against these groups, embodying the constitutional ideal of equality before the law. This aligns with the Indian ethos of ‘vasudhaiva kutumbakam’ (the world is one family).

• Impartiality: BNS incorporates measures to ensure fair trials and unbiased investigations. It mandates video recording of search and seizure operations, reducing the scope for evidence tampering. This reflects the principle of ‘nishpakshata’ (impartiality) in Indian judicial tradition.

The shift from punishment to justice is evident in:
– Focus on reformation and rehabilitation of offenders
– Emphasis on alternative dispute resolution mechanisms
– Introduction of community service as a form of punishment

This approach aligns with the Indian philosophy of ‘danda’ (punishment) as a means of social correction rather than mere retribution.

Conclusion: BNS marks a paradigm shift towards a more ethical, culturally rooted justice system, potentially transforming India’s legal landscape.