Q5. (b) The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equity and Impartiality based on Indian culture and ethos. Discuss this in the light of a major shift from a doctrine of punishment to justice in the present judicial system.

Approach

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Introduction

The Bharatiya Nyaya Sanhita (BNS) reflects a paradigm shift in the Indian judicial system, emphasizing justice, equity, and impartiality. This new law moves away from a strict doctrine of punishment towards a more restorative and rehabilitative approach that aligns with Indian culture and ethos.

Body

Major Shifts in the Judicial System:

• Focus on Justice Over Punishment: The BNS prioritizes justice as a fundamental principle, promoting fairness and ethical considerations. 
  • For Example, Instead of imposing harsh penalties, the system encourages solutions that restore the victim's dignity.
• Restorative Justice: Emphasizes repairing the harm caused by criminal behavior through reconciliation and rehabilitation.
  • For Example,  Community service or mediation between the victim and the offender, fostering healing rather than mere retribution.
• Equity in Sentencing: Ensures that all individuals receive fair treatment under the law, taking into account circumstances and intent. 
  • A study by the National Crime Records Bureau (NCRB) indicates a growing trend towards alternative sentencing, like probation for first-time offenders.
• Impartiality in Legal Proceedings: Upholds the principle of impartiality, ensuring that judgments are made without bias or influence.
  • For Example, Establishing special courts for vulnerable groups, such as women and children, to ensure sensitivity in handling cases.
• Cultural Context: The BNS incorporates traditional Indian values of justice and social harmony, promoting community-based solutions. 
  • For Example, The use of local panchayats to resolve disputes reflects the integration of indigenous practices into the legal framework.
• Emphasis on Rehabilitation: Focuses on reforming offenders rather than simply punishing them, reducing recidivism. some text
  • Example: Initiatives like skill development programs in prisons aim to reintegrate offenders into society as productive citizens.

Conclusion

The Bharatiya Nyaya Sanhita marks a significant transformation in India's judicial landscape, emphasizing justice, equity, and impartiality rooted in Indian ethos. By shifting from a punitive to a restorative approach, the BNS aims to create a more humane and effective legal system that fosters reconciliation and community harmony, ultimately enhancing public trust in justice.

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