UPSC Mains GS Paper 4 Questions Number 5 (b) Solution

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

Introduction

The Bharatiya Nyaya Sanhita (BNS) is set to replace the colonial-era Indian Penal Code (IPC), marking a significant reform in India’s criminal justice system. The BNS emphasises principles of justice, equality, and impartiality rooted in Indian culture and ethos. It seeks to create a more human-centric judicial system, focusing on fairness, rehabilitation, and restorative justice, instead of merely punitive measures.

Body:

Provisions of BNS in Line with Justice, Equality, and Impartiality Based on Indian Culture and Ethos:

• Emphasis on restorative justice: The BNS includes provisions for mediation and conciliation in certain offenses, reflecting the Indian cultural value of dispute resolution through dialogue. 
  • E.g. Offenses of a minor nature will be resolved through compensation or reconciliation between parties.
• Equality before law: The BNS ensures that laws are applied equally to all citizens, irrespective of caste, creed, or gender, adhering to the Indian constitutional value of equality. 
  • E.g. Gender-neutral language is used in many sections, ensuring equal treatment of all genders.
• Cultural sensitivity in legal processes: The BNS considers the socio-cultural realities of India, providing provisions for culturally appropriate practices in law enforcement and sentencing. 
  • E.g. The Sanhita recognises indigenous practices of community dispute resolution in tribal areas.
• Rehabilitation over retribution: Following Indian spiritual values of forgiveness and transformation, BNS emphasizes rehabilitation, especially for young offenders. 
  • E.g. Reformatory sentences focus on education and rehabilitation instead of just incarceration.
• Proportionality in sentencing: Inspired by the idea of dharma, BNS ensures that punishments are proportionate to the severity of the crime, reflecting a balance of justice rather than harsh, uniform penalties.

How BNS Shows Shift from Doctrine of Punishment to Doctrine of Justice:

• • Focus on victim rights: BNS integrates victim-centric provisions, offering compensation and psychological support, signaling a shift from merely punishing the offender to addressing the needs of the victim.
    • E.g.  Compensation schemes for victims of violent crimes under the ‘Victim Compensation Scheme’.
  • Offer Chance to Reform: Instead of purely punitive measures, the BNS promotes rehabilitation, offering offenders the chance for reform through educational programs or community service. 
    • E.g. Reduced sentences for first-time offenders who show signs of reform.

• E.g. For the offence of theft, community service has been prescribed as the punishment in case of first-time offence, where the stolen property was less than five thousand rupees in value, and has been restored.

• Community-based sentencing: Inspired by ancient Indian practices, BNS allows for community service as a form of punishment, emphasizing social responsibility and rehabilitation over prison sentences. 
  • E.g. The Bharatiya Nyaya Sanhita (BNS) of 2023 allows community service as a punishment for minor crimes, instead of jail time or fines. 
• Alternative dispute resolution: The BNS encourages alternative dispute mechanisms like mediation and reconciliation, shifting away from the rigid doctrine of punishment toward restorative justice. 
  • E.g. Family and civil disputes are encouraged to be settled outside courts through mediation.
• Proportional sentencing: The BNS reduces the scope of harsh, arbitrary punishments and ensures that punishments fit the crime, balancing the scales of justice rather than focusing solely on deterrence. 
  • E.g.  Decriminalisation of minor offenses like certain civil liabilities.

Conclusion:

The Bharatiya Nyaya Sanhita represents a significant departure from the colonial-era doctrine of retributive punishment, moving toward a more balanced doctrine of justice. Rooted in the Indian ethos of fairness, compassion, and rehabilitation, the BNS seeks to restore the equilibrium between crime and consequence. This aligns with contemporary justice theories that prioritize the dignity of both victims and offenders, aiming for social harmony through reform, rehabilitation, and restorative practices rather than merely punitive approaches.

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