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The soul of the new law, Bhartiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos.

Last Updated on Sep 26, 2024
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The soul of the new law, Bhartiya 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.

This topic discusses the Bharatiya Nyaya Sanhita (BNS) and its foundational principles of justice, equality, and impartiality, rooted in Indian culture and ethos. It examines the significant shift in the judicial system from focussing primarily on punishment to prioritizing justice. It belongs to General Studies Paper IV: Ethics, Integrity, & Aptitude.

The Bhartiya Nyay Sanhita (BNS) embodies the principles of justice, equality, and impartiality, deeply rooted in Indian culture and ethos. This legislative framework marks a significant shift from a punitive doctrine to a more restorative approach to justice. Traditionally, the focus was primarily on punishment as a deterrent, often neglecting the broader implications of rehabilitation and societal harmony.

In contrast, the BNS emphasizes the need for justice that considers the context of individual circumstances and societal impact. It advocates for fairness and equality before the law, ensuring that all individuals receive impartial treatment, regardless of their background. This paradigm shift aligns with contemporary judicial philosophies that prioritize restorative justice—aiming not just to penalize offenders but to reintegrate them into society, thereby fostering a more equitable legal system.

  • BNS incorporated equality before law. Eg.- Gender neutral language
  • BNS recognised cultural sensitivity in legal process. Eg.- The sanhita recognises indigenous practices of community dispute resolution in tribal areas.
  • BNS incorporated 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.

Ultimately, the BNS reflects a commitment to uphold justice that resonates with India's cultural values while addressing modern judicial challenges.

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