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The Bharatiya Nyaya Sanhita (BNS) marks a monumental shift in India’s judicial penal system, aligning modern legal frameworks with ancient Indian principles of justice. As Mahatma Gandhi emphasised, “Justice that love gives is a surrender; justice that law gives is a punishment,” the BNS seeks to balance these ideals by embodying Justice, Equality, and Impartiality rooted in India’s ethical traditions.

Soul of the new law, Bharatiya Nyaya Sanhita (BNS), embodies Justice, Equality, and Impartiality based on Indian culture and ethos

Justice:

• Incorporation of Restorative Justice: Emphasising principles of restorative justice similar to traditional Indian panchayat systems, BNS focuses on reconciliation and healing for both victims and offenders rather than pure retribution.
  For example: Section 4(f) of BNS incorporates community service as a form of punishment, highlighting restorative justice principles.
• Guarantee of Fair Trial Rights: Upholding Article 21 of the Constitution, BNS ensures every citizen’s right to a fair trial, supporting the Supreme Court’s decision in Maneka Gandhi v. Union of India, which expanded the definition of personal liberty.

Equality:

• Accessibility in Legal Process: Following B.R. Ambedkar’s vision for an inclusive society, BNS ensures legal processes are accessible, particularly for marginalised groups, thus reducing barriers to justice.
• Enhancements for Gender Justice: Drawing from the Vishakha Guidelines, BNS has strengthened provisions for safeguarding women’s rights, focusing on preventing gender-based violence and promoting gender equality in the legal system.
  For example: Section 75 of BNS includes strong protections against sexual harassment, reinforcing gender justice.

Impartiality:

• Ensuring Bias-Free Judicial Processes: BNS draws on the Bhagavad Gita’s teachings of detachment and fairness, promoting bias-free judicial processes that uphold impartiality in every case.
  For example: Section 17 of BNS states that an act is not considered an offence if it was performed by someone who was justified by law or who believed they were justified by law due to a mistake of fact.
• Impartiality: Promotion of Transparency: Reflecting the spirit of the Right to Information Act, BNS promotes judicial transparency by ensuring open access to legal procedures and fostering public trust in the system.
  For example: Public access to court documents and rulings enhances transparency and accountability.

Major Shift from Doctrine of Punishment to Justice in the Present Judicial System

• Transition to Rehabilitative Justice: Moving from punitive justice towards a Gandhian reformative approach, BNS emphasises rehabilitation, acknowledging the potential for personal reform and positive societal reintegration.
  For example: BNS encourages correctional programs for offenders rather than long-term imprisonment for minor crimes.
• Advocacy for Alternative Dispute Resolution (ADR): BNS encourages the use of ADR, rooted in Indian tradition, to settle disputes efficiently outside courtrooms, easing judicial burdens.
  For example: Mediation centres are set up under BNS to resolve civil and family disputes outside of formal court procedures.
• Emphasis on Victim’s Rights and Restorative Measures: Drawing from Manusmriti, BNS prioritises victim compensation and restoration, focusing on healing rather than retribution alone in criminal justice.
  For example: Victims are entitled to compensation for their suffering and loss, enhancing their role in the justice process.
• Preventative Justice Strategies: BNS incorporates preventive strategies for addressing root causes of crime and promoting community well-being.
• Integration of Technological Advances: BNS leverages technology in line with India’s Digital India initiative to streamline judicial processes, ensuring efficiency and transparency.
  For example: E-courts and online filing systems make the judicial process more accessible and transparent.
• Focus on Ethical and Moral Education: Inspired by the Gurukul system, BNS emphasises ethical and moral education to prevent crime and promote societal well-being, encouraging values-based upbringing.
  For example: Educational programs on ethics and social responsibility are integrated into community initiatives to reduce crime.

The Bharatiya Nyaya Sanhita aspires to modernise India’s criminal justice system by replacing colonial-era laws with a framework that better reflects contemporary Indian society and its diverse heritage, the BNS embodies a vision of justice that is more just, equitable, and impartial, harmonising law with India’s unique socio-cultural landscape.

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