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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.

This question was previously asked in
UPSC CSE 2024 (Prelims) CSAT Previous Year Paper (16-Jun-2024)

The Bharatiya Nyaya Sanhita (BNS) indeed aims to infuse the Indian judicial system with principles of justice, equality, and impartiality, reflecting indigenous cultural ethos. This marks a significant philosophical departure from the colonial-era emphasis on retribution and deterrence, shifting towards a more human-centric and restorative approach.

Traditionally, the focus was predominantly on punishment as the primary response to crime. The BNS, however, seeks to incorporate elements of restorative justice, rehabilitation, and victim-centricity, aligning with Indian values of 'Dharma' (righteous conduct) and 'Nyaya' (justice beyond mere legality). For instance, provisions like community service for petty offenses and a greater emphasis on victim compensation signify a move to repair harm and reintegrate offenders rather than solely incarcerate. The BNS also addresses equality by ensuring gender-neutral language and strengthening protections for vulnerable groups, reflecting the ethos of 'Vasudhaiva Kutumbakam' (the world is one family). By prioritizing fair investigation, speedy trials, and the use of technology, the BNS endeavors to ensure impartial justice, fostering societal harmony and trust in the legal system, rather than merely instilling fear of punishment.

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