← All questionsGS4 · 2024 · Ethics Theory ·Bharatiya Nyaya Sanhita: From Punishment to Justice
QUESTION 5(b)
GS4
10 marks

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.

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7 min
150 words

What the examiner wants

Discuss how BNS reflects justice, equality and impartiality, and the shift from a punishment-centred to a justice-centred system.

DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.

Demand-wise check

  1. 1Context: BNS 2023 replaced IPC 1860 from 1 July 2024≈30 words
  2. 2Justice-oriented changes: community service as punishment for minor offences; focus on victims; time limits; gender-neutral provisions in some offences≈30 words
  3. 3Removal of colonial offences: sedition replaced by acts endangering sovereignty (Section 152)≈30 words
  4. 4Concerns: some provisions retained, implementation capacity, wide police powers≈30 words

Open in about 20 words and close in about 20.

Answer plan

ContextFeatures showing justice, equality, impartialityShift from punishmentConcernsConclusion

Where marks usually go

  • Listing BNS sections with no ethical analysis
  • Only praise, no balanced discussion

Draw this

  • Before/after table: IPC approach vs BNS approach

Value addition

  • LawBNS Section 4(f) adds community service as a form of punishment for the first time.Bharatiya Nyaya Sanhita, 2023
  • LawBharatiya Nagarik Suraksha Sanhita, 2023 requires videography of search and seizure and sets timelines for investigation and judgement.BNSS, 2023

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