The recent introduction of Bharatiya Nyaya Sanhita (BNS), 2023 marks a significant paradigm shift in India's approach to criminal justice. While the IPC was largely based on the doctrine of punishment and deterrence, the BNS emphasizes justice, fairness, and Indian cultural ethos aligning the legal system more closely with ethical values and constitutional morality.

Major Shifts in Criminal Justice System Ushered in by BNS

• Justice over Retribution: BNS aims to restore balance in society rather than merely punish. It moves closer to restorative justice which is both morally uplifting and socially productive.

  Example: Introduction of provisions for community service as punishment for minor offences reflects Gandhian principles of self-reform and moral restitution.

• Equality and Fairness: The law seeks to eliminate colonial biases and ensure uniform protection and enforcement, aligning with Article 14 (equality before law).

  Example: Gender-neutral language in sexual offences.

• Impartiality and Due Process: Procedural reforms, such as time limits for investigation and trial (e.g., 90 days for framing charges), reinforce speedy and impartial justice.

• Indian Ethos and Victim-Centric Approach: Victims are now central to legal proceedings, with increased focus on dignity, restitution, and psychological recovery.

  Example: Fast-tracking cases of sexual assault and acid attacks, and ensuring compensation frameworks under BNS.

• Use of Technology for Transparency: Digital registration of FIRs, videography of crime scenes, and e-evidence admissibility ensure transparency and accountability.

  Example: Real-time FIR tracking strengthens trust in law enforcement and reduces room for manipulation.

• Reform over Revenge: BNS reduces emphasis on capital punishment and lifetime incarceration, unless absolutely necessary.

  Example: Juvenile reforms and leniency for first-time, minor offences reflect second-chance ethics.

• Constitutional Morality and Indigenous Ethos: BNS aligns with values from the Preamble—Justice, Liberty, Equality, and Fraternity—while reflecting Indian traditions of Nyaya and Dharma.

• Protection of Human Dignity: Laws under BNS reflect the need to uphold individual dignity even of the accused, avoiding degrading punishments and ensuring fair hearing.

  Example: Provisions against custodial torture and provision for humane prison conditions.

The BNS marks a transition from the colonial concept of justice as punishment to an Indian vision of justice as moral equilibrium. It attempts to make the judiciary not just a deliverer of punishment, but a guardian of ethical, humane, and constitutional justice.