The new law, Bharatiya Nyaya Sanhita (BNS) is 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.

Historical Context: From Punishment to Justice

The traditional Indian legal systems, predating colonial rule, often emphasized reconciliation, mediation, and restitution rather than solely focusing on punishment. Concepts like ‘Dharma’ and ‘Nyaya’ encompassed a broader understanding of justice, including fairness, equity, and social harmony. The British IPC, however, introduced a more rigid and punitive framework. Post-independence, while reforms were undertaken, the core structure remained largely unchanged. The recent emphasis on ‘justice’ reflects a conscious effort to revert to these indigenous principles.

Cultural Grounding of the BNS

The BNS claims to be rooted in Indian culture and ethos in several ways:

• Emphasis on Victim Justice: The BNS prioritizes victim compensation and rehabilitation, aligning with the Indian tradition of ‘Atithi Devo Bhava’ (the guest is equivalent to God) and extending that respect to all citizens, including victims of crime. Provisions for increased compensation and support services are included.
• Community Involvement: The BNS encourages community participation in the justice process, drawing from the ‘Panchayat’ system and the tradition of resolving disputes through local mediation.
• Focus on Restorative Justice: The law incorporates elements of restorative justice, aiming to repair the harm caused by crime and reintegrate offenders into society, echoing the ancient Indian concept of ‘Prayaschitta’ (atonement).
• Indian Terminology: Replacing terms like ‘Section’ with ‘Adhyay’ and ‘Fine’ with ‘Dand’ is a symbolic attempt to decolonize the legal language and make it more relatable to the Indian populace.

Major Shifts in the Judicial System Reflected in BNS

The BNS embodies several key shifts in the Indian judicial system:

Feature	IPC (Old)	BNS (New)
Focus	Primarily Punishment	Justice, Rehabilitation, and Victim Compensation
Trial Speed	Often protracted, leading to delays	Emphasis on speedy trials through technology and streamlined procedures. Target of completing 95% of investigations in 6 months.
Offences	Limited focus on emerging crimes like cybercrime	Includes specific provisions for cybercrime, organized crime, and human trafficking.
Death Penalty	Limited scope	Expanded scope, including for offences like rape resulting in death. (This aspect is contentious)

Criticisms and Concerns

Despite its stated objectives, the BNS has faced criticism. Concerns have been raised regarding:

• Expansion of Death Penalty: Critics argue that expanding the scope of the death penalty is regressive and violates human rights principles.
• Vagueness of Certain Provisions: Some provisions are considered vaguely worded, potentially leading to arbitrary interpretation and misuse.
• Implementation Challenges: Effective implementation requires significant investment in infrastructure, training, and resources, which may be a challenge.
• Potential for Misuse: Concerns exist regarding the potential for misuse of certain provisions to suppress dissent or target marginalized communities.