Roadmap for Answer Writing

1. Introduction

• Introduce the Bharatiya Nyaya Sanhita (BNS): Briefly explain its significance and purpose in modernizing India’s judicial system.
• Thesis Statement: Highlight the core values of Justice, Equality, and Impartiality and state how these represent a shift from the traditional doctrine of punishment to a more just framework.

2. Core Values of BNS

2.1 Justice

• Restorative Justice:
  • Fact: BNS emphasizes restorative justice, promoting reconciliation rather than mere retribution.
  • Example: Section 4(f) includes community service as punishment.
• Fair Trial Rights:
  • Fact: Upholds Article 21 of the Constitution, ensuring the right to a fair trial.
  • Source: Supreme Court’s decision in Maneka Gandhi v. Union of India.

2.2 Equality

• Accessibility in Legal Processes:
  • Fact: BNS ensures that legal processes are accessible to marginalized groups, reducing barriers to justice.
  • Source: B.R. Ambedkar’s vision of an inclusive society.
• Gender Justice:
  • Fact: Strengthened provisions for women’s rights, particularly in Section 75 against sexual harassment.
  • Source: Vishakha Guidelines.

2.3 Impartiality

• Bias-Free Judicial Processes:
  • Fact: Promotes impartiality through teachings from the Bhagavad Gita.
  • Example: Section 17 states that acts performed under a belief of justification are not offenses.
• Transparency:
  • Fact: Encourages public access to court documents, enhancing accountability.
  • Source: Spirit of the Right to Information Act.

3. Shift from Punishment to Justice

3.1 Transition to Rehabilitative Justice

• Emphasis on Rehabilitation:
  • Fact: BNS focuses on correctional programs over long-term imprisonment for minor crimes.

3.2 Advocacy for Alternative Dispute Resolution (ADR)

• Integration of ADR:
  • Fact: Encourages mediation and settlement outside court, easing judicial burdens.

3.3 Emphasis on Victim’s Rights

• Victim Compensation:
  • Fact: Prioritizes victim compensation, enhancing their role in the justice process.
  • Source: Inspired by Manusmriti.

3.4 Preventative Strategies and Technological Integration

• Addressing Root Causes:
  • Fact: Incorporates preventive measures to tackle crime’s underlying causes.
• Use of Technology:
  • Fact: Leverages technology for efficiency, such as e-courts and online filing systems.

4. Conclusion

• Summarize Key Points: Reiterate the importance of Justice, Equality, and Impartiality in the BNS.
• Final Thoughts: Emphasize how the BNS represents a progressive shift in the Indian judicial system, aligning with contemporary values and ethical considerations.

Relevant Facts for Use

• Mahatma Gandhi’s Quote: “Justice that love gives is a surrender; justice that law gives is a punishment.”
• BNS Section 4(f): Incorporation of community service highlights restorative justice principles.
• Article 21: Guarantees the right to a fair trial, expanded through the Maneka Gandhi v. Union of India case.
• Section 75 of BNS: Strong protections against sexual harassment, reinforcing gender justice.
• Section 17 of BNS: Clarifies that acts believed to be justified by law are not offenses.
• Global Forest Watch (GFW): Reports on ecological impacts, relevant in broader discussions on justice and environmental laws.

This roadmap provides a structured approach to answering the question, ensuring that each aspect of the BNS is thoroughly covered while integrating relevant facts effectively.