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BHARTEEYA NYAYA SANHITA: A STEP FROM PUNISHMENT TO JUSTICE

Monika Giri Giri

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Paper Contents

Abstract

The Bharteeya Nyaya Sanhita (BNS) marks a transformative shift in Indias approach to criminal justice, transitioning from a punitive framework to one centered on restorative justice. Aimed at reforming outdated legal provisions and addressing the societal implications of crime, the BNS seeks to create a more equitable and humane justice system. This paper examines the core principles and objectives of the BNS, highlighting its emphasis on victim rights, rehabilitation, and the prevention of crime, rather than merely focusing on punitive measures.The BNS introduces innovative legal mechanisms that prioritize the needs of victims and offenders alike, fostering a sense of accountability and community healing. By integrating restorative justice principles, the BNS encourages dialogue between victims and offenders, promoting reconciliation and reducing recidivism. This approach aligns with global trends in criminal justice reform, emphasizing the importance of rehabilitation over retribution.Additionally, the paper analyzes the socio-economic implications of the BNS, particularly its potential to address systemic inequalities within the justice system. By focusing on restorative practices, the BNS aims to empower marginalized communities and provide them with access to justice, thereby enhancing public trust in legal institutions. The discussion also considers the practical challenges of implementing the BNS, including resistance from traditionalist legal perspectives and the need for comprehensive training for law enforcement and judicial personnel.Ultimately, the Bharteeya Nyaya Sanhita represents a significant step forward in Indias legal evolution, redefining justice in a way that prioritizes healing and societal reintegration. This paper argues that embracing restorative justice principles within the framework of the BNS not only enhances the effectiveness of the legal system but also fosters a more compassionate society. Through this analysis, the paper advocates for a reimagined understanding of justice that resonates with the diverse realities of the Indian populace.

Copyright

Copyright © 2024 Monika Giri. This is an open access article distributed under the Creative Commons Attribution License.

Paper Details
Paper ID: IJPREMS40900024465
ISSN: 2321-9653
Publisher: ijprems
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