2024 · GS Paper 4 · Q5(b) · 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.

In short

The Bharatiya Nyaya Sanhita moves criminal law from colonial punishment towards justice through community service, victim rights, transgender inclusion and forensic proof. Its soul is real but untested, since sedition-like Section 152, the death penalty and capacity gaps persist.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
Amartya Sen separates niti, correct rules, from nyaya, justice realised in lives. The Bharatiya Nyaya Sanhita (BNS), in force since 1 July 2024 in place of the IPC of 1860, claims the second ideal.
How BNS Embeds Justice, Equality and Impartiality
•

Reformative justice

Community service is now a punishment for six petty offences such as first-time theft below Rs 5,000 with restitution, reflecting the idea that danda restores dharma.

•

Victim at the centre

The Bharatiya Nagarik Suraksha Sanhita allows a Zero FIR anywhere and updates for victims within 90 days; nearly 60,000 Zero FIRs were filed in two years (New India Samachar, July 2026).

•

Equality and impartiality

Gender now includes transgender persons, mob lynching is a distinct offence under Section 103(2), and mandatory forensics and videography curb police bias.

Gaps Between the Ideal and the Practice
•

Old powers, new names

Section 152 is criticised as sedition relabelled, and police custody of 15 days can be split across the first 40 or 60 days.

•

Retributive core intact

The death penalty is retained and extended, and omitting Section 377 altogether left adult male victims of rape without a specific remedy.

•

Capacity deficit

Forensic mandates need laboratories, staff and judges, or timelines remain paper promises.

Conclusion
The BNS genuinely moves criminal law from danda as retribution towards nyaya as restoration. Its soul will be realised only if police, prosecutors and courts apply it with constitutional morality, so citizens experience the law as protection, not punishment.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: From Danda to Nyaya. From Danda to Nyaya. Comparison of IPC 1860 and BNS 2023
Diagram: From Danda to Nyaya

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Laws, rules, regulations and conscience as sources of ethical guidance16 questions

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Question from the official UPSC Civil Services (Main) Examination 2024 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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