UPSC Mains 2024 GS4 Q5b: model answer
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.
What the question wants
How BNS reflects a move from punishment to justice.
How to structure it
Intro: BNS replaced IPC from 1 July 2024. Body: (1) justice-oriented features (community service, victim focus); (2) equality (gender-neutral provisions); (3) impartiality and Indian ethos (sedition removed, time limits); (4) concerns. Conclusion.
- 1(1) justice-oriented features (community service, victim focus)
- 2(2) equality (gender-neutral provisions)
- 3(3) impartiality and Indian ethos (sedition removed, time limits)
- 4(4) concerns
Model answer
The Bharatiya Nyaya Sanhita, 2023 replaced the colonial IPC on 1 July 2024, along with the BNSS and BSA. Its stated aim is nyaya (justice) rather than danda (punishment).
Justice over punishment
- Community service introduced for petty offences, a reformative idea.
- Crimes against women and children placed first; victims' rights strengthened (e-FIR, zero FIR, updates on investigation under BNSS).
- Time limits for trials and judgements to end delay.
Equality and impartiality
- Some offences made gender-neutral, such as offences against children.
- Sedition removed; replaced by acts endangering sovereignty.
- Forensic evidence compulsory for serious crimes, reducing reliance on confessions.
Indian ethos: restorative justice resonates with traditions of reconciliation.
Concerns: wider police custody options, vague terms, and capacity gaps.
Its soul will be realised only if police and courts practise justice with fairness.
Keywords, cases and data to drop in
BNS 2023 community service zero FIR restorative justice forensics
Where most answers lose marks
- Ignoring the concerns.
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Question text as printed in the official UPSC question paper: https://www.upsc.gov.in/sites/default/files/QP_CSM_2024_GenStud_IV_03102024.pdf The model answer is original Battle IAS work; use it to learn structure, not to memorise.