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PHILOSOPHICAL FOUNDATION OF BHARTIYA NYAYA SANHITA 2023
Authors
Dr. Amol Deo Chavhan
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Keywords
Philosophy of Criminal Law, BNS, IPC, Nyaya, criminal justice system, Punishment
Abstract
The criminal law undergoes sea changes with the passage of time. The old criminal laws were based on the philosophy of Dharma, Tradition and Customary Practices. During the British period it was based on will and whelm of British philosophy to suppress and punish the people. The provisions under Indian Penal Code, 1860 (hereinafter IPC) inclined more towards punishment rather than reformation. With the introduction of various international convention on Human Rights and constitutional provisions these laws undergone rapid change. In 2023 new law was introduced as Bhartiya Nyaya Sanhita, 2023 (hereinafter BNS). The new philosophical journey is started from punishment to Nyaya. The modern changes in BNS significantly shape the new philosophy of criminal law. The main focus of BNS is on the restorative justice. In other words, one can say it is paradigm shift from punishment to Nyaya. The emphasis on social justice, proportionality, fairness, and human rights characterizes the modern criminal law doctrine. It aims to develop a criminal justice system that is more egalitarian and just while taking into account the problems of the 21st century. The concept behind criminal law will surely continue to change and adapt as society does in order to suit the ever-changing demands of both individuals and communities. In this article the researcher will discuss the principles of restorative justice models that prioritize rehabilitation of offender and victim instead of punishment. Secondly, the major changes and challenges occur due to introduction of this new laws.
IJCRT's Publication Details
Unique Identification Number - IJCRT2409541
Paper ID - 269535
Author type - Indian Author
Page Number(s) - e846-e851
Pubished in - Volume 12 | Issue 9 | September 2024
DOI (Digital Object Identifier) -
No Of Downloads - 154
Author Country - India, 781031, Amingaon, Guwahati, Amingaon, Guwahati, 781031, Medical Science All
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Dr. Amol Deo Chavhan, "PHILOSOPHICAL FOUNDATION OF BHARTIYA NYAYA SANHITA 2023", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 9, pp.e846-e851, September 2024, Available at :http://www.ijcrt.org/papers/IJCRT2409541.pdf
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