Journey from Dand to Nyaya (BNS):-

 

The core philosophical distinction between the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) is the difference between ‘Dand’ (punishment) and ‘Nyaya’ (justice). 

The BNS emphasises justice, while the IPC primarily focuses on punishment. 

This shift becomes clearer when considered alongside the changes in the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA). The primary aim of these amendments is to ensure swift and fair justice. Another notable change is the shift from the name ‘India’ to ‘Bharat.’ In Bharat, the concept of Nyaya differs significantly from the idea of justice in the West.

 The Bharatiya philosophy prioritises protecting the nation and the weak from antinational and anarchist forces. Matsya Nyaya illustrates the importance of justice in protecting the small fish from the powerful, symbolising the protection of the vulnerable. Thus, the primary purpose of Nyaya is the defence of the weaker sections of society. According to contractarian theory, the state has a duty to protect those who are vulnerable due to their social or biological circumstances.

 The Bharatiya Nyaya Sanhita (BNS) effectively addresses this responsibility. In contrast to the IPC, which finds similar protections later (Section 326 and beyond), the BNS prioritises the protection of women and children, with these provisions taking precedence in Sections 63 to 99. 

The Bharatiya Nyaya Sanhita (BNS) introduces several new offences against women and children that were absent in the Indian Penal Code (IPC), addressing crimes that lacked specific legal provisions. Additionally, the penalties for offences against women and children have been significantly increased. The aim is to create a strong deterrent effect on potential offenders and ensure greater protection for these vulnerable groups.

In addition to this, the Bharatiya Nyaya Sanhita (BNS) includes several new offences related to national security that were not part of the IPC. These additions are crucial for addressing emerging internal and external threats to the country. The new provisions aimed at safeguarding national security align with the spirit of the Bharatiya Constitution, which begins with the principle of sovereignty. It is important to remember that only a safe and secure nation can effectively protect the rights of its citizens. The BNS meets this critical need by incorporating the necessary and timely provisions.