UGC Approved Journal no 63975(19)

ISSN: 2349-5162 | ESTD Year : 2014
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Volume 11 | Issue 10 | October 2024

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Volume 11 Issue 9
September-2024
eISSN: 2349-5162

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JETIR2409534


Registration ID:
548632

Page Number

f51-f60

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Title

A CRITICAL ANALYSIS OF PUNISHMENT SCHEME IN THE BHARATIYA NYAYA SANHITA, 2023

Abstract

The Bharatiya Nyaya Sanhita (hereinafter BNS), 2023, provides comprehensive scheme of punishment with several significant changes in quantum and manner of execution of punishment. After the repeal of Indian Penal Code, 1860 (hereinafter IPC) debate was started on the efficacy of deterrent theory in the new criminal law. Some argument was made that, the new law on crime i.e. BNS is not create deter among criminals. However, there are concerns about the potential for excessive sentencing and the impact on the prison population. The BNS has introduced community service and restitution as alternative punishments for certain offenses. This can help rehabilitate offenders, restore harm to victims, and reduce the burden on the prison system. However, the effectiveness of these alternative punishments may depend on their implementation and enforcement. The BNS emphasizes rehabilitation as a key goal of the criminal justice system. This includes providing opportunities for offenders to reform and reintegrate into society. While rehabilitation can be a positive approach, it may require significant investment in resources and programs. The BNS punishment scheme represents a significant departure from previous laws. While some changes are undoubtedly positive, others raise concerns about their effectiveness and potential consequences. In this article the author try to analysis of various key modifications, their potential implications, and a critical evaluation of effectiveness of various changes in punishment scheme.

Key Words

Punishment, Community Service, Quantum of Punishment, Enhancement of Punishment, Criminal Justice System

Cite This Article

"A CRITICAL ANALYSIS OF PUNISHMENT SCHEME IN THE BHARATIYA NYAYA SANHITA, 2023 ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.11, Issue 9, page no.f51-f60, September-2024, Available :http://www.jetir.org/papers/JETIR2409534.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"A CRITICAL ANALYSIS OF PUNISHMENT SCHEME IN THE BHARATIYA NYAYA SANHITA, 2023 ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.11, Issue 9, page no. ppf51-f60, September-2024, Available at : http://www.jetir.org/papers/JETIR2409534.pdf

Publication Details

Published Paper ID: JETIR2409534
Registration ID: 548632
Published In: Volume 11 | Issue 9 | Year September-2024
DOI (Digital Object Identifier):
Page No: f51-f60
Country: Guwahati , Assam, India .
Area: Other
ISSN Number: 2349-5162
Publisher: IJ Publication


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