As pointed out by VP Dhankhar, the Bharatiya Nyaya Sanhita (BNS) reflect the revolutionary change from colonial ‘Dhanda vidhan’ to Modern ‘Nyaya vidhan’ and from a punitive to a more restorative approach by keeping the focus on justice rather than punishment. 

BNS’s Soul as Justice, Equality, and Impartiality Based on Indian Culture and Ethos

1. Dharma-Centric Justice: BNS promotes justice as a moral duty, focusing on restoring balance and harmony in society rather than merely punishing offenders.
2. Revising Terminology and Examples: BNY modify terminology such as ‘unsound mind’ to ‘mental illness,’ aligning with contemporary medical terminology in accordance with the Mental Healthcare Act, 2017.
3. It abolishes the offense of sedition, which has been criticized for suppressing free speech and dissent. 
4. Focus on Rehabilitation over Retribution – the BNS introduces community service (Section 4(f)) as a form of punishment for certain crimes. These include small theft, defamation, and attempt to die by suicide with an intention to keep a public official from discharging her duty.
5. Inclusivity – the transgender community has been included in the definition of gender under BNS, which was not previously included in the IPC. 
6. Gender Justice – Clause 69 of the BNS penalises sexual intercourse through the employment of “deceitful means”. Further, age of marriage and age of consent have been made uniform, to make rape of a girl below 18 years of age a crime, irrespective of her marital status and relationship with the accused, as the Court had decreed in Independent Thought v UOI. 
7. Social harmony and order– under Clause 103, for the first time it also recognises murder on the ground of race, caste, or community as a separate offence. 

Issues with the Shift

1. No break from colonial legacy- number of crimes with punishments of rigorous imprisonment and death penalty have increased, no mention of custodial torture and accountability on police forces. 
2. Challenges in Implementation: such as insufficient infrastructure and trained personnel for rehabilitative justice.
3. Risk of Leniency: The focus on rehabilitation might be seen as being too lenient in certain cases, potentially undermining deterrence and justice for the victims.

Way Forward

1. Police and other concerned authorities must be sensitized to sexual violence sans sexual orientations or gender bias.
2. comprehensive guidelines and personalization of community service – assignments should be tailored to match the offender’s rehabilitation needs and skills, ensuring meaningful and beneficial contributions to the community.
3. Collaboration with community organizations– partnerships with NGOs, community organizations, and local authorities can help effectively design, implement, and supervise community service programs. 

As Dr. B.R. Ambedkar once said, “Justice has always evoked ideas of equality and of proportion of compensation.” The BNS marks a significant shift towards a more equitable and culturally resonant judicial framework.