Comparative Study of Indian Judicial Code 2023: In the context of Yagyavalkya Mahat

Abstract

Acharya Vatsyayan, while defining law i.e. justice, has mentioned that the knowledge which makes one aware of the real nature of the visible and scripture-based elements is called 'Nyaya Vidya' - "Pratyakshagamabhyamikshitsyaarthasyanvikshanamanviksha. Taya pravartat ityanvikshaki nyayavidya nyayashastram". (Nyayabhasya first sutra).
After Dharma Sutra literature, Smriti literature has an important place in Indian theology. The literal meaning of the word Smriti is that which is capable of being remembered. That is, which is different from Shruti or Hearing but leaves a special impression on the memory power. In the narrow sense, Smriti literature documents the knowledge of law or human behaviour. Among Smriti literature, Manusmriti is the oldest, followed by Yajnavalkya Smriti. In the presented Smriti, human behavior and legal regulations have been described in three chapters. Defining Dharma in the Aachar chapter, the sixteen rites of a man from birth to death, types of marriage, duties of a householder and the social life system have been mentioned in a systematic poetic language. The Vyavahar chapter has a detailed description of judicial or punitive actions to keep the society disciplined. The Prayashchit chapter describes the atonement rules to get rid of the sins or impurities committed by a man in his lifetime. In a conversational style, in response to the questions of sages and saints, Yogeshwar Yagyavalkya defines Dharma that the country where the black deer roams freely is Dharma. As mentioned -
(Yasmindeshemrig:Krishnastasmindharmannibodhat).

In fact, the judicial system mentioned in Yagyavalkya Smriti was effective in disciplining the conditions of the society of that time. Later, the social system changed due to the invasion of outside castes. The Indian Justice (Second) Code 2023 has been implemented by the Central Government in the year 2023 to re-establish the Dharma based judicial code rooted in the ancient Indian culture in the modern society, replacing the narrow-minded penal system of the medieval period and British colonialism. In December 2023, the Indian Parliament passed three new criminal codes - the Indian Justice Code ('BNS'), the Indian Civil Protection Code ('BNSS') and the Indian Evidence Act ('BSA') - which will replace the Indian Penal Code, 1860 ('IPC'), the Code of Criminal Procedure, 1973 ('CrPC') and the Indian Evidence Act, 1872 ('IEA') respectively. These bills got the assent of the President and were published in the official gazette on 25 December 2023. Although the main objective of the present government in these amended laws is to replace the punitive laws of the British government with a slave mentality, but at the same time a successful experiment of reviving the religious laws of ancient Indian culture is also reflected.