Community Service As A Form Of Punishment Under The New Criminal Laws
- IJLLR Journal
- Jul 24
- 2 min read
Afifa Ahmad, Pendakanti Law College (Affiliated to Osmania University)
ABSTRACT
The adoption of community service as a punishment method within the Bhartiya Nyaya Sanhita marks a significant shift in the Indian criminal justice system's approach from punitive actions to rehabilitation and restorative justice. This innovative strategy permits individuals convicted of minor crimes, petty theft, and public disturbances to perform unpaid community service rather than serving imprisonment. The aim of community service as a penalty is to provide offenders with a chance to acknowledge their wrongdoing, feel remorse, and learn from their mistakes through active involvement in the community and reintegration into society.
The BNS recognizes the shortcomings of the conventional punitive sentencing that often overlooks the root causes of criminal behaviour and contributes to the growing issues of overcrowding prisons. To address these issues, the Indian legal system has embraced community service as a more humane and effective solution. This move aligns India's penal justice system more closely with global trends, where community service is increasingly utilized by countries such as the United States, the United Kingdom, and Australia as part of their criminal justice sentencing options.
Nonetheless, implementing community service in India faces several challenges, including ambiguous guidelines for monitoring and enforcing community service sentences, the stigmatization of offenders, and the need for community involvement. Overcoming these obstacles is crucial for community service to realize its full potential as a rehabilitative sentencing option. Overall, the introduction of community service under the BNS signifies a positive direction of reform within the Indian criminal justice system, emphasizing restorative practices that benefit both offenders and the communities they will be returning to.
Keywords: Punitive, rehabilitation, restorative, reintegration, stigmatization, penal.
