Community Service As A Part Of Sentencing

Pallavi Chikkala, LLM, KIIT School of Law

ABSTRACT

Following the post-trial phase of the criminal justice system, an offender is sentenced to punishment; a sentence is a punishment or penalty imposed by the court. Punishment, deterrence, incapacitation, rehabilitation, and restoration are the main objectives of sentencing. When it comes to punishment, community service is an alternative to imprisonment that takes place outside of prison walls. Community service is viewed as a sentencing component in many criminal justice systems and jurisdictions around the world, and the Indian Criminal Justice system is now acknowledging this western idea. Although community service as such is not now a part of Indian statute books and was not initially considered to be a form of punishment, there is ongoing discussion on whether it should be incorporated into the criminal justice system's sentencing guidelines. The paper aims to examine the history and intent of community service as an alternative punishment, as well as various models used in other countries like the UK, America, and Australia. It also examines the different categories of punishment under the Indian Penal Code (IPC), as well as how community sentencing is perceived and understood in India in the context of court decisions and statutory time limits. Lastly, consider if community service will be successful in Indian society.