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Community Service As A Punishment Under The Bharatiya Nyaya Sanhita, 2023: A Step Towards Reformative Justice?




Gauri Joshi, LL.B., Bharati Vidyapeeth’s Institute of Management and Research (BVIMR), New Delhi

Harsh Verma, LL.B., Bharati Vidyapeeth’s Institute of Management and Research (BVIMR), New Delhi


ABSTRACT


The Bharatiya Nyaya Sanhita, 2023 (BNS) introduces community service as an alternative form of punishment, reflecting a shift towards a more reformative approach in India's criminal justice system. This paper examines the concept, objectives, and legal framework of community service under the BNS and evaluates its role in promoting offender rehabilitation while reducing reliance on imprisonment for minor offences. It also discusses the challenges in implementing this punishment and suggests measures for its effective application. The study concludes that community service has the potential to strengthen reformative justice, provided it is supported by clear legal guidelines and efficient implementation.


Keywords: Bharatiya Nyaya Sanhita, 2023 (BNS); Community Service; Reformative Justice; Criminal Justice System; Rehabilitation; Alternative Punishment; Sentencing Policy.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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