Community Service As Punishment For Petty Offences Under Bharatiya Nyaya Sanhita, 2023: A Step Towards Restorative Justice In India
- IJLLR Journal
- Jun 10
- 1 min read
Nivedita, Assistant Professor, Swami Devi Dyal College of Law, Barwala, Haryana.
Dr. Khushboo, Assistant Professor, Amity University Punjab, Mohali.
"The purpose of punishment is not to torment a sensible being, but to prevent the repetition of crime and to reform the offender for the benefit of society."
— Cesare Beccaria, On Crimes and Punishments (1764)
ABSTRACT
The Bharatiya Nyaya Sanhita (BNS) 2023 introduces “Community Service” as a groundbreaking punishment for minor offences, replacing the Indian Penal Code, 1860. Effective from 1st July 2024, this reform prioritizes rehabilitation and restorative justice over traditional punitive measures. This paper examines the legal framework of Community Service under Section 4(f) of the BNS, its potential to alleviate prison overcrowding and the challenges in its implementation. By analyzing judicial precedents, global practices and socio-legal implications, it argues that while Community Service is a progressive step, its success depends on legislative clarity, effective monitoring and public acceptance.
