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Community Service Sentencing In India: From Reformative Ideal To Implementation Reality




Dileep Kumar Singh, Research Scholar, Dr. Bhimrao Ambedkar University, Agra, India


ABSTRACT


Community service sentencing represents a significant move towards reformative and restorative justice in modern criminal jurisprudence. It seeks to balance the objectives of punishment with the social reintegration of offenders. Despite its global recognition as an effective non-custodial sanction, India has only recently begun to formally incorporate community service within its criminal justice framework through the Bharatiya Nyaya Sanhita, 2023 (BNS). However, the absence of clear definitions, uniform implementation procedures, and structured supervision mechanisms poses serious challenges. This paper examines the evolution, conceptual foundations, and statutory recognition of community service sentencing in India, critically analysing the structural and administrative deficiencies that hinder its effective implementation. It also draws comparative insights from jurisdictions such as the United Kingdom, the United States, and South Africa, where community service has been institutionalized successfully. The study concludes that unless India establishes a comprehensive legal framework supported by judicial guidelines and administrative accountability, community service will remain a reformative ideal rather than a functioning reality.


Keywords: Community Service Sentencing, Reformative Justice, Bharatiya Nyaya Sanhita, Non-Custodial Punishment, Judicial Discretion, Criminal Justice Reform.



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.

 

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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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