From Punishment To Reform: The Impact Of Community Service Sentences
- IJLLR Journal
- Mar 8
- 2 min read
Ashwani Kumar, Department of Law Dr. Harisingh Gour Central University, Sagar (M.P)
Mrityunjay Pandey, Department of Law Dr. Harisingh Gour Central University, Sagar (M.P)
Surya Prakash Tripathi, Department of Law Dr. Harisingh Gour Central University, Sagar (M.P)
Introduction
Community service as a form of punishment is a non-custodial penalty where offenders contribute positively to society rather than serving time in prison. It serves as an alternative to incarceration, aiming to rehabilitate offenders while benefiting the community. This system is widely used for minor offenses, first-time offenders, and young delinquents. The Supreme Court of India has acknowledged the importance of community service in various judgments, reinforcing its role as a rehabilitative rather than punitive measure.
In State Tr. P.S. Lodhi Road, New Delhi v. Sanjeev Nanda, the Supreme Court emphasized the significance of rehabilitation by mandating community service as part of the sentence. Similarly, in Babu Singh v. State of Uttar Pradesh, the Court advocated for restorative justice, suggesting that community service can be a constructive approach to reformation. In Sunita Gandharva v. State of Madhya Pradesh, the court highlighted the transformative potential of community service in fostering social responsibility. More recently, in Delhi High Court’s Directive (July 2024), the court ordered community service at a Gurudwara for offenders, reinforcing its role in correcting behaviour. These landmark judgments illustrate how Indian courts increasingly recognize community service as an effective tool for rehabilitation and social reintegration.
The Indian judicial system has undergone a number of changes throughout the years with the goal of humanizing penalties and emphasizing rehabilitation as opposed to merely retaliation. These changes show a slow change in legal thought brought about by human rights concerns and worldwide trends. This pattern is continued in the BNS with the implementation of community service as a form of discipline, which is consistent with modern theories of restorative justice.
