From Punishment To Reformation: Evaluating The Impact Of Community Service Under The Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- 2 hours ago
- 1 min read
Ms. Palak Jha, B.A. LL.B. (Hons.), IILM University, Greater Noida
Mr. Paras Yadav, Assistant Professor, IILM University, Greater Noida
ABSTRACT
The Bharatiya Nyaya Sanhita, 2023 (BNS)1, represents a paradigmatic reorientation of Indian criminal jurisprudence, marking the formal conclusion of a colonial legal legacy that persisted for more than 160 years under the Indian Penal Code, 18602. Through the incorporation of reformative elements such as community service, the BNS redefines the philosophical foundations of punishment, emphasizing restitution, social responsibility, and rehabilitation. The inclusion of community service as a statutory form of punishment challenges India’s entrenched punitive traditions by introducing a mode of justice rooted in reconciliation rather than retaliation.
This paper explores the theoretical, doctrinal, and socio-legal dimensions of this reform, situating community service within the broader currents of restorative justice and constitutional morality. It analyzes the implications of this transformation for the judiciary, the criminal justice administration, and the wider public perception of justice. The study draws from comparative jurisdictions, including the United Kingdom, Norway, and South Africa, where community sentencing has matured as a viable instrument of reform. By interrogating the interplay between statutory innovation and societal readiness, this paper contends that community service under BNS 2023 represents both a symbolic and substantive step toward a more humane penal future. Its efficacy, however, depends on legislative clarity, judicial training, and an infrastructural ecosystem that supports reform rather than retribution.
Keywords: Community Service; Bharatiya Nyaya Sanhita, 2023; Penal Reform; Restorative Justice; Indian Criminal Jurisprudence
