Impact Of Community Service As A Reformative Punishment Through Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- May 14
- 1 min read
Aasmi Saxena, SVKM’s Jitendra Chauhan College of Law, Mumbai
The best way to find yourself is to lose yourself in the service of others
- Mahatma Gandhi
ABSTRACT
With formal inclusion of Community Service as a legal form of punishment, the Bharatiya Nyaya Sanhita, 2023 represents a drastic transition in respect to the intersection of the criminal justice system in India towards reformative justice from traditionally punitive methods of punishment. This paper investigates the implications and effects of community service as a reformative punishment as prescribed under the BNS 2023, within the context of previous practices in which courts adjudicating criminal matters have ordered community service, despite the lack of legal authority to do so. Through doctrinal and analytical research methodologies, this study undertakes a review of applicable legislation regarding community service; an evaluation of case law concerning community service and a comparative study of community service as a sentencing option to assess the goals, parameters and effectiveness of community service as a sanction. The paper further evaluates the utility of community service in terms of reducing imprisonment; facilitating the rehabilitation of offenders; and enhancing social accountability and further identifies operational and administrative barriers to implementation of community service. The paper concludes by observing that the formal statutory recognition of community service as a punishment in accordance with the Bharatiya Nyaya Sanhita, 2023 is consistent with contemporary principles of penology as a progressive reform in Indian criminal law if therefore there exist guidelines to support; institutional capacity to administer; and effective mechanism to monitor the community service penalty.
