Introduction 

Community service is a form of punishment that requires offenders to perform unpaid work for the benefit of the community as part of their sentence. Community Service as a form of punishment has been introduced for the first time under the Bharatiya Nyaya Sanhita, 2023 (BNS). 

• This represents a shift towards restorative justice, emphasizing rehabilitation and reintegration of offenders into society rather than purely punitive measures. 
• Offenders involved in minor offences can avoid traditional punishment by performing community service. 

Object 

• Community service is designed to: 
  • Hold offenders accountable for their offensive acts. 
  • Provide a means for offenders to contribute to society. 
  • Reduce the burden on the prison system. 
  • Promote the rehabilitation and reintegration of offenders. 

Eligibility for Community Service 

• Minor Offences 
  • Community service is typically reserved for minor offences, non-violent crimes, and first-time offenders.  
  • This ensures that the punishment is proportionate to the crime.   
• Judicial Discretion 
  • Judges have the discretion to impose community service based on the nature of the offence, the circumstances of the case, and the background of the offender. 

Duration and Nature of Service  

• Specified hours 
  • The court determines the number of hours of community service based on the severity of the offence.  
• Nature of service  
  • The nature of the community service work is decided in a way that it benefits the community and is suitable for the offender’s abilities.  
  • Examples include cleaning public spaces, working with non-profit organizations, or assisting in community development projects.    

Provisions under BNS providing Punishment of Community Service 

The BNS has introduced community service in addition to imprisonment or fine as a form of punishment for the following six offences: 

• Section 202: Public servant unlawfully engaging in trade 
• Section 209: Non-appearance in response to a proclamation under section 84 of BNSS, 2023 
• Section 226: Attempt to commit suicide to compel or restrain exercise of lawful power 
• Section 303(2) proviso: Theft where the value of the stolen property is less than five thousand rupees and a person is convicted for the first time and returns or restores the value of property. 
• Section 355: Misconduct in public by a drunken person. 
• Section 356(2): Defamation  

Judgments in which Courts Directed the Accused to Render Community Service 

• Parvez Jilani Shaikh v. State of Maharashtra (2015): 
  • The Court directed the accused to render community service at B.A.R.C Hospital.  
• Sunita Gandharva v. State of Madhya Pradesh (2020): 
  • The Court held that, as per Section 437(3) of the Criminal Procedure Code, 1973 (CrPC) Court can impose “any other conditions in the interest of justice” over accused by way of community service and other related reformatory measures and same can be innovated also but must be as per his capacity and willingness.   
• Manoj Kumar v. State (Govt. of NCT of Delhi) (2022): 
  • The Court directed the accused to do community service at Lok Nayak Jai Prakash Narayan Hospital on every Saturday and Sunday for one month. 

Conclusion

The inclusion of community service as a form of punishment in the Bharatiya Nyaya Sanhita 2023 marks a progressive step towards a more balanced and rehabilitative criminal justice system in India. By focusing on restorative justice, the BNS 2023 aims to create a system where offenders can make positive contributions to society, thereby promoting their rehabilitation and reducing the burden on the prison system. This approach not only benefits the offenders but also the community at large, fostering a more inclusive and constructive approach to justice.