For the first time in India, the new BNS proposes Community Service as a mode of punishment. Most of the offences attracting this punishment are those which are petty in nature. Some of these offences (for which punishment is community service with or without fine) are Public Servant engaging in unlawful trade (Cl. 202), Non-appearance in response to a proclamation under Cl. 84 of BNSS (Cl. 209), Attempt to commit suicide to compel or restraint exercise of lawful power (Cl. 226), First offence of theft of property for offences under Rs. 5000/- (Cl. 303[2]), Misconduct in public by a drunken person (Cl. 355), Defamation (Cl. 356[2]) etc. With introduction of Community Service as a mode of punishment, the terms/ contours of this may be defined by respective Governments.
Background on Community Punishment
- The use of non-custodial forms of punishment has been discussed by several previous judicial decisions and Committees as well as Commissions. The 42nd LCR suggested the incorporation of non-custodial forms of punishment;11 the Indian Penal Code (Amendment) Bill, 1978 sought to introduce the concept of supervised Community Service Orders as an alternative to imprisonment;12 and the Malimath Committee Report recommended the introduction of community service as an alternative punishment for less grave offences pertaining to Social Welfare, Economic, and other offences13.
- Community service, as an alternative to custodial punishment, also finds judicial backing as early as in 1978, through the case of Babu Singh v. State of Uttar Pradesh14, the principles of which were reiterated in State v. Sanjeev Nanda in the following terms
- Convicts in various countries, now voluntarily come forward to serve the community, especially in crimes relating to motor vehicles. Graver the crime greater the sentence. But, serving the society actually is not a punishment in the real sense where the convicts pay back to the community to which he owed. Conduct of the convicts will not only be appreciated by the community, it will also give a lot of solace to him, especially in a case where because of one’s action and inaction, human lives have been lost’
- The concept of Community services could involve the performance of unpaid work, during leisure-time and within a given period, for the good of the community16. Thus, the original philosophy of community service fits very well with the special preventive aim of punishment (resocialization) as well as to the idea of restorative justice by emphasizing on individual accountability.
