Srinagar, Sep 21: The newly implemented criminal laws have introduced a provision that allows courts to award community service as a form of punishment for first-time offenders involved in minor offenses.
This is being hailed as a progressive, restorative approach to justice that prioritizes rehabilitation over incarceration.
The provision, which came into force with the implementation of the Bharatiya Nyaya Sanhita, 2023 (BNS), marks a significant departure from the colonial-era Indian Penal Code (IPC) of 1860.
For the first time in Indian legal history, community service is formally recognized as a legal punishment under criminal jurisprudence.
Under Section 4 of the Bharatiya Nyaya Sanhita, courts may impose community service on first-time offenders guilty of minor infractions — such as petty theft, public nuisance, defamation, or simple hurt – if the offense does not carry a mandatory imprisonment clause and no serious injury, damage, or threat to public safety has occurred.
Judges have been given discretion to evaluate the nature of the crime, the offender’s background, and the likelihood of reoffending before opting for community service instead of a jail term or fine.
Community service may include activities such as cleaning public spaces, assisting in government welfare programs, volunteering in hospitals or old-age homes, and participating in environmental conservation drives.
The exact terms and duration of community service will be decided by the sentencing court in consultation with probation officers and local administration.
Legal experts, criminologists, and human rights advocates have long argued that India’s justice system is burdened with overcriminalization and overcrowded prisons. Minor offenders often end up in jails where they are exposed to hardened criminals, leading to further criminalization instead of reform.
“One of the breakthrough provisions of the new criminal laws is the provision of awarding community service to first-time offenders of minor offenses. #NewCriminalLaws @KashmirPolice @ZPHQJammu @crimebranchjkp,” J&K Police said in a post on X.
“This is a much-needed reform that brings a humane and modern approach to justice,” says a senior advocate here at the J&K High Court. “Community service helps offenders give back to society, take responsibility for their actions, and reintegrate without the stigma of incarceration.”
India’s prison population, as per National Crime Records Bureau (NCRB) data, has been steadily increasing, with nearly 77% being undertrials. Many of them are poor, uneducated, and caught in the web of minor cases where bail is difficult due to a lack of legal awareness or resources.
India now joins a growing list of countries – including the United States, the United Kingdom, Canada, and South Africa – that use community service as a sentencing option for non-violent crimes. In these jurisdictions, community service has shown promise in reducing repeat offenses (recidivism), promoting accountability, and saving state resources.
