"PUNISHMENT OF 'COMMUNITY SERVICE' UNDER BNS, 2023"

By: -        Natasha Rocha is a 4th year BBA LLB Law student, studying at  ISBR Law College affiliated to Karnataka State Law University.

Community service was codified for the first time through Section 4(f) of the BNS, which permits courts to sentence offenders to unpaid service benefiting the community as an alternative to imprisonment or fines.

The Explanation to Section 23 of the related Bharatiya Nagarik Suraksha Sanhita (BNSS) defines community service simply as “work which the court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration”.

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 services.

Few objectives involved under the community services are:

·   To hold the offender accountable for their offensive acts.

·   Reduce the burden on the prison system.

·   To provide a means for offenders to contribute to society.

·   And to promote the rehabilitation and reintegration of the offenders.

Offences Eligible for Community Service

Community service may be imposed for some specified offences such as Minor Offences and Judicial Discretion. 

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. Judges also 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. 

For Example, Petty Theft under Section 303(2): community service can only be granted if the offender is a first-time convict, the value is below ₹5,000, and the stolen property is returned or reimbursed.

Some of the sections that are eligible for community services are:

·   Section 202 – Public servant unlawfully engaging in trade.

·   Section 209 – Non‑appearance in response to a legal proclamation under BNSS Section 84.

·   Section 226 – Attempting suicide to compel or restrain lawful action by a public servant.

·   Section 303(2) – Petty theft (value < ₹5,000) by a first-time offender who returns or compensates for the stolen property.

·   Section 355 – Public misconduct in a state of intoxication.

·   Section 356(2) – Plain defamation (i.e. without publication or sale of defamatory materials).

Duration and Nature of Service  

Specified hours of service, The court determines the number of hours of community service based on the severity of the offence. 

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. For Example, it includes cleaning public spaces, working with non-profit organizations, or assisting in community development projects.

Non‑Compliance & Default Penalties

If a person defaults on the assigned community service, BNS stipulates the following substitute penalties:

• Up to 2 months’ imprisonment if the original fine or community service penalty was up to ₹5,000.

• Up to 4 months’ imprisonment where the fine or service was up to ₹10,000.

• Up to 1 year imprisonment for other cases.

# Case Laws

Real-world applications across India include courts ordering offenders to clean parks, hospitals, bus stands or sweep streets—for durations ranging from a few hours daily over several days - even for minor public nuisance offences.

For example, Courts in Jammu, Chandigarh, and Andhra Pradesh have recently implemented such sentence - for instance, assigning repetitive community working hours to habitual violators or youth causing public annoyance

Judgments in which Courts Directed the Accused to Render Community Service 

1. Parvez Jilani Shaikh v. State of Maharashtra (2015). 

The Court directed the accused to render community service at B.A.R.C Hospital.  

2. 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.   

3. 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. 

Criticisms & Challenges

Lack of clear statutory guidelines on what constitutes appropriate tasks, durations, or supervision structures. Community services are also inconsistent in sentencing, with judges applying community service unevenly due to absent standard protocols. There exist weak monitoring mechanisms to ensure completion of service hours, raising doubts about efficacy and also public perception that community service is “too lenient,” especially without structured oversight is very challenging to put forth that the punishment is definitely worth it.

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. However, there exists challenges which must be countered in order to properly implement such punishment in a stricter sense rather than just considering it as “Just A Punishment”.

 Date: 20th July 2025.