NEW DELHI: A
theft
convict, to get the benefit of
community service
as
punishment
, will have to fulfil three
conditions
– being convicted for the first time, the value of the stolen property being less than Rs 5,000, and having either restored the stolen property or returned the value of the stolen property.
The Bharatiya Nyaya Sanhita 2023 (BNS), notified last month but which is yet to come into force, also provides for community service as punishment for non-appearance in response to a proclamation under Section 84 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), involvement of public servant in illegal trade (Section 202 of BNS), attempt to commit suicide to compel or restraint exercise of lawful power of public servant (Section 226 of BNS), misconduct in public by a drunken person (Section 355 of BNS) and defamation (Section 356 of BNS).
“The concept of community punishment includes the execution of unpaid work during spare time and within a specified period of time for the good of the community.The core philosophy of community service is punishment by re-socialisation. An attempt has been made to bring about restorative justice by emphasising personal accountability,” a home ministry officer said.
While the option of community service – defined under BNSS 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” – is provided as a punishment for defamation, this will be limited to plain acts of defamation where the alternative punishment is imprisonment for a term up to two years or fine, or both. Those convicted of printing or engraving matter or selling such matter that they know or believe to be defamatory, will not get the benefit of community service, even though the punishment for these offences is the same as an act of defamation. In the case of misconduct by a drunken person, community service is offered as an alternative to simple imprisonment for up to 24 hours or fine up to Rs 1,000. For both public servant engaging in illegal trade and a person attempting suicide to compel a public servant from exercising lawful power, community service may be ordered by the court as an alternative to simple imprisonment of up to one year or fine, or both.
Introduction of community service as a punishment was appreciated by all stakeholders during discussions preceding introduction of the three criminal justice bills, on the grounds that it would not only lighten the burden on the prison infrastructure by reducing the number of inmates but also improve management of prisons in the country.