INTRODUCTION
On 25th December 2023 the president of India gave assent to the Bhartiya Nyaya Sanhita 2023 which replaced the colonial Indian penal code of 1860. The new act brought significant changes in the existing criminal system one of such is the introduction of community service as a punishment for petty offences. It has been introduced as one of the forms of punishment u/s 4(f) of the Sanhita. Community service has not been defined under the Sanhita but in general terms it refers to a work done voluntarily therefore unpaid, as a positive contribution to society. However, in context of punishment community service refers to an unpaid labour or work imposed by the judicial court on the offender to repent and recognize his wrong actions and take responsibility for them by doing something meaningful and contribute to the society/community. Examples would include charity works, cleaning work, tutoring the underprivileged etc.
COMMUNITY SERVICE AS A PUNISHMENT FOR PETTY OFFENCES
Petty offences are those offences which are not of serious nature and that is why they do not attract harsh punishments like rigorous imprisonment, imprisonment for life or death sentence. In the repealed criminal law i.e. Indian penal code 1860 the petty offences were punishable with punishment of simple imprisonment. However now as per the Sanhita for petty offences community service can be imposed as a form of punishment instead of necessarily imprisoning the offender. The following six offences under the Bhartiya Nyaya Sanhita has been prescribed with community service as an alternative form of punishment:
1] Non-appearance in response to a proclamation: when a person against whom a warrant has been issued is absconding in order to avoid the execution of such warrant the court issues a written proclamation demanding such person to appear at a specified place and time within thirty days of such proclamation. Section 209 penalizes such person if he fails to comply with the proclamation. It provides that such person shall be punished with imprisonment extending three years, or with fine or with both or with community service.
2] Public servant unlawfully engaging in trade: these includes those public servants who are prohibited from engaging in trade when they hold their office are engaged in trade unlawfully. Example police officers, judges or magistrates etc. To maintain the integrity of their position or office they are prevented from engaging in business or trade. Section 202 penalizes such public servants who unlawfully engage in trade when prohibited. It provides simple imprisonment which may extend to one year or fine or both, or community service.
3] Attempt to commit suicide to compel or restrain the exercise of lawful power: this involves a situation when someone in order to compel or restrain a public servant from discharging his official duty attempts to commit suicide. Section 226 penalizes such an act with simple imprisonment extending one year or with fine or with both or with community service.
4] Theft of property worth less than five thousand rupees: when the offence of theft is committed but where such stolen property is worth less than five thousand rupees and such property has been restored or the value of it is returned and if the offender is convicted for the first time, then in such case as per proviso to section 303 such offender shall be punished with community service.
5] Misconduct in public by drunken person: this involves a situation where an intoxicated person appears in public or trespasses a place and conducts himself in a manner as to cause annoyance to any person. Section 355 penalizes such an act with imprisonment extending twenty-four hours, or with fine which may extend to one thousand rupees or with both or with community service.
6] Defamation: in case of offence of defamation as well community service can be imposed as a punishment. One is said to defame another when such person makes or publishes any imputation concerning that another, (it could be a person or a company) either spoken or written or through signs or visible representation to harm or knowing that it will harm the reputation of such another person or company. Section 356 provides punishment for defamation which is simple imprisonment extending two years or fine or both or community service.
PRIOR STATUS
Before the introduction of community service as a form of punishment for petty offences in Bhartiya Nyaya Sanhita the earlier penal code did not have community service as a form of punishment. However, the High court by exercising their discretionary powers u/s 482 of the code of criminal procedure 1973 have imposed community service as a punishment in several cases including cases not necessarily petty. In Mahendra Singh alias sunny & anr v/s the state & Ors, 2021 the Delhi high court ordered the two accused to do community service while quashing the FIR made against them u/s 308 (attempt to culpable homicide not amounting to murder) of ipc. The court observed that the injuries sustained by the complainant were simple and minor in nature and the accused were youngsters and thus directed them to do community service at a hospital for one month and in addition imposed a cost of 25,000/- (twenty-five thousand) rupees on each of them to be paid towards army welfare fund battle casualties.
CONCLUSION
Community service under Bhartiya Nyaya sahitya is only restricted for petty offenses like the ones mentioned above. This form of punishment, an alternative to incarceration for petty offenses is a productive form of justice which aims to correct the offender in a way which benefits both the offender and the community. community service as a form of punishment has been proved to be effective in many countries. In Bhartiya Nyaya Sanita the introduction of community service as a form of punishment for petty offenses aligns with the reformative theory of punishment. Reformative also known as corrective theory aims to punish the offender in a manner which aims to reform the offender's character positively instead of inflicting hard punishments like imprisonment which may further make him a hardened criminal. It is also based on a restorative form of justice as community service requires the offender to pay for his offense by doing a good deed and contributing positively to the community and thereby deter himself or herself from walking the wrong path again and be a good example for oneself and others. Community service as a form of punishment is a wise approach to punish the offenders without keeping them confined in a prison and thereby eliminating the issue of overcrowding to some extent.
REFERENCE:
1.The Bhartiya Nyaya Sanhita, 2023 (Act no. 45 of 2023), S. 4(F), 209, 202, 226, 303, 355, 356.
2. Mahendra Singh alias sunny & anr v/s the state & Ors, AIR 2021 DEL 347
By Amruta Pawar
(Intern at Nyaya Nishtha)