“COMMUNITY SERVICE AS A PUNISHMENT UNDER BNS: A STEP TOWARDS REFORMATIVE JUSTICE IN INDIA”
AUTHOR : ADV.ARSHIYA ABDULKADIR SHAIKH* & RAJ SAYYED WAJAHAD SAYYED AHMED,
* LLM (CRIMINAL LAW), SCHOOL OF LAW, SANDIP UNIVERSITY, NASHIK.
** LLB(HONS), SCHOOL OF LAW, SANDIP UNIVERSITY, NASHIK.
BEST CITATION – ADV.ARSHIYA ABDULKADIR SHAIKH & RAJ SAYYED WAJAHAD SAYYED AHMED, “COMMUNITY SERVICE AS A PUNISHMENT UNDER BNS: A STEP TOWARDS REFORMATIVE JUSTICE IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 372-382, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract
The Bharatiya Nyaya Sanhita, 2023 (BNS) marks a significant shift in India’s criminal justice philosophy by introducing community service as a form of punishment—an alternative to imprisonment for certain minor offences.[1] This development indicates a move toward reformative justice, which focuses not on retribution but on rehabilitation and reintegration of offenders into society.
This research critically examines the jurisprudential foundation, legislative framework, and practical implications of community service as a penal measure. It explores whether this change truly reflects a reformative turn or merely serves as a procedural adjustment. The study evaluates global practices, judicial trends, and institutional readiness in India to understand the feasibility and effectiveness of community service within the Indian context.
The paper concludes by highlighting the need for clear guidelines, judicial sensitization, and robust administrative mechanisms to ensure that community service achieves its intended objectives of restorative justice and respect for human dignity.
Keywords: Community Service, Bharatiya Nyaya Sanhita, Reformative Justice, Sentencing, Human Rights, Criminal Law.
[1] Bharatiya Nyaya Sanhita, No. 45 of 2023, § 4(f), Gazette of India (India).