“Community service is a fitting form of punishment that can help offenders become contributing members of society while paying their debt in a constructive manner.”
– Former U.S. President Barack Obama[1]
ABSTRACT
As societies evolve, so do their approaches to justice and rehabilitation. This paper explores community service as a form of punishment, particularly within the framework of Bharatiya Nyaya Sanhita (BNS). This alternative form of punishment stands at the intersection of restorative justice and community engagement, by providing offenders with opportunities for personal growth and rehabilitation while giving back to society. The adoption of community service as a punitive strategy not only reflects a significant shift in the Indian legal system but also signals a broader move towards more humane and effective methods of correction. We begin by tracing the evolution of punishments under the Indian Penal Code (IPC), and the introduction of community service in BNS. A comparative analysis with Western legal systems offers a global perspective on restorative justice. Furthermore, we examine case studies showcasing the application and the outcomes of community services in India. This paper addresses the challenges in implementing community service, including logistical hurdles and social acceptance, while highlighting potential benefits such as reduced recidivism and stronger community ties. This paper also explores strategies for effective implementation and the role of public awareness and acceptance in ensuring the success of community service initiatives. This comprehensive examination, underscores potential of community service as a transformative tool for individuals and communities alike.
KEYWORDS: Community service, Bharatiya Nyaya Sanhita (BNS), Retribution, Restorative justice.
[1]Barack Obama, “Remarks on Community Service,” White House Press Release (June 30, 2009).