The Paradigmatic Rupture: From Colonial Control to Constitutional Justice
The enactment of the Bharatiya Nyaya Sanhita (BNS) 2023 represents the most significant structural and philosophical transformation in India’s criminal legal landscape since the mid-nineteenth century.1 This legislative overhaul, which officially superseded the Indian Penal Code (IPC) of 1860 on July 1, 2024, is not merely an exercise in legal modernization but a profound attempt to decolonize the very essence of “punishment” in the Indian republic.3 The transition signals a shift from “Dand”—a term traditionally associated with state-inflicted punishment—to “Nyay,” which encapsulates the broader ideal of justice.2
While the IPC utilized harsh custodial sentences to maintain administrative order, the BNS introduces a reformative dimension through the statutory recognition of community service as a formal category of punishment.2 This aligns India with global restorative justice principles, transforming offenders from passive recipients of state wrath into active contributors to community welfare.11
Statutory Framework And Magisterial Authority
The integration of community service is achieved through a dual architecture: the BNS for substantive definitions and the Bharatiya Nagarik Suraksha Sanhita (BNSS) for procedural implementation.8 Section 4(f) of the BNS formally lists community service as the sixth type of punishment.6
The procedural nuances are clarified under Section 23 of the BNSS, which defines community service as work ordered by the Court that benefits the community, explicitly stipulating that the convict shall not be entitled to any remuneration.17
Judicial Competence And Sentencing Discretion
The power to award community service is primarily vested in the lower judiciary. The BNSS establishes clear jurisdictional boundaries for magistrates:
| Class of Magistrate | Authority for Community Service | Sentencing Power (Fine / Imprisonment) |
|---|---|---|
| Magistrate of the First Class | Explicitly authorized 18 | Up to 3 years; Fine up to ₹50,000 |
| Magistrate of the Second Class | Explicitly authorized 18 | Up to 1 year; Fine up to ₹10,000 |
Crucially, the presiding judge maintains complete discretion in determining whether an accused person qualifies for community service based on their background and the nature of the case.
The Six Statutory Offenses: Unique Legal Nuances
The BNS 2023 identifies six specific offenses where community service may be applied. Recent analysis highlights unique statutory triggers for these crimes:
- Unlawful Trade by Public Servants (Section 202): Targets ethical breaches in public office.13
- Non-appearance in Response to Proclamation (Section 209): Addresses procedural defaults in court appearance.14
- Coercive Suicide Attempts (Section 226): This provision is distinct from the repealed Section 309 IPC. It targets suicide attempts made specifically to “compel or restrain” a public servant from exercising lawful power. Prosecution must prove this specific intent; acts stemming from genuine mental distress or personal shame may not qualify for prosecution under this section.
- Petty Theft (Section 303(2) Proviso): For first-time convictions where the stolen property value is less than ₹5,000 and has been restored, community service is not just an alternative—it is the sole mandatory punishment that the court must impose.13
- Public Misconduct in Intoxication (Section 355): Allows the court to require reparative labor in public spaces disturbed by the offender.13
- Criminal Defamation (Section 356(2)): Balances reputation protection with free speech concerns.4
State-Level Operationalization: The 2025 Rules
While the central law provides the framework, individual states have begun notifying specific rules to implement these sentences. This regional “activation” is critical for ground-level execution.
Maharashtra’s Implementation
Under the Maharashtra (Community Service as Punishment for Certain Offences) Rules, 2025 (notified Nov 28, 2025), the state defined rigorous parameters for service:
- Duration: Ordinarily between 1 and 31 days, or 40 to 240 hours, limited to 8 hours per day.
- Specific Tasks: Cleaning or maintaining hospital wards, managing casualty or operation theatres in government hospitals, binding books at government-run libraries, weed removal from roadsides, and traffic regulation.
Delhi’s Framework
The Delhi government’s home department notified 12 specific community services, including sanitation-related duties in hospital wards and book arrangement in public libraries. A 2023 pilot project in Dwarka successfully resolved four cases through community service mandates, which reportedly led to a reduction in repeat offenses.
Theoretical Foundations: “Nyay” And Therapeutic Jurisprudence
The BNS aligns with the “sin, not the sinner” philosophy, drawing from therapeutic jurisprudence—a field that views the law as a social force with healing potential.19 In the context of Section 226, experts suggest that assigning mental health awareness activities as community work could serve as a constructive alternative to incarceration, aligning legal outcomes with forensic psychiatry insights.20
Comparative Jurisprudence: Global Benchmarks
| Jurisdiction | Approach To Community Service |
|---|---|
| United Kingdom | Managed by the Probation Service as “Community Payback,” involving 40 to 300 hours of visible work. |
| New Zealand | Integrates indigenous Maori principles, focusing on victim-offender mediation and achieving lower recidivism.11 |
| Japan | Utilizes a unique network of “hogoshis” (volunteer probation officers) to supervise offenders, a model cited as a potential solution for India’s monitoring gap. |
| Canada | Emphasizes skill development and “community capacity building” by having offenders contribute to non-profit organizations.11 |
Socio-Legal Critique: The “Seva” Vs. Labor Paradox
A major sociological concern in India is the perception of labor and its intersection with caste.
The Caste Dimension
Historically, manual labor has been associated with marginalized castes. If community service is restricted to tasks like “cleaning streets,” it risks reinforcing deep-seated social stigmas and caste-based hierarchies. Data from 2024 shows that 91.9% of workers in hazardous sanitation fields belong to SC/ST or OBC groups, making the choice of “cleaning tasks” as punishment a sensitive legal issue.
Ethos Of Seva
Some jurists argue that community service should be framed as “Seva” (civic service) to instill social responsibility.7 This requires matching tasks with an offender’s skills—for example, directing a student to help in a library rather than clearing wasteland.21
Implementation Hurdles And Monitoring Gaps
Despite its potential, several structural deficiencies persist:
- Lack Of Supervision: Currently, India lacks a specialized cadre of probation officers to track completion. Snippets suggest that without partnerships with NGOs and volunteer groups, offenders may perform tasks “half-heartedly.”22
- Sentencing Disparities: The absence of standardized guidelines has led to “experimentation” by judges. In a 2024 case, the Delhi High Court ordered two neighbors to serve pizza and buttermilk to children in a care institution—a sentence that, while creative, raises questions about correctional consistency.
- Digital Challenges: While the BNSS encourages technology, the Karnataka High Court recently quashed police notices served via WhatsApp, citing a lack of legal permissibility for such digital service.
Conclusion: The Horizon Of Reform
The BNS 2023 is a historic leap that moves beyond “vengeance” toward “restoration.” Its success depends on whether the state can build a robust monitoring infrastructure and ensure that the “Seva” performed by offenders is meaningful rather than menial. Early success data (an 80% success rate in a 2022 pre-BNS cohort of 1,203 offenders) suggests that if implemented with precision, community service could effectively decolonize the Indian legal heart, reducing prison overcrowding while healing community bonds. Work Cited:
- The Bharatiya Nyaya Sanhita, 2023: Transforming Indian Criminal Justice Or Reinventing Old Bottles. – Law Jurist, accessed December 22, 2025, https://lawjurist.com/index.php/2025/09/28/the-bharatiya-nyaya-sanhita-2023-transforming-indian-criminal-justice-or-reinventing-old-bottles/
- International Journal Of Law Management & Humanities, accessed December 22, 2025, https://ijlmh.com/wp-content/uploads/From-Retribution-to-Reform.pdf
- Handbook on the Bharatiya Nyaya Sanhita, 2023 – BPR&D, accessed December 22, 2025, https://bprd.nic.in/uploads/pdf/BNS Book_After Correction.pdf
- A Critical Analysis of the New Bharatiya Nyaya Sanhita and the Indian Penal Code – International Journal of Advanced Research and Development, accessed December 22, 2025, https://www.multireviewjournal.com/assets/archives/2025/vol10issue2/10025.pdf
- Highlights of New Criminal Laws – (PIB), accessed December 22, 2025, https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=2039055
- Concept of Community Service as Punishment under BNS, 2023: A Boon or Bane?, accessed December 22, 2025, https://thelawwaywithlawyers.com/concept-of-community-service-as-punishment-under-bns-2023-a-boon-or-bane/
- Alternative Sentencing in India: The Legal Dimensions of Community Service under the Bharatiya Nyaya Sanhita, 2023 – International Journal of Criminal, Common and Statutory Law, accessed December 22, 2025, https://www.criminallawjournal.org/article/149/5-2-10-354.pdf
- The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023) – Ministry of Home Affairs, accessed December 22, 2025, https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf
- Bharatiya Nagarik Suraksha Sanhita, 2023 – India Code, accessed December 22, 2025, https://www.indiacode.nic.in/handle/123456789/20099
- India’s New Criminal Laws 2023: BNS, BNSS & BSA Explained – Lawgical Search, accessed December 22, 2025, https://lawgicalsearch.com/indias-new-criminal-laws-2023-bns-bnss-bsa-explained-replacing-ipc-crpc-evidence-act-from-1-july-2024/
- A Socio-Legal Analysis of ‘Community Service’ in the Bharatiya Nyaya Sanhita, 2023 – JLRJS, accessed December 22, 2025, https://jlrjs.com/wp-content/uploads/2025/10/5.-Vaishali-Jain.pdf
- RM 1 | PDF | Crimes | Crime & Violence – Scribd, accessed December 22, 2025, https://www.scribd.com/document/910478905/RM-1
- Community Service under the BNS: Progress, Pitfalls, and Potential – NLIU Law Review, accessed December 22, 2025, https://nliulawreview.nliu.ac.in/blog/community-service-under-the-bns-progress-pitfalls-and-potential/
- Community Service as a Punitive Measure: A Critical Analysis under India’s Emerging Criminal Law Regime – IJFMR, accessed December 22, 2025, https://www.ijfmr.com/papers/2025/5/56500.pdf
- Community Service – Reference Material, accessed December 22, 2025, https://uktech.ac.in/downloadmedia/siteContent/202402141901327385bns_140224.pdf
- How India Punishes: Rethinking the Use of Criminal Law – IDR, accessed December 22, 2025, https://idronline.org/article/social-justice/how-india-punishes-rethinking-the-use-of-criminal-law/
- Shifting Contours of Criminal Laws: Analysing the Viability of Community Service as a Punitive Measure in India, accessed December 22, 2025, https://nualslawjournal.com/2024/09/20/shifting-contours-of-criminal-laws-analysing-the-viability-of-community-service-as-a-punitive-measure-in-india/
- BNSS Section 23 – Sentences Which Magistrates May Pass, accessed December 22, 2025, https://www.latestlaws.com/bare-acts/central-acts-rules/bnss-section-23-sentences-which-magistrates-may-pass/
- Therapeutic Jurisprudence and Healing-Centered Jurisprudence – Virtuosity Legal, accessed December 22, 2025, https://virtuositylegal.com/therapeutic-jurisprudence-and-healing-centered-jurisprudence/
- The Bharatiya Nyaya Sanhita Act (BNSA), 2023: Implications for Forensic Psychiatry in India, accessed December 22, 2025, https://pmc.ncbi.nlm.nih.gov/articles/PMC11572553/
- Community Service as Punishment under BNS 2023 – Delhi Law Academy, accessed December 22, 2025, https://www.delhilawacademy.com/community-service-bns/
- The Concept of ‘Community Service’ Punishments under BNS 2023 – Zenodo, accessed December 22, 2025, https://zenodo.org/records/15328371/files/Sneha Chauhan – The Concept of ‘Community Service’ Punishments under BNS 2023 A Reformative Approach to Justice.pdf?download=1
Written By: Judge Nazmul Hasan
Senior Judicial Magistrate | Prime Minister Gold Medalist
Profile Overview
p>Nazmul Hasan is a highly accomplished judicial officer and legal scholar from Bangladesh, distinguished by a rare blend of judicial service excellence and unparalleled academic achievement.
Professional Expertise
| Title | Achievement / Service | Details |
|---|---|---|
| Senior Judicial Magistrate | Bangladesh Judicial Service (BJS) | Serving as a Senior Judicial Magistrate, demonstrating profound expertise in dispensing justice and administering court procedures. |
| Service Rank | 11th Bangladesh Judicial Service (BJS) | Secured the 7th Merit Position overall in the rigorous 11th BJS competitive examination, marking an exceptional start to a distinguished judicial career. |
Academic Distinction
| Qualification | Institution | Recognition |
|---|---|---|
| LL.B. (Hons.) | University of Rajshahi | First Class First (Top of the Cohort), signifying ultimate academic mastery in undergraduate legal studies. |
| LL.M. | University of Rajshahi | Achieved First Class standing, further solidifying expertise and specialized knowledge in advanced legal disciplines. |
Honors & Achievements (Awards of Excellence)
- Prime Minister Gold Medalist (2017)
Awarded the nation’s most prestigious academic honor for outstanding performance across all disciplines at the university level. - Agrani Bank Gold Medalist for Academic Excellence (2023)
Recognized with this distinguished medal for sustained academic excellence and leadership in the field of law.
Contact Information
Email: [email protected]
