TOWARDS A RESTORATIVE JUSTICE SYSTEM

Sheeba Cathrein
Jan 30
3 min read

Updated: Mar 14

It’s refreshing to usher in community service as a form of progressive punishment through the newly implemented criminal laws under the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”).

As a concept, community service has long been acknowledged as a probable disciplinary tactic by various judges.

Sample this: In the landmark case of Gudikanti Narasimhulu and Ors vs Public Prosecutor, High Court of Andhra Pradesh (1977)[1], the Hon’ble Justice V. R. Krishna Iyer of the Supreme Court observed that ‘Public justice is central to the whole of bail law. Fleeing justice must be forbidden but punitive harshness should be minimized. Restorative devices to redeem the man, even through community service, meditating drill, study classes or other resources should be innovated’. Justice Krishna Iyer’s observations underline the potential of community service to reform offenders and benefit society simultaneously.

Similarly, in State v. Sanjeev Nanda [2], Hon’ble Justice Radhakrishnan of the Supreme Court highlighted the value of community service. He noted that ‘Convicts in various countries, now, voluntarily come forward to serve the community, especially in crimes relating to motor vehicles. Graver the crime, greater the sentence. But, serving the society actually is not a punishment in the real sense where the convicts pay back to the community what they owe. Conduct of the convicts will not only be appreciated by the community, it will also give a lot of solace to them, especially in a case where because of one's action and inaction, human lives have been lost.’

A few more examples where courts have awarded community service are in the matter of Neeraj Kirola v. State of Uttarakhand & Anr[3], where the High Court directed the accused to plant 50 trees in lieu of compounding sexual harassment offence under IPC; and, in Saraswati Educational Charitable Trust v. Union of India[4], wherein the Supreme Court directed MBBS students to community service at the discretion of National Medical Commission for a period of 2 years.

Community service, as a legal remedy, is not entirely new to Indian criminal jurisprudence. A statutory provision exists under the Juvenile Justice (Care and Protection of Children) Act, 2015[5], allowing discretionary power to the Juvenile Justice board, to order juveniles to perform community service under supervision of an organization or institution or a specified person. As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013[6], the complaints committee can recommend community service as an action against sexual harassment. The Motor Vehicles Act, 1988 allows the State Government to impose community service[7] as an additional punishment for certain offences.

The newly framed BNS and BNSS are detailed in establishing community service. BNSS defines the term ‘Community Service’ to mean ‘the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which the convict shall not be entitled to any remuneration.’[8]

Introduced through Section 4(f)[9] of the BNS, community service is outlined as a punishment for offenses such as public servants unlawfully engaging in trade[10], non-appearance in court[11], attempts to commit suicide to compel or restrain the exercise of lawful power[12], theft below Rs. 5,000[13], appearing in public places in a state of intoxication and causing annoyance[14], defamation against the president, vice president, governor, ministries and others[15].

This punishment primarily targets petty cases and first-time offenders, ensuring a chance for reformation over pure retribution. By focusing on accountability and personal growth, effective community service has the potential to transform lives, fostering a justice system that balances compassion with discipline.

India’s criminal justice system has long been rooted in punitive and reformative principles. However, the inclusion of community service as a formal punishment opens a new chapter—embracing restorative justice.

[1] (1978) 1 SCC 240 https://indiankanoon.org/doc/656741/

[2] (2012) 8 SCC 450 https://indiankanoon.org/doc/190237958/

[3] C482 No. 1437 of 2023

[4] (2021) 18 SCC 779

[5] S. 18(1)(c) of Juvenile Justice (Care and Protection of Children) Act, 2015

[6] Rule 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013

[7] S. 200 of Motor Vehicles Act, 1988

[8] Explanation to S. 23 of BNSS

[9] S. 4 Punishments of BNS

[10] S. 202 of BNS

[11] S. 209 of BNS

[12] S. 226 of BNS