The Central government for the first under the leadership of Prime Minister Narendra Modi has proposed to introduce community service as one of the punishments for petty crimes through the new version of the Indian Penal Code. Earlier the IPC dealt with punishments in the form of death, imprisonment for life, rigorous imprisonment,simple imprisonment, forfeiture of property and fine. Now community service has been added to this list. The proposed law suggests community service in cases like attempt to suicide, public servants unlawfully engaged in trade , theft of property less than 5000, public intoxication and defamation.
Until now courts have randomly handed down community service as a punishment to first time or petty offenders but now this will become a permanent law. Incorporating community service in the new criminal laws as a punishment for petty offenses is a progressive shift from the traditional Retributive theory of justice to a Restorative one . This approach to criminal justice is based on the quote attributed to Mahatma Gandhi -"Hate the crime not the criminals". Punishment does not prevent the spread of disease, instead it is the overall socio economic system that causes the disease. Treating the individual can only be effective if we address underlying socio economic issues. Community service fulfills this role as it addresses crime and contributes to community welfare. Community service defined under section 23 of BNS; it means the work which the court may order a convict to perform as a form of punishment that benefits the community for which he shall not be entitled to any remuneration '. As emphasized by the Hon'ble Supreme Court in the State of Gujarat vs Hon'ble High Court of Gujarat, the primary purpose of punishment in the criminal justice system is reformation which can be achieved through rehabilitation. Community service works for petty crimes and young offenders as it provides them a chance to reform, whereas a jail term could turn them into hardened criminals.
The writer is an Advocate at Jharkhand High Court. Views expressed are personal.
