Govt. Proposes Community Service as Punishment for Minor Offenses, Would Join UK, and USA if Passed | Details here

Bharatiya Nyaya Sanhita (BNS) Bill, 2023: In an unprecedented move, the Government of India has put forth a proposition to incorporate community service as a penalty for minor offenses within the revised edition of the Indian Penal Code (IPC). On Friday, Union Home Minister Amit Shah presented the 2023 Bharatiya Nyaya Sanhita (BNS) Bill in the Lok Sabha, marking a significant shift in the legal landscape.

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What would come under as Minor Offences?

In the past, the Indian Penal Code (IPC) encompassed penalties including death, life imprisonment, rigorous imprisonment (incarceration involving labor), simple imprisonment, property forfeiture, and fines. However, a recent addition to this is 'community service'. The envisaged legislation proposes the utilisation of community service for instances such as attempted suicide, unauthorised commercial activities by public officials, theft of property valued below Rs 5,000, public intoxication, and cases of defamation.

While Indian courts have previously released individuals found guilty of minor offenses by directing them to engage in activities like tree planting, assisting at religious sites, contributing to shelters and orphanages, or overseeing traffic signals, it's noteworthy that the inclusion of community service as a punitive measure for lesser crimes is being introduced for the first time under the 'Bharatiya Nyaya Sanhita' (BNS) Bill.

As outlined in the BNS Bill, the act of defamation will incur penalties that encompass a straightforward imprisonment period of up to two years, a monetary fine, community service, or a combination of these measures. Contrastingly, the Indian Penal Code (IPC) penalizes public misconduct by an intoxicated individual with either a 24-hour simple imprisonment term, a maximum fine of Rs 10, or a combination thereof. In the revised BNS Bill, the fine has been elevated to Rs 1,000, and community service has been introduced as an additional option.

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To solve the 'Prison' Problem

The BNS Bill introduces a modified provision regarding the act of attempting suicide to coerce or impede the exercise of legal authority, which now also incorporates the concept of community service. Given the substantial proportion of inmates being held as undertrials, incorporating community service as a measure serves to alleviate the problem on overcrowded prisons. This approach proves especially beneficial for first-time offenders and individuals convicted of minor infractions, ensuring their avoidance of prison confinement.

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