Author(s): Vivek Kumar Gupta

Abstract: The Bharatiya Nyaya Sanhita, 2023 (BNS) represents a landmark reform in the Indian criminal justice system, introducing community service as a structured alternative to traditional custodial punishment. This research paper examines the legal dimensions, implementation challenges, and socio-legal implications of community service sentencing under the BNS framework. The study underscores the transformative potential of community service in promoting rehabilitative and restorative justice, reducing prison overcrowding, and fostering offender reintegration into society. Through a detailed analysis of statutory provisions, judicial interpretations, and comparative international practices, the paper highlights how community service aligns with constitutional principles, including the right to dignity, equality before the law, and humane treatment of offenders. The research identifies key implementation challenges such as administrative inadequacies, lack of standardized monitoring mechanisms, potential societal stigma, and the need for capacity-building among judicial and probation officers. It further explores how judicial perspectives, drawing from landmark Indian judgments, shape the operationalization of community service and ensure proportionality and fairness in sentencing. Comparative insights from jurisdictions such as the United States, United Kingdom, Canada, Australia, South Africa, and Nordic countries provide valuable lessons on best practices in designing, supervising, and evaluating community service programs, emphasizing accountability, skill development, and restorative outcomes.

Pages: 65-73 | Views: 1410 | Downloads: 1228

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