ManuScript Details
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Paper Id:
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IJARW3158
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Title:
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REIMAGINING SENTENCING UNDER THE BHARATIYA NYAYA SANHITA: THE PROMISE AND LIMITS OF COMMUNITY SERVICE
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| Published in: |
International Journal Of All Research Writings |
| Publisher: |
IJARW |
| ISSN: |
2582-1008 |
| Volume / Issue: |
Volume 7 Issue 11 |
| Pages: |
6
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| Published On: |
7/18/2026 9:24:31 PM (MM/dd/yyyy) |
Main Author Details
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Name:
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Dr. Bhagwan Das |
| Institute: |
Government Law College, Pali (Rajasthan) |
Co - Author Details
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Author Institute |
Abstract
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Research Area:
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Law and Legislature |
| KeyWord: |
Community Service, Criminal Justice Reform, Bharatiya Nyaya Sanhita, Reformative Justice, Restorative Justice, Sentencing Policy |
| Abstract: |
The passage of the Bharatiya Nyaya Sanhita, 2023 (BNS) signifies a paradigm shift in India’s criminal justice philosophy, by introducing community service as a statutory mode of punishment for certain offences. This reform is consistent with the international movement towards rehabilitative and restorative approaches that balance the need for accountability with social reintegration, rather than solely incarceration and monetary penalties. However, the practical success of community service depends not only on its legislative recognition, but also on the existence of a coherent institutional framework able to guarantee uniform implementation, judicial consistency and effective supervision. This paper critically examines the extent to which the introduction of community service under the BNS represents a substantive advance in reformative justice, or whether it is a largely symbolic legislative innovation. The paper adopts a doctrinal research methodology and examines the relevant provisions of the BNS, judicial principles relating to sentencing and comparative practices in jurisdictions where community service has evolved as a structured and effective penal measure. The article discusses the conceptual basis of community service and critiques the inadequacy of the existing statutory framework and mechanisms of implementation and the legal, administrative and infrastructural hurdles to effective implementation in India. It also points out the problems of judicial discretion, lack of standardised procedures, monitoring shortfalls, institutional coordination and public perception which undermine the transformative potential of this sentencing option. The study presents a comparative analysis of the successful community service programmes and shows that comprehensive legislative guidelines, specialized supervisory institutions, clear offender assessment criteria and measurable standards for compliance are required. The article concludes that the BNS is a significant normative commitment to reformative justice, but its goals are unattainable without robust procedural safeguards, administrative readiness and policy reforms. It argues that community service should move from a mere symbolic statutory provision to an effective sentencing tool that can facilitate offender rehabilitation, reduce prison overcrowding and foster a more humane and restorative criminal justice system in India. |
Citations
Copy and paste a formatted citation or use one of the links to import into a bibliography manager and reference.
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IEEE
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Dr. Bhagwan Das, "REIMAGINING SENTENCING UNDER THE BHARATIYA NYAYA SANHITA: THE PROMISE AND LIMITS OF COMMUNITY SERVICE", International Journal Of All Research Writings,
vol. 7, no. 11, pp. 486-491, 2026.
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MLA
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Dr. Bhagwan Das "REIMAGINING SENTENCING UNDER THE BHARATIYA NYAYA SANHITA: THE PROMISE AND LIMITS OF COMMUNITY SERVICE." International Journal Of All Research Writings,
vol 7, no. 11, 2026, pp. 486-491.
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APA
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Dr. Bhagwan Das (2026). REIMAGINING SENTENCING UNDER THE BHARATIYA NYAYA SANHITA: THE PROMISE AND LIMITS OF COMMUNITY SERVICE. International Journal Of All Research Writings,
7(11), 486-491.
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REIMAGINING SENTENCING UNDER THE BHARATIYA NYAYA SANHITA: THE PROMISE AND LIMITS OF COMMUNITY SERVICE
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