Community Service Under The BNS, 2023: Advancing A Reformative Model Of Criminal Justice Through Comparative Analysis Of The UK and US
VanshikaOct 14, 202610.5281/zenodo.23369055pp. 560–57213 pages
The introduction of Community Service as a distinct form of punishment under the Bharatiya Nyaya Sanhita, 2023, represents a watershed moment in India’s penal reform, signalling a shift from retributive incarceration toward a reformative and restorative model of justice. This paper critically examines the conceptual foundations, statutory framework, and judicial evolution of community service within Indian criminal law, situating it against comparative international practices in the United Kingdom, the United States, and New Zealand. It identifies the core institutional, regulatory, and implementation challenges that hinder the operationalisation of this progressive reform—most notably legislative ambiguity, lack of sentencing uniformity, and inadequate supervisory mechanisms. Through a jurisprudential and policy-oriented analysis, the study argues that the success of community service as a penal tool depends on the establishment of clear sentencing guidelines, dedicated administrative infrastructure, and calibrated judicial discretion. The paper concludes that only by institutionalising community service within a coherent, transparent, and accountable framework can India transform this reform from a symbolic gesture into a cornerstone of a humane and effective criminal justice system.