The concept of community service as a form of punishment has been introduced for the first time in Section 4(f) of the BNS, 2023. The ‘explanation’ clause of Section 23 refers to ‘community service’ as work which would be entrusted to the convict as a form of punishment for which he shall not be provided any remuneration. This reminds me of a movie where the actor was given the punishment of coaching a disabled basketball team.

The movie initially shows that acceptance of such a situation is not well aligned with the community or the offender; later, it proves successful, as the team benefits from his coaching. This can also be seen as a restorative practice in which the offender recognized his mistake and is now in a position to do something beneficial for the community against which the crime was committed. The idea here, however, is not just manual labour for the offender.

The BNS, 2023 has incorporated the five offences which could attract ‘community service’ as a form of punishment besides imprisonment and fine – in Section 202, offence of public servant wrongfully engaging in trade punishable with simple imprisonment for one year, or fine, or both,; Section 209, offence of non-appearance in response to pro clamation p unishable with imprisonment for three years or fine; Section 226, offence of attempt to commit suicide to compel or restrain public servant from discharging his off icial duties punishable with imprisonment for one year or fine or both; Section 303 for offence of theft less than Rs.........

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