Petty crime: Convicts can be told to do community service

Ramkrishan Upadhyay

Chandigarh, June 27

Those who indulge in petty offences will have to prepare themselves to perform community services like cleaning public places and serving the elderly in old age homes.

With the implementation of Bharatiya Nyaya Sanhita (BNS) from July 1, the courts can now order convicted persons of certain offences to perform community service as part of the punishment. The Central Government for the first time has made community service as one of the punishments for petty crimes like creating nuisance in drunken state or theft of property less than Rs 5,000, etc. in the new criminal laws.

The BNS will replace the Indian Penal Code 1860 from July 1. The provision for the community services has been incorporated in Section 4(f) of the BNS. This section explains punishment to offenders, including community service.

As per the section, the court of magistrate of second class may pass a sentence of imprisonment for a term not exceeding one year or of fine not exceeding Rs 10,000 or both or community service.

As per the new law, community services shall mean the work which the court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

Advocate Ajay Jagga said in order to promote the rehabilitation of offenders and addressing the issue of prison crowding, the BNS had added a new form of punishment in India, i.e. community service. his legislative change aims to provide an alternative to traditional forms of punishments.

Community service means unpaid work for the benefit of society. However, this provision will have stiff challenges as it requires strict guidelines, else it can be misused.

NK Nanda, former president of the District Bar Association, Chandigarh, hailed the move. He said huge numbers of cases are being filed for petty offences in the district courts every month .Earlier, convicts were let off with minor punishment. Now, they may also be ordered to do community services .This will help those convicted get more involved in society.

Munish Dewan, former vice-president of the District Bar Association, Chandigarh, said in the changed scenario the concept was a reformative step which must be welcomed by all of us.