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International Journal of
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VOL. 11, ISSUE 2 (2025)
Paradigm shift in Indian Penology: Operationalizing community service under the Bharatiya Nyaya Sanhita, 2023 – challenges
Authors
Dr. D Radhika Yadav
Abstract

This research article undertakes a doctrinal analysis and critique of the statutory introduction of Community Service (Community Service) as a non-custodial sentence under the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Effective from July 1, 2024, this reform marks a significant, deliberate shift in the Indian criminal justice system from traditional punitive measures toward a framework prioritizing rehabilitation and restorative justice principles. Utilizing Doctrinal Legal Analysis, the study interprets the new legislation against historical calls for penal reform, such as those found in the Malimath Committee Report and Law Commission recommendations, and synthesizes its findings with comparative operational models employed in jurisdictions like the United Kingdom and Canada.

The core findings indicate that while the BNS successfully formalizes Community Service as a progressive alternative to incarceration, its effective implementation is critically jeopardized by three major systemic deficits. First, the definition and scope of "Community Service" provided in the Explanation to BNSS Section 23 is excessively vague, lacking essential operational details concerning minimum hours, project types, and compliance standards. Second, the entire initiative rests on a severely weakened correctional infrastructure, characterized by a profound nationwide shortage of probation and correctional staff; the national average ratio of correctional officer to prisoner stands at approximately 1:1,617, which makes adequate supervision of community orders logistically impossible. Third, the resulting fragmented state guidelines, evidenced by differing procedural mandates (e.g., geo-tagging in Haryana versus phased reporting in West Bengal), threaten the uniformity and equity of the law across jurisdictions.

The analysis concludes that Community Service presents proven penological benefits, including significant potential for reducing recidivism compared to short-term custody and mitigating the severe crisis of prison overcrowding. However, realizing this potential requires immediate and substantial administrative investment, the mandated issuance of comprehensive national guidelines to standardize procedures, and the adoption of a legally rigorous hybrid monitoring structure that effectively leverages Non-Governmental Organizations (NGOs) and regulated surveillance technology. Failure to bridge the gap between legislative intent and infrastructural capacity risks undermining the foundational promise of this reform.
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Pages:72-76
How to cite this article:
Dr. D Radhika Yadav "Paradigm shift in Indian Penology: Operationalizing community service under the Bharatiya Nyaya Sanhita, 2023 – challenges". International Journal of Law, Vol 11, Issue 2, 2025, Pages 72-76
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