Community Service
Chapter One Hundred Eleven
Syllabus topic 9, "Theories of Punishment"
Pages 437 to 440 of 711
In one line
Community service is the sixth punishment in the Sanhita, is defined only in the procedure code as unpaid work that benefits the community, is available for six offences and no others, and is unregulated in almost every practical respect.
The provision, and the definition that is not in it
Section 4(f) of the Bharatiya Nyaya Sanhita lists Community Service as a punishment to which offenders are liable. It says nothing else about it. There is no definition of community service anywhere in the Nyaya Sanhita.
The definition is in the procedure code. The Explanation to section 23 of the Bharatiya Nagarik Suraksha Sanhita, which sets out the sentences Magistrates may pass, provides that community service 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.
Three elements are in that sentence and all three are examinable.
- The court orders it. It is a sentence, not an administrative arrangement.
- It benefits the community, which is what distinguishes it from work done in a prison.
- The convict is not entitled to any remuneration. Unpaid work is what makes it a punishment.
The same section fixes who may impose it: a Magistrate of the first class may pass a sentence of imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service; and a Magistrate of the second class may pass imprisonment up to one year, or fine up to ten thousand rupees, or both, or community service.
The six offences
Community service is not a general disposal. It is available only where an offence provision offers it, and in the Sanhita six do.
| Section | Offence | Punishment offered |
|---|---|---|
| 202 | A public servant legally bound not to engage in trade who engages in trade | Simple imprisonment up to one year, or fine, or both, or community service |
| 209 | Non appearance in response to a proclamation under the procedure code | Imprisonment up to three years, or fine, or both, or community service; and where he has been declared a proclaimed offender, imprisonment up to seven years and fine |
| 226 | Attempt to commit suicide with intent to compel or restrain a public servant from discharging his duty | Simple imprisonment up to one year, or fine, or both, or community service |
| 303 | Theft, on a first conviction, where the value of the stolen property is less than five thousand rupees | On return of the value or restoration of the property, community service |
| 355 | Misconduct in public by a drunken person causing annoyance | Simple imprisonment up to twenty four hours, or fine up to one thousand rupees, or both, or community service |
| 356(2) | Defamation | Simple imprisonment up to two years, or fine, or both, or community service |
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