Delhi notifies community service guidelines for minor offences under new laws
New Delhi: Delhi govt's home department has notified 12 community services that a court may assign to individuals convicted of minor offences. These include cleaning and maintaining hospital wards and peripheral areas, weeding roadsides, cleaning public parks and spaces and arranging or binding books in public libraries.
In a gazette notification, the department said that the High Court of Judicature had made guidelines for awarding community services as punishment. "They are not intended to curtail the discretion of the court in awarding any other mode of community service under Section 4 (f) of the Bharatiya Nyaya Sanhita, 2023," the notification said.
The department also specified the duration of community services, ranging from one day to 31 days or 40 hours to 240 hours.
According to officials, BNS and Bharatiya Nagarik Suraksha Sanhita, introduced community service as a punitive measure from July 2024 for some offences, such as attempted suicide, unauthorised trading by public servants, petty thefts, public drunkenness and defamation.
Senior advocate Amit Chadha, said that under Section 4(f) second-class magistrates could impose sentences including imprisonment up to one year, fines up to Rs 10,000, or both, or community service.
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"The presiding judge maintains complete discretion in determining whether an accused person qualifies for community service," Chadha explained.
For public servants engaged in unlawful trade (BNS Section 202), the punishment includes simple imprisonment for one year, a fine, or both, or community service. BNS Section 209 (non-appearance in response to proclamation under BNSS section 84(1)) carries three years' imprisonment, a fine, or both, or community service.
Attempted suicide to influence exercise of lawful powers (BNS section 226) is punishable by one year's imprisonment, a fine, or both, or community service.
First-time offenders convicted of theft under Rs 5,000 (BNS Section 303(2)) may receive community service upon property value restitution. Public intoxication causing disturbance (BNS Section 355) carries 24 hours' simple imprisonment, Rs 1,000 fine, or both, or community service.
Defamation (BNS Section 356(2)) is punishable by two years' simple imprisonment, a fine, or both, or community service.
Advocate Lokesh Ahlawat of
Delhi High Court
said the Indian criminal justice system under the earlier Code of Criminal Procedure, 1973, did not expressly recognise community service as an independent form of punishment. "Despite this absence, the Indian Judiciary, guided by the principles of reformative justice system, has in cases innovatively imposed community service as punishment.
Earlier, only Section 18 of the JJ Act, 2015, defined community service as punishment," said Ahlawat.
Courts assigned community service to first-time or minor offenders at their discretion before BNS, pointed out advocate Manoj D Taneja. "The new codes formalise this practice and incorporate community service as a penalty for minor infractions," he said.
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