Community Service as a Type of Punishment is Introduced Under Bhartiya Nyaya Sanhita 2023.However, Community service as a concept is inculcated in The Auspicious Land. In Sanatana Dharma, it is of great value to serve others and society is used as an outfit for one of the highest religious, moral and Human Acts. Especially The Sikhs who Do Community service in an organization in Gurudwaras.

Community service is given under Bhartiya Nyaya Sanhita Types of Punishment Which is section 4 Clause(f). Community service is Encapsulated in Section 23 of the Bhartiya Nagrik Suraksha Sanhita 2023

"Community Service as work ordered by the Court as punishment that benefits the community, with no remuneration paid to the convict performing it."

A Shift From Deterrent Theory to Reformative Theory
The Nirbhaya Gang rape case in 2013 started the Shift towards a deterrent theory that is based on punishing the Offender rather than delivering Justice to society and the victim.

The Biggest criticism of the deterrent theory is that human beings can never change through understanding and it puts us equal to machines. The only thing that differentiates us from other life forms on earth is the ultimate freedom of Human conscience by which we even conquered the negative forces of nature and Evolved into civilized humans.

The death penalty provided as punishment was very specific and for few offenses but after 2013 Indian Criminal Judicial system witnessed an extension of the Death penalty as a punishment for a series of Offences.

After 2013 The Minimum Years of Imprisonment was Defined for the First time in the History Criminal Justice system. Due to the Use of the Deterrent theory in Our Justice system, many Offenders who were capable of changing and becoming Human which is to live in society, only became worse criminals after being in an environmental Prison.

Bharatiya Nyaya Sanhita is a shapeshifter from deterrent theory to Retributive theory through the introduction of Community service as a type of Punishment.

Need for Community Service
Community Service as a Punishment Initialized a Shift Towards Retributive Theory which Believes A Human being who committed an offense can Change into a Fit Human being to live in a society by interacting with community.

First-time offenders of Offences which are not so Heinous like Rape, and murder but Offence like pickpocketing or small thefts are not harmful to society as much.

In these cases of Offenders, there is more probability that they can be changed into fit members of society if they are Granted a retribution form of punishment such as community service.

If sent to prison. There they will most probably transform into a criminal-minded person with a Sense of anger, and dissatisfaction against the government, judiciary, and system if they get subjected to harsh punishment for small Misdeeds they have done due to Survival instincts.

Many First time offenders or Young age offenders learn the ways of the Criminal world by getting mixed with Old Horses in Prison. Old Prisoners mostly manipulate them and use them for their shadow criminals which transforms them into dangerous human beings for society and their chances to become a good consequent person narrows over time.

Loopholes
The Intention of the Legislature to introduce community service as a Retributive form of punishment is not fulfilling its objective Under BNS expressly. Community service is provided for very few and specific offenses that too merged with fines or Imprisonment.

Theft of an amount below 5000 rs is the sole offense under BNS in which Community service is provided as punishment solely without a fine or imprisonment.

The Definition (" Community Service as work ordered by the Court as punishment that benefits the community, with no remuneration paid to the convict performing it.") is too vague, Community Service Terms, Types, scope, meaning, and limitations are not defined well.

The court in its discretion can grant any type of work as its nature and types are not elaborated.

Anything can be beneficial to a community but which section of the Community is not provided? The Religious places of a specific religion. The cleaning of national heritage, and roads or Serving in Old age homes or child homes or mental Asylums.

Community service is a retributive form of Punishment. If its nature of work is harsh, hard labor and can be subjected to the humiliation of an Offender.

A sense of hatred, and distrust against the judicial system and the Intention of the legislature to introduce community service as a punishment will fail.

Conclusion
The Indian judicial system in practice will take time to shift from traditional deterrent theory to a Retributive form of Punishment for Minor offenses not dangerous to society.

There is a need to well define the nature, type, limitations, and scope of Community service without vagueness, and ambiguity. Instead of so much discretion given to courts, it should be well interpreted by the Legislature.

Community service solely as punishment should be spread to many more minor offenses, which is the only way that the Intention of the legislature can be fulfilled and expressed in our society.

Award Winning Article Is Written By: Mr.Garvit Shrivastava

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