Community Service and Reformative Justice under the Bharatiya Nyaya Sanhita, 2023: A Paradigm Shift in Indian Sentencing Policy
The Bharatiya Nyaya Sanhita, 2023 (BNS), is a milestone moment in the history of Indian criminal law as it came into force on the 1st of July 2024.The Bharatiya Nyaya Sanhita, 2023 (BNS) marked a revolutionary step in Indian criminal law, introducing community service as a valid form of punishment. This is a law which is not only a procedural adjustment, but a change in the way Indian sentencing works and in the mindset of Indian sentencing from retributive to rehabilitative and restorative. The BNS realizes that incarceration is not necessarily the best way to deal with criminal activity particularly minor, non-violent crimes and introduces community service as a sentence for six crimes. This paper looks to the principles of reformative justice, reviews the provisions of the BNS which provide for community service as punishment, the implications of this for a paradigm shift of Indian criminal policy and explores the challenges to its implementation and the transformative potential it holds.
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