People convicted of petty offences like defamation and drunken misconduct in public may soon get away with community service as a form of punishment, with Union Home Minister Amit Shah introducing the ‘Bharatiya Nyaya Sanhita’ (BNS) Bill, 2023, which seeks to replace the IPC.

Shah introduced three bills in the Lok Sabha to replace the colonial-era Indian Penal Code (IPC), 1860, the Code of Criminal Procedure, 1898, and the Indian Evidence Act, 1872.

Though Indian courts have been letting off those convicted of petty crimes after ordering them to plant trees, serve at religious places, shelter homes and orphanages, or manage traffic signals, it is for the first time that the provision of community service has been proposed in penal law for minor offences under the ‘Bharatiya Nyaya Sanhita’ (BNS) Bill.

The Bill has proposed community service as one of the punishments for petty offences like defamation, public servant unlawfully engaging in trade, non-appearance in response to a proclamation and attempt to commit suicide to compel or restrain exercise of lawful power.

Under the IPC, the offence of criminal defamation carries a punishment of simple imprisonment of up to two years or fine or both.

According to the BNS Bill, the offence of defamation will be punishable with simple imprisonment of up to two years or with fine or with both or with community service.

Under the IPC, the offence of misconduct in public by a drunken person is punishable with simple imprisonment which may extend to 24 hours or with fine of a maximum of Rs 10 or with both, in the BNS Bill, the amount of fine has been raised to Rs 1,000 and the provision of community service has been added.

The modified provision under the Bill for attempted suicide to compel or restrain exercise of lawful power also includes community service.

It says, “Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both or with community service.” Under the IPC, attempt to suicide is an offence which entails a maximum punishment of one year.

The BNS Bill also says that in cases of theft, where the value of the stolen property is less than Rs 5,000 and a person has been convicted for the first time, he shall upon return of the value of property or restoration of the stolen property, shall be punished with community service.

Shah said the changes were proposed in order to provide speedy justice and create a legal system that keeps in mind the contemporary needs and aspirations of the people.

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