Delhi to award community service to offenders in petty crimes

Community service duration will range between 40 and 240 hours, depending on the severity of the crime

The Delhi government will seek community service as punishment for first-time offenders in cases of petty crimes starting next month, officials aware of the matter said, attributing the decision to treating criminal justice as being reformative and not punitive.

The decision was spearheaded by the Delhi government’s home department under the “community service” framework of the Bharatiya Nyaya Sanhita (BNS), 2023, and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. (Shutterstock/Representative photo)

The community service mandates will range from sanitation work to supporting public welfare activities, and these have been recognised as valid punishments for minor crimes, officials said.Till now, community service sentences would be handed down at the discretion of the courts. With the new policy, this change is likely to be adopted by the prosecution.

“Beginning July 2024, the new policy will be applicable across Delhi courts. The initiative targets infractions such as unauthorised vending, trespassing in government offices, public indecency, and minor thefts under ₹5,000. It also applies to public disorder, defamation, and other low-severity offences that do not require custodial sentences,” said a senior official, wishing not to be named.

The change is underpinned by the community service framework under the Bharatiya Nyaya Sanhita (BNS), 2023, and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 enacted by parliament -- but states need to formalise the policy change with their own notifications. An official aware of the matter said a notification was issued last week.

The official said that the community service duration will range between 40 and 240 hours, depending on the severity of the crime.“A dedicated monitoring system will ensure compliance and effectiveness of the programme, as it is aimed at bringing progressive reform to the criminal justice system. By allowing courts to assign socially productive work instead of fines or short-term imprisonment, the policy hopes to reduce the burden on jails and instil a sense of responsibility in offenders,” the official said.

A second official, from the home department, said that a pilot project was launched in 2023 in Dwarka, and four cases were successfully resolved through community service mandates. “The decision was informed by feedback from both magistrates and law enforcement agencies, who noted a reduction in repeat offences. The implementation guidelines are expected to be issued shortly, with trial courts given autonomy to select appropriate services on a case-by-case basis. If successful, the model could be replicated in other states as well,” the official said.

Legal experts said the move aligns the justice system with rehabilitative ideals and is calibrated towards reinforcing the principle of “punishment befitting the crime and offender”.

Senior high court advocate Amarendra Choudhary said: “Society is formed of interdependent relationships between individuals; the law is the reflection of the society. Community service is a form of punishment that requires offenders to perform unpaid work for the benefit of the community. Since it represents a shift towards restorative justice, emphasising rehabilitation and reintegration of offenders into society rather than purely punitive measures, it will certainly hold offenders accountable.”

Echoing similar views, senior advocate Sunil Mishra said that community services will provide a means for offenders to contribute to society. “It will definitely reduce the burden on the prison system and promote the rehabilitation and reintegration of offenders,” he said.

Former joint commissioner of Delhi Police and Supreme Court lawyer BK Singh, said: “There are few instances, when community service was provided as reformative punishment to the offenders. For instance, in the Sanjeev Nanda case, the court emphasised the importance of rehabilitation and restitution over incarceration by acknowledging the psychological toll of trial on the convict due to the extended duration, and reduced his sentence to the time he served in jail, and gave two years of community service.”

“In Solemen SK versus state of West Bengal case, the Supreme Court ordered the offender who was a juvenile at the time of the crime, to plant 100 trees within a year, thus, serving as a precedent for future cases to devise sentences linking rehabilitation with socially beneficial activities. But these cases are exceptions only. Now for the very first time in history, the amended law included provisions for community service in cases such as unlawful trade by public servants, minor theft, public intoxication, and defamation. This approach to criminal justice is based on Mahatma Gandhi’s principle of abhor the crime and not the criminal,” he said.