• Namrata Das
• Prof (Dr) Sanjay Kumar Pandey

The study of penology deals with the different types of crimes and punishments that are imposed depending upon the nature of the crime, as well as the management of prisons. We cannot consider every offender to be a hardened criminal and sentence him to harsh penalties prescribed under the Indian Penal Code 1860. Historically, it is seen that if a court finds a person guilty of committing a crime and is convicted, he may be penalized under any one of the punishments prescribed under the IPC 1860, which are either death penalty, imprisonment for life, simple and rigorous imprisonment, forfeiture of property, fines, or solitary confinement. The main objective of modern penology is ‘Reformation’ but the above set of penalties fails to meet this objective, as in the Indian jails, there still languish a considerable number of undertrial prisoners who are waiting for their release. This indicates the requirement of an alternate mode of punishment that not only meets the goal of reforming the suspect or convict but also gives them justice as fairness by not violating their fundamental right guaranteed under Art 21 of the Indian Constitution i.e., ‘Right to Life and Personal Liberty’. The legislators of the criminal justice system very recently introduced a new form of punishment in the Bharatiya Nyaya Sanhita 2023 under Section 4 (f) as ‘Community Service’. Although the BNS 2023 do not define ‘Community Service’, the Bharatiya Nagarik Suraksha Sanhita 2023 defines ‘Community Service’ under Explanation of Section 23 as ‘the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration’. Community Service has evolved in the Indian criminal justice system as an essential means of replacement for traditional sanctions. The main objective of the present research is to analyse the legal framework that regulates ‘Community Service’ in our country, examine how effectively it is utilized to accomplish the goals of rehabilitation and deterrence and determine the challenges that emerge while applying the law in operation. The study will assess key statutes, policy documents, and case laws by applying a doctrinal research method. It will evaluate the extent to which ‘Community Service’ succeeds in mitigating the rate of recidivism while facilitating prisoners’ reintegration back into society. Further, an endeavour shall also be made to identify the challenges involved in supervising, monitoring, and successfully involving the offenders in community service. The study will try to make recommendations to enhance community service’s effectiveness in India after examining the pros and cons of the current framework.

Community service, reformation, sanction, challenges, framework

"A Study on The Legal Framework of Community Service in India- Effectiveness and Challenges", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 3, page no.12-28, March-2025, Available :http://www.jetir.org/papers/JETIRGT06002.pdf

"A Study on The Legal Framework of Community Service in India- Effectiveness and Challenges", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 3, page no. pp12-28, March-2025, Available at : http://www.jetir.org/papers/JETIRGT06002.pdf