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COMMUNITY SERVICE AS A NON-CUSTODIAL PUNISHMENT UNDER INDIA'S NEW CRIMINAL LAW: PROMISE, GAPS, AND THE PATH TO IMPLEMENTATION

Volume
2
Issue
2
Pages
1–15
Published
May 2026
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0
3
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Abstract

The introduction of community service under India’s new criminal laws marks an important change in the country’s approach to punishment. Indian criminal justice has traditionally relied on different theories of punishment, including retributive, deterrent and reformative theories. At the same time, the system continues to face serious concerns such as prison overcrowding and repeated offending. In this context, community service provides an alternative to imprisonment for certain offences and may support a more rehabilitative approach to sentencing. This research examines the place of community service in the Indian criminal justice system and evaluates its potential as a non-custodial form of punishment. The study uses a doctrinal research methodology. It examines relevant statutory provisions, judicial decisions, government reports, and scholarly writings. The study also considers the development of different theories of punishment and uses selected approaches from the United States, the United Kingdom and Singapore for comparative analysis. The study argues that the introduction of community service is a positive step towards a more humane and rehabilitative system of punishment. However, its success will depend on effective implementation. The present framework raises important concerns relating to clear sentencing standards, judicial consistency, supervision, monitoring and the availability of adequate resources. These concerns may affect the uniform and effective use of community service across India. The research therefore suggests that legislative recognition alone is not sufficient. Judges and other stakeholders require proper guidance and training for the consistent application of community service. Effective monitoring and supervision mechanisms are also necessary. In addition, greater public acceptance of rehabilitative forms of punishment is important for the long-term success of the reform. The study concludes that, if supported by appropriate institutional and judicial measures, community service can become a meaningful part of India’s criminal justice system and contribute to a more balanced approach to punishment and rehabilitation.

Authors
MD
Madhav Dwivedi
Keywords
Community ServiceIndian Criminal Justice SystemSentencingNon-Custodial PunishmentRehabilitationRestorative JusticeComparative Criminal Law.
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