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VOL. 11, ISSUE 3 (2026)
Conventional punishments vs. community service in BNSS: An evaluative legal study
Authors
Dr. Nikhil Shah, Paras Batra, Dr. Subhash Kumar, Shashank Tyagi
Abstract
Punishments are meant to be just in law. But as time changes, the definition of just also keeps on changing. The Bhartiye Nyaya Sanhita, 2023 which has replaced Indian Penal Code has retained a lot of punishments like death, life imprisonment, rigorous and simple imprisonment, forfeiture of property, and fine but for the first time it has given Community Service as a punishment. This paper looks closely at that addition and asks what it actually changes. This paper has discussed the old theories of punishment and in furtherance of that the new punishment of community service has been compared with older ones. This paper proposes a rough "4-D" formula (Deterrence, Desert, Disablement, and Discipline) for conventional punishments against a "4-R" formula (Repair, Reform, Relief, and Responsibility) for community service. Relevant case laws like Bachhan Singh, Gopal Vinayak case have been explained thoroughly in this paper. The paper concludes that the conventional punishments still have a relevant role to play in today’s time but by using community service for less serious offence, we can solve the problem of overcrowding of jails. It can give chance to first time offenders to reform rather than to punish them.
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Pages:61-66
How to cite this article:
Dr. Nikhil Shah, Paras Batra, Dr. Subhash Kumar, Shashank Tyagi "Conventional punishments vs. community service in BNSS: An evaluative legal study". International Journal of Advanced Education and Research, Vol 11, Issue 3, 2026, Pages 61-66
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