The Indian Penal Code (IPC) of 1860 is set to be retired, giving way to the Indian Justice Statute (IJS), which will come into force on July 1. The introduction of the IJS addresses the need for reforms to match the evolution of society, tackling issues present within the system.
While the IPC consisted of 511 sections, the IJS will have 356. Several sections have been removed, modified, and some newly added.
The implementation of the IJS marks a significant transformation in the criminal justice system, with the integration of community service as a form of punishment for the first time.
Community Service Becomes a Punishment
Section 53 of the IPC detailed five types of punishments: capital punishment, life imprisonment, rigorous or simple imprisonment, forfeiture of property, and fines.
The IJS introduces a new kind of punishment, 'community service', formalized by IJS Section 4(f). This alternative has been created to reduce overcrowding in prisons by providing a different kind of retribution for minor crimes.
Such sanctions could be imposed for misdemeanors such as attempted suicide, obstructing a public servant's work, petty theft, creating disturbances while intoxicated, and defamation.
IJS Section 23 defines community service punishments. It does not include any compensation for the offender, and may involve working for NGOs, participating in community institutions, cleaning, garbage collection, or any task benefiting the public.
Crimes Eligible for Community Service Penalty:
- Section 202:
Public servants engaged in business can face up to one year in jail, a fine, both, or possibly community service.
- Section 209:
Non-compliance with court summons could result in up to three years of imprisonment, a fine, both, or community service.
- Section 226:
Those attempting suicide to impede a public servant's work may be sentenced to one year of imprisonment, a fine, both, or community service.
- Section 303:
First-time offenders of property theft valued under five thousand rupees might only need to return the property and perform community service.
- Section 355:
Public intoxication that causes a disturbance can lead to a 24-hour jail term, a fine of up to a thousand rupees, both, or community service.
- Section 356:
Defaming someone through speech, writing, gestures, or otherwise in certain cases can result in up to two years of imprisonment, a fine, both, or community service.
Duration of Community Service Punishments:
According to the IJS, if the punishment for a crime includes a fine or community service, the latter will be imposed if the fine is not paid. For a 5,000-rupee fine, two months of service will be required. For a 10,000-rupee fine, four months. In some cases, up to one year of community service can be ordered.
