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Community Service as a Sentencing Alternative in India: A Critical Appraisal of the Bharatiya Nyaya Sanhita, 2023

Dr. Mandeep SinghCorresponding Author

Associate Professor, Rampur College of Law, Milak, Rampur (UP) India

JournalRPIMJ
Volume / Issue2 / 1
Pages139–152
Published09 Sep 2026
Paper IDRPIMJ21JM260018
Views / Downloads13 / 2

Article summary

Abstract

The Bharatiya Nyaya Sanhita (BNS), 2023, marks a watershed moment in Indian
criminal justice by formally introducing community service as a statutory alternative
to imprisonment. This paper critically examines the legal architecture, operational
hurdles, and socio-legal ramifications of this reform. It argues that community service
holds genuine potential to ease prison overcrowding, lower recidivism, and restore
offenders to productive citizenship—provided that implementation is backed by robust
institutional frameworks, judicial clarity, and public trust. Drawing on comparative
experiences from the United States, the United Kingdom, Canada, Australia, South
Africa, and the Nordic nations, the paper identifies best practices and pitfalls. It also
explores the constitutional underpinnings of community service, particularly its
alignment with Articles 14 and 21, and offers actionable recommendations for turning
legislative promise into practical reality. The paper further addresses victim
perspectives, technological innovations, gender-sensitive approaches, juvenile justice
applications, and the critical role of civil society organisations in making community
service a credible, effective, and humane alternative to incarceration.

Keywords

Bharatiya Nyaya Sanhita 2023community servicealternative sentencingrestorative justicerehabilitative punishmentcriminal justice reformjudicial perspectiveIndiacomparative analysisimplementation challengesprison overcrowdingprobationsentencing guidelinesvictim rightstechnology in justicegender justicejuvenile justicecivil society

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How to cite this article

Mandeep Singh (2026). Community Service as a Sentencing Alternative in India: A Critical Appraisal of the Bharatiya Nyaya Sanhita, 2023. ResearchPro International Multidisciplinary Journal, 2(1), 139–152. https://doi.org/10.70650/rpimj.2026v2i1000018

Mandeep Singh. “Community Service as a Sentencing Alternative in India: A Critical Appraisal of the Bharatiya Nyaya Sanhita, 2023.” ResearchPro International Multidisciplinary Journal, vol. 2, no. 1, 2026, pp. 139–152. https://doi.org/10.70650/rpimj.2026v2i1000018

Mandeep Singh. “Community Service as a Sentencing Alternative in India: A Critical Appraisal of the Bharatiya Nyaya Sanhita, 2023.” ResearchPro International Multidisciplinary Journal 2, no. 1 (2026): 139–152. https://doi.org/10.70650/rpimj.2026v2i1000018

Mandeep Singh (2026) ‘Community Service as a Sentencing Alternative in India: A Critical Appraisal of the Bharatiya Nyaya Sanhita, 2023’, ResearchPro International Multidisciplinary Journal, 2(1), pp. 139–152. Available at: https://doi.org/10.70650/rpimj.2026v2i1000018.

Mandeep Singh, “Community Service as a Sentencing Alternative in India: A Critical Appraisal of the Bharatiya Nyaya Sanhita, 2023,” ResearchPro International Multidisciplinary Journal, vol. 2, no. 1, pp. 139–152, 2026. https://doi.org/10.70650/rpimj.2026v2i1000018.

Mandeep Singh. Community Service as a Sentencing Alternative in India: A Critical Appraisal of the Bharatiya Nyaya Sanhita, 2023. ResearchPro International Multidisciplinary Journal. 2026;2(1):139–152. https://doi.org/10.70650/rpimj.2026v2i1000018.

Mandeep Singh. Community Service as a Sentencing Alternative in India: A Critical Appraisal of the Bharatiya Nyaya Sanhita, 2023. ResearchPro International Multidisciplinary Journal 2026, 2 (1), 139–152. https://doi.org/10.70650/rpimj.2026v2i1000018.

Record provenance

Publication history

Received21 Jan 2026
Published09 Sep 2026
DOI assigned10 Sep 2026
Record versionVersion of Record

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Funding

The author(s) declare that no specific funding was received for this work.

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The author(s) declare that they have no conflicts of interest relevant to this work.

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The author(s) declare that ethical approval was not applicable to this work.

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The author(s) declare that data sharing is not applicable, as no datasets were generated or analysed for this work.

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All authors contributed to the conception, research, preparation, review and final approval of the manuscript and agree to be accountable for the accuracy and integrity of the work.

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AI tools were used only for language editing. The author(s) reviewed and verified the final content and remain responsible for its accuracy and integrity.

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Copyright © 2026 Author(s). This work is published by ResearchPro International Multidisciplinary Journal under the Creative Commons Attribution-NonCommercial 4.0 International. Authors retain copyright and grant the journal the right of first publication.

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References

Showing first 3 of 51 references.

  1. Government of India. (2023). The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). New Delhi: Ministry of Law and Justice.
  2. Government of India. (1860). The Indian Penal Code, 1860 (Act No. 45 of 1860).
  3. Government of India. (1958). The Probation of Offenders Act, 1958 (Act No. 20 of 1958).

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