A Critical Study on Community Service Sentencing and its Significance in the Indian Criminal Justice System

  • M.K. Guru Prasath and T. Charumathi
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  • M.K. Guru Prasath

    Student at The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, India

  • T. Charumathi

    Student at The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, India

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Abstract

Community service punishment is a legal consequence where individuals convicted of certain crimes are required to complete unpaid community service as a form of restitution or rehabilitation. Instead of going to jail, offenders are given tasks like cleaning public areas, helping charitable organizations, or participating in community-centered activities. This type of punishment aims to teach responsibility, encourage accountability, and give offenders a chance to give back to society. Community service punishment is used in many countries around the world, including various European countries, the United States, Canada, the United Kingdom, and Australia. It is seen as effective in reducing prison overcrowding, supporting rehabilitation, and lowering incarceration rates, while allowing offenders to contribute positively to their communities. The shift towards using community service as a punishment in India, as outlined in the Bharatiya Nyaya Sanhita, signifies a move away from solely punitive measures towards a more comprehensive and rehabilitative approach to justice. This change recognizes the need to address the underlying causes of criminal behavior, promote rehabilitation, and encourage individuals to take responsibility for their actions, especially for minor offenses. However, there may be challenges in implementing community service punishment in India due to socioeconomic factors, cultural diversity, and existing legal structures.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 4, Page 505 - 513

DOI: https://doij.org/10.10000/IJLSI.112147

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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