New Bill to replace IPC introduces community service as a punitive measure

For the first time, community service is entering India's penal code as punishment for petty offences.

Those accused of defamation, public servants engaged in trade, drunkards creating nuisance in public places, those attempting suicide, and those making defamatory allegations against President, Vice President and Governors may escape jail term as the new proposal provides for community service as a punitive option.

The Bharatiya Nyaya Sanhita, 2023, which proposes to repeal the Indian Penal Code (IPC), provides for community service as one of the six punishments—death, imprisonment for life, rigorous or simple imprisonment, forfeiture of property, fine, and community service—offenders can face.

The Bill retains criminal defamation but has added community service as one of the punishments. According to the Bill, one who is convicted of defamation will have to face simple imprisonment for two years or community service or fine or both.

The provision for defamation had been contested in the Supreme Court earlier, but the apex court had upheld the same.

According to the Bill introduced in Lok Sabha on Friday, a public servant who is legally bound not to engage in trade but does so will face simple imprisonment for a period that extends to one year, a fine, or both, or community service.

Similarly, a person who attempted suicide may escape a jail term as there is a provision for community service along with a jail term or fine or both.

While there have been demands for decriminalising suicide, the government has decided to keep the provision in the new bill.

Meanwhile, those charged with causing public nuisance under the influence of intoxicants may have to undertake community service if they are not jailed for 24 hours.

Those ignoring summons of court may also have to undertake community service if they are not jailed for a maximum of one year or slapped a fine or both.