Community Sentencing in India

The need for reformation in the criminal justice administration has been highlighted time and again with several limitations and reoccurring problems in society. Various judicial systems all over the globe have recognized the need for community sentencing as an alternative to the custodial sentencing. In India, there is still no recognition and consideration given to the concept of community sentencing. It has been time and again pointed out by many eminent jurists and law scholars that in India the crime rate is increasing at an alarming rate which leads to a burden on the judiciary directly thus, community sentencing can not only lesser this burden but also create a reformative and productive society. This article examines the need and the development of law on the concept of Community Sentencing and provided certain suggestions and factors governing it for peaceful and productive working in society.

Introduction-

An efficient and effective criminal law administration and governance of a society by the rule of law are the most important tools for a civilized society. A society where the rights of the citizens are secured, duties are imposed and the State that upholds the faith of unbiasedness and impartiality is known to be a well-organized and just society. In the past decade, the evil practices and various problems of criminal justice administration have been highlighted including human rights violations of the prisons, aggressive forms of punishments, and serving of injustice in many cases.

As the crime rate in India is increasing at an alarming rate, the statistics of the people in prisons are also rising. The existing and growing issues and problems within the prison framework of India have given all the reasons to shift attention from rigorous sentencing to alternative sentencing techniques.

This article on ‘Community Sentencing in India’ shall outline the concept and the need of the concept of community sentencing in Indian criminal justice administration, followed by the highlighting the merits of the concept of community sentence and then shall provide an insight to the current Indian scenario by stating important cases and pronouncements. The article shall be concluded by the important and necessary suggestions for a suitable model for community sentencing in India.

Concept of Community Sentencing

Various forms of alternative sentencing other than custodial sentencing like open prisons, parole, vocational training, probation, rehabilitation centres, etc have been introduced to make the criminal justice administration more efficient and effective. Section 52 of the Indian Penal Code, 1860 has provided various forms of punishment that are awarded to the offenders.

One of the major alternative sentencing concepts has been excluded from the codified and enacted punishments i.e. community sentencing, however, various authors and jurists yearn for the inclusion of community service as a mode of punishment in India.

Community service can be defined as an order that requires an offender above the age of 16 and his consent to perform unpaid work for between 40 and 240 hours under the supervision of the probation officer. Earlier it was known as Community Service Order under which the offender is required to do unpaid work in the community under the supervision of a probation officer and the work that the offender is required to do should be related to the nature of the offense committed.

In India, the concept of Community Sentencing is not included in any of the codified laws but the only provision for it that exists in India is for Juvenile’s under section 18(1)(c) of Juvenile Justice(Care and Protection of Children) Act, 2015, which provides for the provision of community service for child offenders if the Juvenile Board may deem fit.

Need of Community Sentencing as an alternative sentencing technique

India follows a rigid and systematic procedure for the sentencing of the offenders; however, many jurists have pointed out the limitations of this sentencing procedure.  They have pointed out that as per the current scenario of law, Chapter VIII, Section 106 To 124 Of Criminal Procedure Code (CrPC) provides the alternatives to jail terms. But these laws will apply either after the conviction where a suspect is asked to explain why he or she should not be sentenced or after conviction as a condition for bail or the offender’s release based on good behaviour and does not exist as a punishment during conviction.

Thus, it can be comprehended that the prison time can develop a hard time for the mental, emotional as well as physical health of the prisons. The need to reform the harsh conditions the prisons live in is necessary. The justice system and sentencing procedure should take a turn towards the need to indulge the prisons into more rehabilitation activities and a reformative approach should be developed.

The aim of the Indian justice system should be not only penalizing the offenders but also aim at reformation and rehabilitation of the offenders. One of the main objectives of the punishment system should be deterrence, so indulging these offenders into community service and provide the opportunity to learn and grow will encourage as well as provide a positive step towards their personal and societal growth.

 According to data put out by the National Crime Records Bureau in 2016, out of the total number of persons arrested, 6.4 percent (191849 out of 3737870) people were repeated offenders. The data as presented shows that there was an alarming rise in recidivism – which means the tendency of a convicted criminal to commit the same crime again – from 3 percent in 2015 to 6.4 percent in 2016. This means that imprisonment is helping to curb the crimes in society but a serious step towards the introduction of community sentencing can provide the solution to these limitations.

Benefits of Community Service

Alternative imprisonment and sentencing procedure such as Community Sentencing has both social as well as cognitive benefits. Community service serves as a medium of punishment, restitution, rehabilitation, etc. This medium is beneficial for the offenders, the victims, the community, and as a result of the society as well.

The lives of prisoners and the mental health of the offender are deteriorating in today’s scenario. Contamination can be called as the gist of prisons. The prisons are bound to live as inhuman and stagnated lifestyle. So, the introduction of community service as an alternative imprisonment technique can put forth the actual skills of a human being(offender) in a productive way and help the prisoner to come out of the dingy cell to value and cherish his remaining opportunities.

Not only personal growth shall be witnessed but through this medium of performance of community service, they will realize the importance of their work and try to build up a new life without crime once they are freed, which will not only curb the increasing crime rate but also help to set a true example of the reformative justice system in India.

Development in India About the Community Service

The time when the law was formulated and enacted thereby, the need for community service was not considered by the lawmakers. However, in the 42nd report of the Law Commission, the need for community was recognized and an amendment bill was introduced in the Parliament but due to the prolonged emergency period at that time the bill got lapsed.

but due to the prolonged emergency period at that time the bill got lapsed. Again, in the 156th report by Law Commission, it was urged the there is a need to implement the community service in the Indian Penal system of India. Community Service Scheme has been started by some of the Indian states i.e. Gujarat and Andhra Pradesh (Prison in the state subject) has amended the Penal Code and introduced the concept of Community Sentencing as a punishment method. However, the legislation is still pending with the Union Government for their consideration.

Relevant Case laws regarding Community Sentencing in India

As the unsuccessful steps of legislation towards the introduction of Community Sentencing procedure. The Judiciary has participated pro-actively in implementation and attempt to interpret the concept of Community Sentence in India. This concept has not been mentioned in any of the Indian Penal laws, but the courts have used their discretionary powers as they deem fit for justice and reformation of the offenders.

Recently in the case of Pappu Khan v. the State of Rajasthan, the apex court expressed that it is in the interest of the prisoners to take care of the prisoners by teaching them techniques and skills which can secure them a means of livelihood to them after they are released from jail.

In another case of Babu Singh v. State of Uttar Pradesh[2], the Supreme Court held that restorative devices through means of community service, meditative drill, or study classes should be innovated upon to help redeem the offender.

Suggestions for the Community Service in India

It can be concluded from the entire aspects mentioned that a pre-determined and court-mandated number of hours of unpaid supervised work can not only help to curb the crime rate but also providing a standard model of better reformative society in India. However, these measures are to be taken with utmost responsibility and many things are to be kept in mind like-

Suitability of the offender

Keeping in mind the psychological and physical conditions of the offenders, the community service as an alternative method should be awarded to offenders according to their suitability of crime, age, the intensity of the crime, etc. The first-time offenders of petty crimes or defaults after considering the facts and circumstances of their case should be awarded the opportunity of community service as the court may deem fit.

Nature of Work

The main aim of the community service is to create a reformative and better society. In awarding the community service to any offender, it should be one of the major factors that the nature of work for the community service that is given to the offender should not help the society but also positively moulds his lifestyle by the acquisition of new skills.

Duration of Work

The work that is given to the offender should be in proportion and relation to the offense committed as the objective of the reformation in community service shall be served by this. As to the duration of work it should be kept in mind the bare minimum and maximum hours required to work for an ordinary human being. Strict guidelines and provisions should be enacted to safeguard the rights of the prisoners.

Rights of the Offender

It is the duty of the Legislation and the court to interpret the procedure of the community sentencing to ensure the rights of the offenders are secured. It is necessary to consider the consent and the basic human rights of the offenders to make this alternative approach a success.

Conclusion

Thus, Community Service as a form of alternative sentencing has been proved to one of the reformative methods and has acted as a deterrence tool all over the globe. The need and importance of alternative sentencing i.e. community sentencing is the need of an hour to make this country responsible and have a reformative justice system.

The legislation has to release the importance attached to the procedure of Community Sentencing and curb the limitations as experienced by the justice system in India. A constructive approach towards a reformative administration should be promoted with the help of the responsible steps of the lawmakers as well as the interpreters. 

 FAQ’S

Q.1. Explain the Concept of Community Sentencing?

 Community service can be defined as an order that requires an offender above the age of 16 and his consent to perform unpaid work for between 40 and 240 hours under the supervision of the probation officer. Earlier it was known as Community Service Order under which the offender is required to do unpaid work in the community under the supervision of a probation officer and the work that the offender is required to do should be related to the nature of the offense committed.

Q.2. What Is the Need for Community Sentencing in India?

 The aim of the Indian justice system should be not only penalizing the offenders but also aim at reformation and rehabilitation of the offenders. One of the main objectives of the punishment system should be deterrence, so indulging these offenders into community service and provide the opportunity to learn and grow will encourage as well as provide a positive step towards their personal and societal growth.

Q.3. What Are the Benefits of Community Sentencing?

Alternative imprisonment and sentencing procedure such as Community Sentencing has both social as well as cognitive benefits. Community service serves as a medium of punishment, restitution, rehabilitation, etc. This medium is beneficial for the offenders, the victims, the community, and as a result of the society as well. Not only personal growth shall be witnessed but through this medium of performance of community service, they will realize the importance of their work and try to build up a new life without crime once they are freed, which will not only curb the increasing crime rate but also help to set a true example of the reformative justice system in India.

Q.4. What is the development in India regarding Community Sentencing?

In the 156th report by Law Commission, it was urged the there is a need to implement the community service in the Indian Penal system of India. Community Service Scheme has been started by some of the Indian states i.e. Gujarat and Andhra Pradesh (Prison in the state subject) has amended the Penal Code and introduced the concept of Community Sentencing as a punishment method. However, the legislation is still pending with the Union Government for their consideration.

Q.5. What are the guidelines provided by the Supreme Court of India?

Recently in the case of Pappu Khan v. the State of Rajasthan[3], the apex court expressed that it is in the interest of the prisoners to take care of the prisoners by teaching them techniques and skills which can secure them a means of livelihood to them after they are released from jail. In another case of Babu Singh v. State of Uttar Pradesh[4], the Supreme Court held that restorative devices through means of community service, meditative drill, or study classes should be innovated upon to help redeem the offender.

References

http://nujslawreview.org/wp-content/uploads/2019/10/12-1-Mitali-Agarwal.pdf
https://www.ukessays.com/essays/criminology/community-service-as-punishment-under-the-ipc-criminology-essay.php
https://www.thenewsminute.com/article/why-india-needs-law-community-service-alternative-imprisonment-105965

[1] 2005 Cri Jr LJ 4732 (SC)

[2] 1978 SCR (2) 777

[3] 2005 Cri Jr LJ 4732 (SC)

[4]  1978 SCR (2) 777

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