Top 10 Changes : Bharatiya Nyaya Sanhita (BNS) Part-1

 

Top 10 Changes : Part – 1

Bharatiya Nyaya Sanhita (BNS)

vs.

Indian Penal Code (IPC)

Part 1 :

For the first time, BNS has begun to include community service as a penalty for minor offenses.

Section 53 of the IPC stated a total of five types of penalties, including:

1.   Death;

2.   Imprisonment for life;

3.   Imprisonment which is of two descriptions–rigorous and simple;

4.   Forfeiture of property and

5.   Fine.

Community service has been added as the sixth form of punishment under Section 4(f) of the BNS.

To decrease the pressure on jails, community service has been incorporated as a punishment in BNS for the first time, and it is now allowed. [PIB Press Release, dated 20-12-2023]

For minor violations such as failing to appear in response to a proclamation, attempting suicide, forcing or preventing the exercise of a public servant's lawful power, petty theft in exchange for money stolen, public misconduct by a drunk individual, defamation, etc., BNS prescribes Community Service as punishment.

The term “community service” is not defined in BNS. However, it is defined by Explanation to section 23 of Bharatiya Nagarik Suraksha Sanhita (BNSS) {formerly Cr.P.C} as "Community service" shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

 

Offences for which punishment of community service can be awarded

BNS prescribes Community Service as punishment for 6 petty offences.Under BNS, Community service can be awarded as punishment in case of following offenses:

Section	Offence
Section 202	Public servant unlawfully engaging in trade.
Section 209	Non-appearance in response to a                   proclamation under section 84 of Bharatiya Nagarik Suraksha Sunhita 2023.
Section 226	Attempt to commit suicide to compel or          restraint exercise of lawful power.
Proviso below section 303(2):	In cases of theft where the value of the stolen property is less than five thousand rupees,   and a person is convicted for the first time,   shall upon return of the value of property or  restoration of the stolen property, shall be      punished with community service.
Section 355	Misconduct in public by a drunken person.
Section 356	Defamation