First-Time Petty Criminals to Get Community Service in Delhi

Legal Experts Said That the Move Is Calibrated Towards Reinforcing the Principle of 'Punishment Befitting the Crime and Offender'

- Sanjeev K Jha

NEW DELHI: The Delhi government will seek community service as punishment for first-time offenders in cases of petty crimes starting next month, officials aware of the matter said, attributing the decision to treating criminal justice as being reformative and not punitive.

The community service mandates will range from sanitation work to supporting public welfare activities, and these have been recognised as valid punishments for minor crimes, officials said. Till now, community service sentences would be handed down at the discretion of the courts. With the new policy, this change is likely to be adopted by the prosecution.

Beginning July 2024, the new policy will be applicable across Delhi courts. The initiative targets infractions such as unauthorised vending, trespassing in government offices, public indecency, and minor thefts under ₹5,000. It also applies to public disorder, defamation, and other low-severity offences that do not require custodial sentences," said a senior official, wishing not to be named.

The change is underpinned by the community service framework under the Bharatiya Nyaya Sanhita (BNS), 2023, and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 enacted by parliament -- but states need to formalise the policy change with their own notifications. An official aware of the matter said a notification was issued last week.