Ex-CJI UU Lalit highlights absence of clear guidelines in Bharatiya Nyaya Sanhita 2023 on awarding community service as punishment, calling for legislative clarity over judicial discretion.
Why in NewsEx-CJI UU Lalit criticises lack of guidelines in BNS on awarding community service as punishment . |
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Overview
Former CJI UU Lalit addressed a lecture on “Bharatiya Nyaya Sanhita, 2023 and IPC 1860: Continuity, Change and Challenges” organized by the Supreme Court Bar Association . He discussed the ambiguities in the Bharatiya Nyaya Sanhita 2023, particularly regarding community service as an alternative punishment . Drawing an example from Section 356(2) of BNS dealing with defamation, Justice Lalit questioned how community service could be measured in comparison to imprisonment or fine .
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Key Aspects
Justice Lalit highlighted serious concerns about the absence of legislative clarity on community service punishment . He emphasized that leaving it to judges’ discretion risks inconsistency .
- No standard guidelines on duration or nature of community service in BNS 2023 .
- Example: Section 356(2) provides imprisonment, fine, or community service for defamation .
- Concerns on whether service equals prison term in length .
- Current framework leaves punishment entirely to judicial discretion .
Legal Insights
Justice Lalit stressed the need for statutory clarity to avoid arbitrary sentencing .
- Section 356(2), BNS 2023 : defamation punishable by imprisonment up to 2 years, fine or community service .
- No prescribed ratio between prison sentence and community service .
- Reliance only on judicial discretion without legislative principles .
- Suggested legislative guidelines to ensure fairness and consistency in awarding community service .
Court’s Verdict
Since this was not a court ruling but a lecture, no verdict was delivered . However, CJI UU Lalit called upon the legislature to introduce structured guidelines in the Bharatiya Nyaya Sanhita 2023 to ensure consistency and fairness in sentencing involving community service .
Source – Supreme Court of India
Read also – Bharatiya Nyaya Sanhita 2023
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