Beyond the Prison Bars: Contemplating Community Sentencing in India

Beyond the Prison Bars: Contemplating Community Sentencing in India

*

Volume 12 Issue 1 ()

The deplorable state of the criminal justice administration system in India has been highlighted time and again with several possible measures being suggested to remedy the same. However, even within these discussions, the possibility of the introduction of community sentence as a restorative justice reform has not been given much consideration. At the same time, various jurisdictions have successfully tested community service as a form of alternative sentencing. Notably, community service not only reduces the burden on the system of incarceration, but also disburdens the state exchequer. While there is ample literature debating other alternatives to custodial sentencing, community sentencing in India remains a relatively unexplored domain. In recognition of this situation, this paper examines the attempts made in India to introduce community sentencing. This is juxtaposed against the experiences with the system of community sentencing in different legal jurisdictions. On this basis, a suggested model for the introduction of community service in India has been outlined in this paper.

Cite as: Mitali Agarwal, Beyond the Prison Bars: Contemplating Community Sentencing in India, 12 NUJS L. Rev. 115 (2019)