Thrissur: With the Bharatiya Nyaya Sanhita (BNS) introducing community service as a form of punishment, the Kerala government has issued detailed guidelines outlining the kinds of services that may be imposed as sentences. The guidelines were framed by the state government after consultations with the High Court, in line with directions from the Centre. This has paved the way for courts to formally award community service as a punishment.

The list released by the government includes services ranging from planting trees to caring for the elderly and persons with disabilities. A total of 27 categories of community service have been identified as eligible punishments. Community service has been incorporated as a punishment under Sections 202(Public servant unlawfully engaging in trade), 209 (Non-appearance in response to a proclamation), 226 (Attempt to commit suicide to compel or restrain public servant), 303(2) (theft-minor), 355 (Misconduct in public by a drunken person) and 356(2) (Defamation) of the BNS. However, there had earlier been no clarity on what types of community service could be imposed.

While the law states that awarding such punishment falls within the discretion of the sentencing court, the absence of clear guidelines has made it difficult to implement community service as a sentence.

There was also uncertainty over who would supervise such punishments. The guidelines address this by allowing courts to designate suitable authorities, including the Secretary of the Legal Services Authority, for supervision. The services have been classified under various categories such as environmental protection, educational activities, construction-related work and general service.

Assistance at animal shelters and wildlife protection centres has also been included. Activities related to road and bridge construction, as well as initiatives aimed at promoting social harmony and community cohesion, form part of the list.

Under the new framework, a person found misbehaving in public while under the influence of alcohol may face 24 hours imprisonment, a fine of ₹1,000, and community service as part of the punishment. Government employees engaging in unlawful trade or failing to comply with court directives may also be sentenced to imprisonment, a fine and community service. Obstructing government officials in the discharge of their duties and attempted suicide are among other offences for which community service can be imposed as one of the punishments.