Khammam Court Sentences Drunk Drivers to Unique Community Service
In a noteworthy development reflecting the shift towards reformative justice under the new Bharatiya Nyaya Sanhita (BNS), 2023, on Saturday, the Khammam IV Additional Judicial Magistrate of First Class (Special Mobile Court) sentenced seven individuals caught Drunk and Driving to a unique form of “community service”.
Judicial Magistrate Bakkaera Nagalakshmi ordered each of the seven offenders to pay a fine of ₹2,000. More significantly, they were also instructed to perform duty for two full days, from 10 AM to 5 PM, assisting the traffic police as a direct form of community service.
Khammam Traffic Circle Inspector Tellam Satyanarayana confirmed that the individuals were recently apprehended while driving under the influence of alcohol. Following their arrest, they were given counselling before being presented before the Special Mobile Court, where Judicial Magistrate Nagalakshmi imposed the combined sentence of a fine and community service. Inspector Satyanarayana reiterated a stern warning that “penalties are inevitable for those who drive after consuming alcohol.”
Community Service as Punishment Under BNS and BNSS
Community service has been introduced as a new form of punishment in both the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). It requires offenders to perform unpaid work that benefits the community. This is a non-custodial, restorative approach intended to help reintegrate offenders into society by making them contribute positively.
BNS Provisions for Community Service
The BNS introduced community service as a punishment for specific, less severe offenses under Section 4(f). It applies to:
- Public servant misconduct: A public servant unlawfully engaging in trade (Section 202).
- Non-appearance in court: Failing to appear in court after a proclamation (Section 209).
- Attempted suicide: Attempting suicide to influence a public servant (Section 226).
- Petty theft: Theft involving property valued under ₹5000 by a first-time offender who returns the property (Proviso to Section 303).
- Misconduct in public: Misconduct in public by a drunken person (Section 355).
- Defamation (Section 356(2)).
BNSS Definition and Nature of Work
The BNSS defines community service in the explanation to Section 23 as unpaid work for the community, the specific nature of which is decided by the court. The magistrate determines the specific tasks, which are broad and can be tailored to the offender’s skills. Examples of the assigned work include:
- Cleaning streets and public works.
- Assisting in social welfare projects.
- Working in hospitals.
- Environmental conservation activities.
The Khammam court’s order is a practical example of how the new law can be applied. Sentencing drunk drivers to assist traffic police directly links their punishment to the public safety sphere they violated, marking a significant and progressive step in India’s criminal justice system.
Deputy Editor, Prime Post
With an illustrious career spanning 29 years in the dynamic field of journalism, Anand Gantela is a seasoned professional who has made significant contributions to both print and electronic media. His wealth of experience reflects a deep understanding of the ever-evolving landscape of news reporting.
It is a good reform
Yes. Definitely it’s right decission towards reformative justice.