Judicial Magistrate Court Handwara convicted an accused under Section 355 of the Bharatiya Nyaya Sanhita (BNS) and sentenced him to seven days of community service at GMC Hospital Handwara.
The case, filed by Handwara Police, marks a significant application of the newly introduced criminal law by the Government of India.
According to police, The complaint was presented before the court on February 5, 2025, by the SHO of Police Station Vilgam through the Additional Public Prosecutor.
According to the police, the accused was found intoxicated and causing public nuisance in the Vilgam market on January 25, 2025. His disorderly behavior disrupted public order and inconvenienced bystanders. A medical examination confirmed his intoxication, leading to legal action under Section 355 of BNS-2023.
During the court proceedings, Advocate Rafi Afzal Sheikh, representing the accused, moved an application for confession, citing his client’s financial hardship and requesting a lenient view. Considering the reformative justice approach, the Hon’ble Court exercised its powers under Section 23(2) of BNS-2023 and sentenced the accused to community service instead of imprisonment or a fine.
As per the court’s directive, the accused will perform non-medical tasks, including maintaining cleanliness at GMC Handwara, for seven days from February 7 to February 13, 2025, between 10:00 AM and 1:00 PM daily.
The introduction of community service as a penalty under BNS-2023 aligns with global restorative justice practices, emphasizing rehabilitation over incarceration. Legal experts see this as a progressive step towards reformative justice, reducing the burden on prisons and encouraging social accountability.
