Community service as punishment for petty offences in proposed criminal codes

New Delhi: Under the new proposed criminal justice framework, community service or community sentence is introduced as one of the punishments for petty offences.

Community service or community sentence

For example, if a person doesn’t make an appearance in response to a proclamation or attempts to commit suicide to compel or restraint exercise of the lawful power of public servant or petty theft or return of theft money or misconduct in public by a drunken person and also in case of defamation etc., community service or community sentencing has been introduced as a punishment if charges are proved.

Punishment for Snatching

Another new provision has been made for the offence of snatching which is creating a problem, especially in urban areas. There is no provision presently to deal with the offence of snatching. Now for the offence of chain snatching or mobile snatching, a new section {Section 305} has been inserted providing imprisonment extendable to 3 years.

The scope of some of the sections has been broadened to cover offences like idol theft. The section {Section 306} relating to theft was limited to theft in dwelling houses and now it has been expanded to cover theft of idols, government property, theft of vehicles and theft of any article or goods from the vehicle.

Under the proposed framework, the definition of grievous hurt has been expanded to include hurt resulting in a persistent vegetative state or in permanent disability.

A new provision {Section 117 (3)} has been made where grievous hurt results in permanent disability or in a persistent vegetative state, it will attract higher punishment of imprisonment not less than ten years and which may extend to imprisonment for life. Earlier there was a provision of seven years imprisonment for only grievous hurt.

Importation into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that such person will be forced or seduced to illicit sexual acts with another person has been made punishable with imprisonment which may extend to ten years

Punishment for child labour

Also, so far there was no provision to prosecute a person who employs or engages a child for the purpose of committing offences. A new section {Section 95} has been added to make hiring, employing or engaging a child to commit an offence punishable with imprisonment of minimum of seven years extendable to ten years.

Government officials said both boys and girls are procured for sexual exploitation. The word “minor girl” has now been replaced with the word “child” to cover both male and female children below the age of 18 years and the offence of procurement has been made punishable.

Pushment in hit and run case

To deal with hit and run cases, a new provision has been made which says whoever causes the death of any person by doing any rash or negligent act and escapes from the scene of the incident and fails to present himself and disclose the incident to a Police officer or Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years and with fine under the proposed Section 106(2).

In the proposed framework terms like idiot, lunatic, unsound mind, etc. have been replaced with intellectual disability, mental illness, etc. in line with the terms used in the Mental Health Care Act, 2017.

So far fines in the existing IPC were very low and ranged between Rs 10 to Rs. 500.

The Court of Magistrate of first class may pass a sentence of imprisonment for a term not exceeding 3 years or of a fine not exceeding Rs 50,000 or both.  Earlier, the limit of fine was restricted to Rs 10,000.

The offences of mischief have been expanded and causing loss or damage to any property including the property of the Government or Local Authority has been made punishable with imprisonment extendable up to one year, or with fine, or with both. Earlier it was just 6 months of imprisonment or with fine, or both for the offence of mischief.