The new criminal laws in India, including the Bharatiya Nyaya Sanhita (BNS), and the Bharatiya Nagarik Suraksha Sanhita (BNSS), introduce several alternatives to imprisonment, shifting towards a more reformative approach.
Here are some key alternatives:
1) Community Service: The BNS introduces community service as a form of punishment for certain offenses. This aims to provide an alternative to traditional imprisonment, addressing issues like prison overcrowding and promoting offender rehabilitation. For instance, the BNS adds that community service may also be imposed as punishment for theft where the value of the stolen property is less than Rs 5,000, the offender is a first-time offender, and the stolen property is returned or its value is restored.
2) Release on Admonition: Courts may release first-time offenders with a warning.
3) Release on Probation: Offenders are released under supervision with conditions for good behavior.
4) Bail Provisions: The BNSS introduces a provision for under-trial prisoners, allowing first-time offenders to get bail after serving one-third of their maximum sentence, except for life imprisonment or cases with multiple charges.
5) Settlement without Trial: Mainstreaming settlement without trial (compounding and plea bargaining).
6)Compensation: Allowing compensation to victims for offenses.
7) Fines: The court may impose fine as alternative to imprisonment.
The move towards these alternatives signifies a shift towards reformative justice, though the new laws largely retain the punitive character of the criminal justice system. These alternatives aim to reduce recidivism, alleviate prison overcrowding, and facilitate the reintegration of offenders into society.
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