Current Affairs

Source: Madhya Pradesh High Court

Why in News?

Recently, a unique bail condition was imposed by the Madhya Pradesh High Court, requiring the accused student to perform community service as part of their temporary release on bail.

• The statement by Justice Anand Pathak highlights the court's recognition of the seriousness of the allegations while also acknowledging the potential for the accused to reform their behavior.
• This decision reflects a judicial approach that balances accountability for the alleged offense with the opportunity for rehabilitation and personal growth.

What was the Background of Abhishek Sharma v The State of Madhya Pradesh?

• Accused arrested on April 4,2024 for continuous harassment of a girl via WhatsApp, stalking, and vulgar calls.
• Accused, a first-year BBA student, seeks temporary bail citing potential academic setback due to prolonged confinement.
• The applicant asserts a commitment to reform, vowing not to engage in such activities again.
• Parents pledge to oversee their son's behavior, ensuring no further embarrassment or harassment to the complainant.
• Applicant's actions, as per counsel, stem from ego issues, suggesting engagement in creative pursuits and community service to facilitate reform.
• Applicant applied for temporary bail in High Court.

What were the Court’s Observations?

• High court allowed the temporary bail on the condition of community service.
• Justice Anand Pathak's opinion that it's important in legal proceedings to consider both accountability and opportunities for reform.
• The applicant is a student; therefore, chance be given for course correction so that he can mend his ways to become a better citizen by not involving in criminal activities especially in the nature of Section 354(D) of the IPC and Sections 11 and 12 of the POCSO Act.
• Court agreed on the suggestion of counsel to grant the temporary bail for 2 months on the condition, he may engage in creative pursuits and community service so that his alleged ego may be melted and thereafter looking to his conduct, bail be confirmed, This would enable the applicant to learn a lesson and engage in creative pursuits for a better future.
• The bail conditions imposed on the applicant are
• He will render his services at the District Hospital (1250) Bhopal on every Saturday and Sunday from 9 am to 1 pm (irrespective of being affected by the decision of the trial) and his role will be to assist the patients of the external department in the services provided by doctors and compounders.
• He will be barred from the operation theatre, private wards, and administering medication or injections.
• They must ensure no harm or inconvenience to patients; doctors will oversee compliance.

What is Community Services?

• About
  • Community services refer to a broad range of programs, activities, and initiatives aimed at enhancing the well-being of a particular community or group of people.
  • These services are often provided by government agencies, non-profit organizations, or volunteer groups and can encompass various areas such as social services, healthcare, education, environmental sustainability, cultural enrichment, and more.
• Community Service Sentencing in Indian Criminal Justice System and other countries
  • India
    • India recently adopted the provision of community service punishment as a form of punishment in the Bharatiya Nyaya Sanhita.
    • It reflects a shift towards restorative justice, emphasizing rehabilitation and community involvement.
    • This approach allows offenders to contribute positively to society while addressing the harm caused by their actions.
    • By promoting personal growth and integration, community service offers a chance to break the cycle of criminal behavior.
  • Other Countries
    • United States: Utilizes probation, with offenders supervised in the community under specific conditions, often involving non-profit organizations or government agencies for community service opportunities.
    • United Kingdom: Employs community orders, offering various requirements such as unpaid work, curfews, or rehabilitation programs to offenders as part of community sentencing.
    • Australia: Implements Community Corrections Orders, combining supervision with tailored conditions like counseling or community service to address offender rehabilitation.
    • Canada: Utilizes conditional sentences, allowing offenders to serve their sentences in the community under strict conditions, emphasizing rehabilitation alongside punishment.
    • Norway and Japan: Norway focuses on restorative justice programs and alternative sanctions, while Japan implements "day-fines" based on daily income, both aiming to reintegrate offenders into society while considering cultural and legal nuances.
• Community Services in BNS
  • First time the provision of community service has been proposed in penal law for minor offences under the ‘Bharatiya Nyaya Sanhita’ (BNS) Bill.
  • Section 4 of BNS deals with punishment. It states that the punishments to which offenders are liable under the provisions of this Sanhita are—
    • Death;
    • Imprisonment for life
    • Imprisonment, which is of two descriptions, namely:— Rigorous, that is, with hard labour; Simple
    • Forfeiture of property
    • Fine
    • Community Service.

What are Some Major Case Laws in Which Community Services are Used as a Bail Condition?

• Gudikanti Narasimhulu And Ors v. Public Prosecutor (1977), the Supreme Court of India noted that measures aimed at social defense and individual correction, with an anti-criminal focus, may justify limitations on personal liberty.
• Aparna Bhat & Ors vs. State of Madhya Pradesh & Anr (2021), Court questioned the prevalent practice of mandating "community service" as a bail condition, especially in gender-related crimes.