Handwara Court Convicts Accused Under Section 355 BNS, Orders Community Service at GMC Hospital

Handwara: In a landmark ruling, the Judicial Magistrate Court Handwara has convicted an accused under Section 355 of the Bharatiya Nyaya Sanhita (BNS), 2023, and sentenced him to seven days of community service at GMC Hospital Handwara.

The case, filed by Handwara Police, marks a significant enforcement of the recently introduced BNS criminal provisions. The complaint was presented before the Judicial Magistrate Court Handwara on February 5, 2025, by the Station House Officer (SHO) of Police Station Vilgam through the Additional Public Prosecutor.

Case Details

On January 25, 2025, a police patrol in Vilgam found an individual causing a public nuisance while under the influence of intoxication, disrupting market activities and inconveniencing bystanders. Following medical examination, it was confirmed that the accused was intoxicated, violating Section 355 of BNS, 2023.

After completing the investigation, the case was produced before the court. The accused, through his counsel Advocate Rafi Afzal Sheikh, confessed to the offense and pleaded for leniency, citing financial hardship.

Court’s Decision

Taking into account the principles of reformative justice and the need for behavioral correction, the court exercised its discretion under Section 23(2) of BNS, 2023. Instead of imposing a fine or imprisonment, the accused, as per an order, according to Alfaaz – The Words, was directed to undergo community service at GMC Hospital Handwara from February 7 to February 13, 2025, between 10:00 AM and 01:00 PM daily. The service may include cleanliness maintenance and other non-medical tasks as assigned by the hospital’s Medical Superintendent.

Significance of Community Service as Punishment

The inclusion of community service under BNS, 2023, marks a shift towards constructive penalties over punitive incarceration. Inspired by legal systems in the United States and the United Kingdom, this approach aligns with restorative justice principles, aiming to; Rehabilitate first-time offenders through public service rather than imprisonment; Reduce the burden on the prison system by avoiding unnecessary incarceration; and to Promote social accountability by requiring offenders to contribute positively to society.

This judgment reinforces the judiciary’s commitment to balancing law enforcement with social rehabilitation, setting a precedent for similar cases in the future.