A person was accused of theft involving stolen property valued at less than five thousand rupees. He was a first-time offender, and the property was recovered. Discuss the punishment prescribed for such an offence under

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
A person was accused of theft involving stolen property valued at less than five thousand rupees. He was a first-time offender, and the property was recovered. Discuss the punishment prescribed for such an offence under the Bharatiya Nyaya Sanhita, 2023. What other offences are covered under this type of punishment ?

Answer & Explanation:

The Bharatiya Nyaya Sanhita 2023 (BNS) includes community service as a form of punishment for minor offences where the offenders perform unpaid work for the benefit of the community. The BNS aims to create a more balanced and rehabilitative criminal justice system by focusing on restorative justice. The goal is to promote rehabilitation and reduce the burden on the prison system. Under the BNS, the following offences have been specifically mentioned as eligible for community service as a punishment: Section 202: Unlawful engagement of a public servant in trade Section 209: Failure to appear in response to a proclamation under Section 84 Section 226: Attempt to commit suicide to influence authorities Section 303(2) proviso: Petty theft (first-time offence, value under ₹5000, and property recovered) Section 355: Misconduct in public by a drunken person Section 356(2): Defamation (in certain circumstances) In all these cases, the court has the discretion to impose community service instead of imprisonment or fine, provided the statutory conditions are satisfied. Further under Section 303(2), community service is the sole mandatory punishment for petty theft - where the value of stolen property is less than five thousand rupees, and a person is convicted for the first time and the stolen property/value has been returned or restored. In the given situation, the person is a first-time offender, the stolen property is valued at less than ₹ 5,000, and it has been recovered. Therefore, in accordance with the proviso to Section 303(2) of the BNS, he shall be punished with community service.

Topics: Criminal Law

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