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Maharashtra has formally operationalised “community service” as a court-imposed punishment for a defined set of minor offences by notifying the Maharashtra (Community Services as Punishment for Certain Offences) Rules, 2025. These Rules translate the BNS/BNSS reform into a workable sentencing menu—what work can be ordered, where, under whose supervision, for how long, and what happens on non-compliance.
The legal “hook”: where these Rules come from
The Notification is issued by Maharashtra’s Home Department and states that it is made using powers under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 4(f) of the Bharatiya Nyaya Sanhita, 2023. In simple terms, BNS recognises community service as a form of punishment, and BNSS provides the sentencing framework—Maharashtra’s 2025 Rules supply the operational details.
When can courts award community service? (Specified offences)
Rule 2 lists the offences for which “community services” under Section 23 BNSS may be awarded as punishment under BNS, including: public servant unlawfully engaging in trade (Section 202 BNS), non-appearance in response to a proclamation (Section 209 BNS), suicide to compel/restrain lawful power (Section 226 BNS), first-time theft under ₹5,000 subject to return/restoration where it is the sole punishment (Section 303(2) proviso BNS), misconduct in public by a drunken person (Section 355 BNS), and defamation (Section 356(2) BNS). Practically, this signals a calibrated shift: for certain low-level/non-violent wrongdoing, courts can replace (or at least avoid) carceral outcomes with structured, supervised unpaid work.
What must the sentencing court specify?
Rule 3 makes the sentencing order more “administrable” by requiring the court to specify the nature of service, the place/office of service, the supervising/authorising officer, and the duration—strictly in accordance with Schedule I. This is important for enforceability: community service isn’t a vague admonition; it must be tied to a concrete duty location and accountable officers.
How long can community service last?
Rule 4 provides the ordinary duration bands: not less than one day and not more than 31 days, or not less than 40 hours and not more than 240 hours, depending on the facts of the case. It also caps work at 8 hours per day, aligning the sentence with basic feasibility and supervision.
What counts as “community service” in Maharashtra? (Schedule I)
Schedule I supplies a ready list of permissible works, mapped to institutions and officers—e.g., cleaning/maintenance and assistance duties in government hospitals (including ward/peripheral cleaning, OP/casualty management, trolley/movement assistance), work in DLSA/legal aid/library spaces (cleaning, arranging/listing/binding books, clerical assistance), cleaning in educational institutions, assisting municipal cleaning work and removal of weeds, maintenance of public buildings and public parks, traffic/crowd regulation and premises maintenance at police stations, work in old age homes/mental health institutes/hostels/social welfare buildings, tree planting and maintenance via the forest department, and cleaning/clerical help in zoos/museums. The Schedule also includes a residuary item—“any other duty” as part of community service that the court deems fit in the case—anchored to the “concerned department/concerned officer.”
Non-compliance: the built-in reporting mechanism (Schedule II)
Rule 5 provides that any non-compliance must be reported by the Monitoring Authority to the Court using the format in Schedule II. Schedule II’s template flags typical defaults (failure to report, absenteeism without valid reason, misconduct at service location, repeated late reporting, abandonment of tasks, failure to follow instructions/supervisory rules, or other specified reasons) and asks for supporting particulars like dates and communication attempts.
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