Section 23 of the BNSS, 2023 (Sentences by Magistrates)

Section 23 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 defines the sentencing powers of Judicial Magistrates. This section corresponds to Section 29 of the old CrPC.

The BNSS introduces a high-impact paradigm shift in Indian criminal law by formally introducing Community Service as a form of punishment. This represents the best visible transition from a purely retributive system to a reformative one. Additionally, the BNSS has significantly enhanced fine amounts to keep pace with economic realities, ensuring that financial penalties remain a proven deterrent.

1. Hierarchy of Sentencing Powers

The BNSS maintains a clear hierarchy while increasing the financial jurisdiction of the lower courts to provide an optimized trial process.

Key Observations:

• The “Seven Year” Barrier: The CJM cannot award death, life imprisonment, or a term exceeding 7 years.
• Fine Enhancement: The five-fold increase in JMFC fines (from 10k to 50k) allows Magistrates to handle more substantial economic offences without committing them to higher courts.
• Uniformity: Since Metropolitan Areas are abolished, the “Chief Metropolitan Magistrate” designation is replaced by the uniform CJM standard (Sub-section 4).

Also Read: Section 13 of the BNSS, 2023 (Subordination of Judicial Magistrates)

2. Introduction of “Community Service”

The most top-tier reform in Section 23 is the inclusion of “Community Service” as a statutory punishment for First and Second Class Magistrates.

Definition (Section 23 Explanation): > “Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

Scope and Application:

• Discretionary Power: Magistrates can impose community service instead of, or in addition to, imprisonment or fine.
• Eligible Offences: While not explicitly listed in Section 23, the Bharatiya Nyaya Sanhita (BNS) identifies specific petty offences for community service, such as:
  • Theft (where value is under ₹5,000, for first-time offenders who return the property).
  • Public Misconduct while intoxicated.
  • Non-appearance in response to a proclamation.
  • Attempt to suicide to restrain a public servant.

3. Relevant Case Laws (2025–2026)

1. Nitesh Rastogi v. State of U.P. (Feb 2026)

This case has clarified the limits of Magistrate sentencing.

• The Ruling: The High Court held that the enhancement of fine powers to ₹50,000 under Section 23(2) applies only to offences committed after the BNSS’s enforcement. For older offences, the old CrPC limits still govern to prevent ex post facto increases in punishment severity.

2. Pune Porsche Case (Re-evaluated 2024/2025)

Although involving a minor, this case brought national focus to community service.

• The Ruling: The Juvenile Justice Board’s initial order (writing an essay and 15 days of community service) was criticized for being too lenient for a grave offence.
• Significance under BNSS: Legal experts and recent 2026 commentaries emphasize that Section 23’s community service is intended for non-violent, petty offences and must be proportionate to the harm caused to the community.

3. Sunita Gandharva v. State of M.P. (2020/2025)

• The Ruling: The High Court noted that community service serves as a proven reformative tool that “melts the ego” of an offender. Under the BNSS, courts have been directed to ensure that assigned work (like serving in hospitals or orphanages) matches the offender’s skills and health.

4. Summary of Changes: BNSS vs. CrPC

Practical Rationale: Restorative Justice

The introduction of community service and increased fines reflects a high-level shift toward Restorative Justice. By keeping petty offenders out of overcrowded jails and making them perform unpaid social work, the system:

1. Reduces Stigma: First-time petty offenders are not hardened by prison culture.
2. Benefits Society: Public institutions receive much-needed labor.
3. Optimizes Resources: Saves the State the cost of maintaining short-term prisoners.