Accused directed to plant five trees daily for 30 days as a reformative measure under new laws
In a landmark judgment emphasizing reformative justice, the Rajasthan High Court granted bail to two accused under the new Bharatiya Nagarik Suraksha Sanhita, 2023, with a unique condition: they must plant five trees daily for 30 days. Justice Chandra Prakash Shrimali presided over the case involving Waris alias Lahki and Usman alias Andha, who faced charges related to theft and vehicle tampering. The court's decision aligns with the Bharatiya Nagarik Suraksha Sanhita, 2023, which encourages community service as a rehabilitative measure.
The accused, in custody since January 2026, were charged with stealing money from an ATM using a gas cutter. Despite having criminal antecedents, the court found no pending recoveries against them and acknowledged the completion of their investigation. In light of the principles laid out by the Supreme Court and various High Courts, the Rajasthan High Court opted for a reformative approach.
Justice Shrimali highlighted the importance of rehabilitation over punitive measures, citing the transformative power of community service. The court mandated that the accused plant and maintain trees as part of their community service, a directive enforced by the local Forest Department. This initiative aims to integrate the offenders back into society while contributing positively to the environment.
The judgment underscores the role of community service in preventing recidivism and fostering societal reintegration. It also reflects India's evolving criminal justice system, which prioritizes reformation and social welfare over mere punishment.
Bottom Line:
Community Service as a reformative measure under Bharatiya Nagarik Suraksha Sanhita, 2023 emphasized for rehabilitation of offenders and reintegration into society, ensuring they do not relapse into criminal activities.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 483 and 23
Waris Alias Lahaki v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2874336
