Home India CENTRAL SECTION Part IV-C, Ex. No. 62, High Court of Judicature at Bombay, A...
Date: 2025-11-28 Category: Not Applicable State: Maharashtra Country: India

Part IV-C, Ex. No. 62, High Court of Judicature at Bombay, Appelllate Side, Notification No. BNSS-0325/C.R.36/Special-09, Dated 28th November 2025.

Issued by CENTRAL SECTION · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document contains the "Maharashtra (Community Service as Punishment for Certain Offences) Rules, 2025," which were enacted by the Government of Maharashtra on November 28, 2025, in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Nyaya Sanhita, 2023. The rules define which offences can be punished with community service, the nature and duration of such service, and the monitoring process. The rules come into force on the date of their publication in the Official Gazette. **Key Points / Main Content** * **Title and Commencement:** The rules are called "The Maharashtra (Community Services' as Punishment for Certain Offences) Rule, 2025," and they will come into force on the date of their publication in the Official Gazette. * **Permissible Offences for Community Service:** Community service may be awarded for the following offences under the Bharatiya Nyaya Sanhita, 2023: * Public servant unlawfully engaging in trade (Section 202 of BNS). * Non-appearance in response to a proclamation (Section 209 of BNS). * Committing suicide to compel or restrain exercise of lawful power (Section 226 of BNS). * Theft where the value of the stolen property is less than ₹5,000 and the person is a first-time offender, upon return of the stolen property (Section 303(2) Proviso of BNS), where it is the sole punishment. * Misconduct in public by a drunken person (Section 355 of BNS). * Defamation (Section 356(2) of BNS). * **Court Specifications:** When awarding community service, the court must specify: * The nature of the service. * The place of service. * The supervising/authorising officer. * The duration of the service, in accordance with Schedule-I. * **Duration of Community Service:** Community service shall ordinarily be: * Not less than one day and not more than thirty-one days, or * Not less than forty hours and not more than two hundred forty hours, as determined by the Court based on the facts of the case. * Community service shall not exceed a period of 8 hours a day. * **Non-Compliance:** Any non-compliance must be reported to the Court by the Monitoring Authority using the format in Schedule-II. * **Schedule I:** Community Service, Place of Service, Authorising Officer, Monitoring Authority and Duration *Cleaning/maintenance *Government Hospital/ Government Dispensaries *RMO/Dean or Designated Officer *District Probation Officer or any other appointed or designated officer by the State Government for the purpose *One day to thirty-one days OR forty hours to two hundred forty hours. *Casualty/OP Management *Government Hospital *RMO/Dean or Designated Officer *do *do *Trolly/Movement assistance *Government Hospital *RMO/Dean or Designated Officer *do *do *Any other duties identified by RMO/Dean which requires more special/medical knowledge *Government Hospital *RMO/Dean or Designated Officer *do *do *Cleaning/ maintenance of study area, stock area, and peripherals *District/Taluka Office /Legal Aid Clinics *Secretary DLSA/ Librarian/ Incharge Officer *do *do *Arranging of Books/Listing of Books or any clerical assistance or Binding *DLSA Office District/Taluka Office/Any Govt Library *Secretary DLSA/ Librarian/ Incharge Officer *do *do *Cleaning of classrooms, library, labs, grounds and peripherals. *Govt Educational Institutions *HM/Principal or Designated Officer *do *do *Cleaning/ maintenance along with Municipal/ Corporation cleaning staff *Corporation / Municipality/ Panchayat *Respective Commissioner/ BDO or Designated officer *do *do *Removal of weeds from roadsides *Corporation / Municipality/ Panchayat *Respective Commissioner/ BDO or Designated officer *do *do *Any Cleaning or maintenance of public buildings. *Public Offices *Concerned Officers *do *do *Traffic regulation, crowd regulation, premises/station cleaning, common areas maintenance *Police Station *SHO/ Designated Officer *do *do *Cleaning/ Maintenance *Public Parks/ Space & Beach of Corporation/ Municipality/ Panchayat *Respective Commissioner/ BDO or Designated officer *do *do *Cleaning/ Maintenance *Old age homes Mental Health Institutes/ Hostels/ social welfare department buildings *Warden / In-charge officer or Designated Officer *do *do *Tree Planting, watering. weed removal maintenance work and *Forest Department *Ranger / In-charge Officer /Designated Officer *do *do *Cleaning/ Maintenance or clerical assistance *Zoo/Museums *Curator/In-charge officer/ Designated Officer *do *do *Any other duty as part of community service which the court deems fit in the given case *Concerned Department *Concerned Officer *do *do * **Schedule II:** Non-Compliance Report **Impact Analysis** **Stakeholder: Courts** * **Impact:** Courts are given the power to assign community service for specific offenses. The Rules provide specific guidelines for determining the nature, place, and duration of this service. * **Action Required:** Courts must adhere to Schedule-I when assigning community service and follow the procedures for reporting non-compliance as outlined in Schedule-II. **Stakeholder: Offenders** * **Impact:** Offenders convicted of specific minor offenses may be sentenced to community service rather than imprisonment or fines. * **Action Required:** Offenders must complete the assigned community service as directed by the court and supervising authority. Non-compliance will be reported to the court and may result in further legal action. **Stakeholder: Monitoring Authorities** * **Impact:** Appointed monitoring authorities (e.g., District Probation Officers, designated officers by the State Government) are responsible for overseeing offenders completing community service. * **Action Required:** Authorities need to monitor and report on the offenders’ compliance. If the offender is not compliant a report using Schedule-II must be submitted to the Court. **Stakeholder: Government Hospitals, Dispensaries and other departments** * **Impact:** Government agencies and their officers will oversee offenders completing community service. * **Action Required:** Agencies and officers need to supervise community service and ensure offenders are performing the assigned tasks.

Key Entities Referenced

Bharatiya Nagarik Suraksha Sanhita, 2023: Indian law that this policy implements community service punishments for certain offenses under. The Maharashtra (Community Service as Punishment for Certain Offences) Rules, 2025: The core policy document, outlining rules for community service as punishment in Maharashtra. Bharatiya Nyaya Sanhita, 2023: Indian law under which community service will be prescribed as punishment under the Rules. Home Department, Maharashtra: The department responsible for issuing the community service rules. Maharashtra: The state to which this policy applies.
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RNI No. MAHBIL /2009/35527 महाारााष्ट्र� शाासन रााजपत्र असाधााराण भााग चाारा-क वर्षष ११, अंक ४१(३)] शाुक्रवारा, नोव्हांबरा २८, २०२५/अग्रहाायण ७, शाके १९४७ [पष्ृठे े5, किंकमं त : रुपय े९.०० असाधााराण क्रमांक ६२ प्रााकिंधाकृत प्राकाशान महाारााष्ट्र शाासनाव्यकिंतरिराक्त इतरा वैधााकिंनक प्रााकिंधाकाऱ्यांनी तयारा केलेेलेे (भााग एक, एक-अ व एक-ले यांमध्ये प्राकिंसद्ध केलेेलेे वैधााकिंनक किंनयम व आदेेशा यांव्यकिंतरिराक्त इतरा) वैधााकिंनक किंनयम व आदेेशा; यात भाारात सराकारा, उच्चा न्यायालेय, पोलेीस आयुक्त, आयुक्त (रााज्य उत्पादेन शाुल्क), किंजल्हाादेंडााकिंधाकाराी व किंनवडाणूक आयोग, किंनवडाणूक न्यायाकिंधाकराण, किंनवडाणूक किंनणषय अकिंधाकाराी व किंनवडाणूक आयोगाखाालेीले इतरा प्रााकिंधाकाराी यांनी तयारा केलेेलेे वैधााकिंनक किंनयम व आदेेशा यांचाा समावेशा हाोतो. HOME DEPARTMENT, Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk, Mumbai 400 032, Dated 28th November, 2025. NOTIFICATION The MaharashTra (CoMMuniTy serviCe as PunishMenT for CerTain offenCes) rules, 2025. The Maharashtra (Community Service as Punishment for Certain Offences) Rules, 2025. BNSS-0325/C.R.-36/Special-09.—In exercise of the powers conferred by Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 4(f) of the Bharatiya Nyaya Sanhita, 2023, and all other enabling provisions, the Government of Maharashtra hereby makes the following Rules prescribing ‘community service’ as punishment for certain offences under the Bharatiya Nyaya Sanhita, 2023. 1. Short Title and Commencement 1. This Rule may be called The Maharashtra (‘Community Services’ as Punishment for Certain Offences) Rule, 2025. 2. They shall come into force on the date of their publication in the Official Gazette. 2. Community Services’ as Permissible Punishment 1. Community services’ under section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be awarded as punishment for the following offences under the Bharatiya Nyaya Sanhita, 2023: a. Public servant unlawfully engaging in trade (Section 202 of BNS). b. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 209 of BNS). c. commit suicide to compel or restrain exercise of lawful power. (Section 226 of BNS). d. in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property भााग चाार-क-६२ —१ (१)2 महाारााष्ट्र शाासन रााजपत्र, असाधााराण, भााग चाारा-क, नोव्हांबरा २८, २०२५/अग्रहाायण ७, शाके १९४७ or restoration of the stolen property (Section 303(2) Proviso of BNS), where it is the sole punishment. e. Misconduct in public by a drunken person (Section 355 of BNS). f. Defamation (Section 356(2) of BNS) 3. The Court, while awarding ‘community services’ as a punishment for the above offences, shall also specify— a. the nature of service; b. the place of service; c. the supervising/authorising officer; and d. the duration of the service, strictly in accordance with the Schedule-I appended to these Rules. 4. Duration of Community Service The duration of community service shall ordinarily be - (a) not less than one day and not more than Thirty-One days; or (b) not less than Forty hours and not more than Two Hundred Forty hours, as the Court may determine depending on the facts of the case; (c) Community Service shall not exceed period of 8 hours in a day. 5. Non-Compliance Any instance of non-compliance shall be reported in the format given under Schedule-II to the Court by the Monitoring Authority, upon which the Court may take appropriate action as permitted under law. SCHEDULE-I Sl. Community Place/Office of Authorising Monitoring Duration of No. Services service officer Authority Community Service 1 Cleaning/ Government RMO/Dean or District One day to maintenance Hospital/ Designated Probation thirty-one days of wards and Government Officer Officer or OR peripherals Dispensaries any other appointed or forty hours to designated two hundred officer by forty hours. the State Government for the purpose 2 Casualty/OP Government RMO/Dean or -do- -do- Management Hospital Designated Officer 3 Trolly/Movement Government RMO/Dean or -do- -do- assistance Hospital Designated Officerमहाारााष्ट्र शाासन रााजपत्र, असाधााराण, भााग चाारा-क, नोव्हांबरा २८, २०२५/अग्रहाायण ७, शाके १९४७ 3 Sl. Community Place/Office of Authorising Monitoring Duration of No. Services service officer Authority Community Service 4 Any other duties Government RMO/Dean or -do- -do- identified by Hospital Designated RMO/Dean which Officer requires more special /medical knowledge 5 Cleaning/ District/Taluka Secretary -do- -do- maintenance Office /Legal DLSA/ of study area, Aid Clinics Librarian/ stock area, and Incharge Officer peripherals 6 Arranging of DLSA Office Secretary -do- -do- Books/Listing District/Taluka DLSA/ of Books or any Office/Any Govt Librarian/ clerical assistance Library Incharge Officer or Binding 7 Cleaning of Govt HM/Principal -do- -do- classrooms, Educational or Designated library, labs, Institutions Officer grounds and peripherals. 8 Cleaning/ Corporation/ Respective -do- -do- maintenance along Municipality/ Commissioner/ with Municipal/ Panchayat BDO or Corporation Designated cleaning staff officer 9 Removal of weeds Corporation / Respective -do- -do- from roadsides Municipality/ Commissioner/ Panchayat BDO or Designated officer 10 Any Cleaning or Public Offices Concerned -do- -do- maintenance of Officers public buildings. 11 Traffic regulation, Police Station SHO/ -do- -do- crowd regulation, Designated premises/station Officer cleaning, common areas maintenance 12 Cleaning/ Public Parks/ Respective -do- -do- Maintenance Space & Beach Commissioner/ of Corporation/ BDO or Municipality/ Designated Panchayat officer भााग चाार-क-६२ —२4 महाारााष्ट्र शाासन रााजपत्र, असाधााराण, भााग चाारा-क, नोव्हांबरा २८, २०२५/अग्रहाायण ७, शाके १९४७ Sl. Community Place/Office of Authorising Monitoring Duration of No. Services service officer Authority Community Service 13 Cleaning/ Old age homes Warden / In -do- -do- Maintenance Mental Health charge officer Institutes/ or Designated Hostels/ Officer social welfare department buildings 14 Tree Planting, Forest Ranger / In- -do- -do- watering. Department charge Officer weed removal /Designated maintenance work Officer and 15 Cleaning/ Zoo/Museums Curator/In- -do- -do- Maintenance or charge officer/ clerical assistance Designated Officer 16 Any other duty as Concerned Concerned -do- -do- part of community Department Officer service which the court deems fit in the given case SCHEDULE-II Non-Compliance Report BEFORE IN THE COURT OF _______ In the Matter of: State of Maharashtra/______________ [Name of Complainant] V/S _____________ [Name of Offender] Case No.: __________ Order Date: __________ This Non-Compliance Report is respectfully submitted before this Hon’ble Court in the above- mentioned matter. The Court had imposed ‘Community Service’ as a ‘Sentence’ under the supervision of this authority. The details of the awarded ‘Community Service’ sentence are as follows: Type of Community Service sentence: __________________ Total hours/days required: __________________ Punishment start date: __________________ Punishment completion deadline: __________________ Reporting frequency (hourly/daily/weekly): __________________ It has been found that the offender has failed to comply with the Court’s order due to following reasons: a) Failure to report for community serviceमहाारााष्ट्र शाासन रााजपत्र, असाधााराण, भााग चाारा-क, नोव्हांबरा २८, २०२५/अग्रहाायण ७, शाके १९४७ 5 b) Absenteeism without valid reason c) Misconduct at the service location d) Repeated late reporting e) Abandonment of assigned tasks f) Failure to follow instructions/supervisor rules g) Other (specify): ____________________________ [Provide detailed explanation of events, specific dates, communication attempts with the offender (Telephonic, Written Notice, Email, In-person), warnings issued (Telephonic, Written Notice, Email, In-person), and any response received from the offender. Include any other relevant information supported by office records.] It is observed that the behaviour, cooperation level, attitude, and overall conduct of the offender are unsatisfactory, and not conducive to maintaining safety, discipline, or the public interest. Accordingly, this Non-Compliance Report is submitted to the Hon’ble Court for its appropriate directions and further necessary action. Date: - Place: - Signature of Supervising Authority/ Head of the Department Declaration I, [Name, Designation], hereby declare that the information provided in this report is true, accurate, without prejudice, and in accordance with our office records. Signature of Supervising Authority/ Head of the Department Name: ___________________ Designation: ___________________ Department / Organization: ___________________ Place: ___________________ Date: ___________________ By order and in the name of the Governor of Maharashtra, DR. JAYANT SARODE, Deputy Secretary to Government. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

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