A trial court in Kashmir’s Budgam district recently ordered a man, who was convicted for engaging in misconduct in public under the influence of drugs, to distribute 200 copies of pamphlets highlighting the fundamental duties of citizens..Judicial Magistrate Nazia Hassan passed the order against the man as part of his sentencing under Section 355 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which punishes misconduct by a drunken person in public.“The SHO shall deploy the convict for community service in public areas such as markets, roadsides, and bus stands, under his personal supervision, on 05.05.2025, from 10:00 AM to 4:00 PM. During this time, the convict shall distribute 200 copies of A4- sized pamphlets (the master copy of which shall be provided by this Court along with a copy of this Order), containing the verbatim the Fundamental Duties as per Article 51A of the Constitution of India,” the Court ordered..Additionally, the Court ordered the convict to distribute 50 copies of translated versions of the pamphlet in Kashmiri and Urdu languages among people who do not know English. On April 13, the accused Riyaz Ahmad Sheikh was found verbally abusing pedestrians and passers-by in a loud and aggressive manner on a public road in Srinagar, leading to public disorder. He was also found intoxicated. A medical examination revealed that he was high on drugs..The police filed a complaint against Sheikh on May 1 before the trial court in Chadoora. Sheikh pleaded guilty to the offence before the Court. “In view of the voluntary and informed confession made by the accused, this Court finds him guilty and convicts him under Section 355 of the Bharatiya Nyaya Sanhita, 2023,” the magistrate held on May 3.The Court then considered whether to send the convict to prison for 24 hours or impose a fine on him or send him for community service..It observed that upholding public order is not merely a statutory obligation but a constitutional duty imposed upon every citizen. Acts that disturb societal peace undermine the very fabric of constitutional governance, the judge emphasized.“Consumption of alcohol in public places, particularly when it leads to criminal behavior, poses a direct threat to public order and safety. Intoxication often impairs judgment, lowers inhibitions, and can result in verbal or physical altercations, creating a sense of fear or discomfort among the public. Such conduct disturbs peaceful enjoyment of public spaces. Maintaining public order is essential in any civilized society, and it becomes imperative to address behavior arising from intoxication that can injure both social harmony and the rule of law,” it added. .After the convict admitted that he was not aware of fundamental duties of Indian citizens under Article 51-A of the Constitution of India, the Court said,“This admission reflects the issue of constitutional illiteracy and lack of awareness, particularly among the marginalized sections of society, including those who are economically and educationally disadvantaged. Such ignorance poses a serious challenge to the realization of constitutional ideals and effective functioning of a participatory democracy.”.Considering the nature of the offence and the convict’s circumstances, the Court opined that a sentence of imprisonment or fine would not serve the rehabilitative purpose of justice. It thus ordered him to distribute pamphlets to spread public awareness about fundamental duties.“The provision for community service under Section 355 BNS presents a meaningful opportunity to use the sentencing process as a means for public education and mass sensitization about constitutional duties. Accordingly, this Court sentences accused to community service, aimed at promoting awareness about the Fundamental Duties, a subject on which the convict himself lacks knowledge,” it said..Advocate Asmat Zehra represented the accused..[Read Judgment]
