Section 11, Solitary confinement, The Bharitya Nyaya Sanhita, 2023 (BNS)

Section 11. Solitary confinement.

—Whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely: —

(a) a time not exceeding one month if the term of imprisonment shall not exceed six months;

(b) a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;

(c) a time not exceeding three months if the term of imprisonment shall exceed one year.

Comments

Section 11 of the Bharitya Nyaya Sanhita, 2023, (BNS) regulates the use of solitary confinement as part of punishment for offences where rigorous imprisonment is prescribed.

1. Key Provision:
   Courts can order solitary confinement for a portion of the imprisonment, but it cannot exceed three months in total. The duration depends on the length of the imprisonment term:
   • (a): If imprisonment is up to 6 months, solitary confinement can be for a maximum of 1 month.
   • (b): If imprisonment exceeds 6 months but is within 1 year, solitary confinement can be up to 2 months.
   • (c): If imprisonment exceeds 1 year, solitary confinement can be up to 3 months.
2. Objective:
   The provision allows for limited and proportionate solitary confinement to ensure the punishment aligns with the severity of the offence, while preventing excessive isolation.

Section 11 of the BNS, 2023 balances punishment with humane treatment by setting strict limits on solitary confinement duration based on the imprisonment term.

Corresponding Section

Section 11 of the BNS, 2023 corresponds with Section 73 of the IPC, 1860.