Section 12, Limit of solitary confinement, The Bharitya Nyaya Sanhita, 2023 (BNS)

Section 12. Limit of solitary confinement.

—In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

Comments

Section 12 of the Bharitya Nyaya Sanhita, 2023, sets strict limits on the execution of solitary confinement, ensuring it is applied in a controlled and humane manner.

1. Duration of Solitary Confinement:
   • Solitary confinement cannot exceed 14 days at a time.
   • There must be a break between periods of solitary confinement, and the duration of the break must be at least as long as the solitary confinement period itself.
2. For Longer Sentences:
   • If imprisonment exceeds three months, solitary confinement is further limited to 7 days in a single month.
   • Similar to the shorter durations, there must be a break of equal length between periods of solitary confinement.
3. Objective:
   The section ensures that solitary confinement is neither excessive nor continuous, reducing the risk of mental and physical harm to the prisoner.

Section 12 of BNS, 2023 prioritizes regulated and humane application of solitary confinement, maintaining a balance between punishment and the well-being of the offender.

Corresponding Section

Section 12 of the BNS, 2023 corresponds with section 74 of the IPC, 1860