Section 11 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 11 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with solitary confinement as a form of punishment. It grants courts the authority to impose solitary confinement on individuals convicted of offences punishable with rigorous imprisonment, subject to certain limitations
📜 Section 11: Solitary Confinement
Provision:
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:(
(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.
⚖️ Comparison with Indian Penal Code (IPC)
Section 11 of the BNS, 2023, corresponds to Section 73 of the Indian Penal Code (IPC), 1860, which also addresses solitary confinement as a punishment. The provisions in both codes are largely similar, maintaining the same limits on the duration of solitary confinement based on the length of the imprisonment term.
🧠 Purpose and Judicial Discretion
The provision allows courts to impose solitary confinement as a punitive measure, aiming to serve as a deterrent and to maintain discipline within correctional facilities. However, the duration is capped to prevent potential human rights violations associated with prolonged isolation. Judicial discretion is exercised to ensure that solitary confinement is applied judiciously and proportionately, considering the nature of the offence and the circumstances of the offender.
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