Section 11 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 11 of the Bharatiya Nyaya Sanhita (BNS), 2023, which addresses the issue of solitary confinement:
π Section 11 β Solitary Confinement
Provision Summary:
Section 11 of the BNS, 2023, empowers courts to impose solitary confinement as part of a sentence of rigorous imprisonment. However, the total duration of solitary confinement cannot exceed three months, regardless of the length of the imprisonment. The permissible duration is determined based on the term of imprisonment as follows:
Up to 6 months imprisonment: Solitary confinement not exceeding 1 month.
6 months to 1 year imprisonment: Solitary confinement not exceeding 2 months.
Over 1 year imprisonment: Solitary confinement not exceeding 3 months.
This provision ensures that while solitary confinement can be used as a disciplinary measure, its duration is limited to prevent potential human rights concerns.
Comparison with IPC Section 73:
Section 11 of the BNS, 2023, corresponds to Section 73 of the Indian Penal Code (IPC), 1860, which also allows for solitary confinement under similar conditions. The primary difference lies in the language used: the IPC employs the phrase "that is to say," whereas the BNS uses "namely" to specify the conditions. This change in terminology reflects the BNS's approach to modernizing and clarifying legal language.
Illustrative Example:
Scenario: An individual is convicted of a serious offense and sentenced to 18 months of rigorous imprisonment.
Application of Section 11: Given the sentence exceeds one year, the court may order solitary confinement for a maximum of 3 months, as stipulated by the BNS.
Outcome: The offender serves the 18-month sentence with an additional 3 months in solitary confinement, totaling 21 months of imprisonment.
Conclusion:
Section 11 of the BNS, 2023, provides courts with the authority to impose solitary confinement as part of a sentence of rigorous imprisonment, with clear limitations on its duration. This ensures a balance between maintaining discipline within correctional facilities and safeguarding the rights of prisoners.
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