Section 12 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 12 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Limit of Solitary Confinement
Section 12 of the Bharatiya Nyaya Sanhita (BNS), 2023, establishes specific guidelines regarding the duration and frequency of solitary confinement sentences. These provisions aim to ensure that solitary confinement is applied in a manner that respects the rights and well-being of prisoners, aligning with international human rights standards.
📜 Text of Section 12
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.
🧭 Key Provisions Explained
Maximum Duration per Confinement: Solitary confinement cannot exceed 14 consecutive days.
Mandatory Intervals: After each period of solitary confinement, there must be an interval of at least the same duration before another solitary confinement can be imposed.
Monthly Limit for Long-Term Sentences: For sentences exceeding three months, solitary confinement is limited to a maximum of 7 days per calendar month.(
Enforced Intervals for Extended Sentences: Even within the monthly limit, intervals between periods of solitary confinement must be at least as long as the confinement periods themselves.(
⚖️ Purpose and Significance
Human Rights Compliance: These restrictions are designed to prevent the psychological and physical harm that prolonged solitary confinement can cause, aligning with international human rights standards.
Balanced Punishment: While solitary confinement can serve as a disciplinary measure, these limits ensure it is not used excessively, promoting rehabilitation over punitive isolation.
Legal Safeguards: The provisions provide clear guidelines for judicial and correctional authorities, ensuring transparency and accountability in the application of solitary confinement.
🔄 Comparison with Indian Penal Code (IPC)
Section 12 of the BNS, 2023, corresponds to Section 74 of the Indian Penal Code, 1860, which also limits the duration and frequency of solitary confinement. The BNS, 2023, however, provides more detailed and structured guidelines, reflecting contemporary standards in criminal justice.
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