Section 11 of the Bharatiya Nyaya Sanhita (BNS) grants the Court the power to impose solitary confinement as part of a rigorous imprisonment sentence. However, there are strict limitations on the duration of solitary confinement based on the total term of imprisonment.
Key Provisions:
When Solitary Confinement Can Be Imposed
The Court may order solitary confinement only if the offender is sentenced to rigorous imprisonment.
The confinement must not exceed three months in total.
Limits Based on the Length of Imprisonment
If imprisonment is up to 6 months Solitary confinement cannot exceed 1 month.
If imprisonment is more than 6 months but not more than 1 year Solitary confinement cannot exceed 2 months.
If imprisonment exceeds 1 year Solitary confinement cannot exceed 3 months.
How It Protects:
Restricts excessive solitary confinement, ensuring it is not misused as a cruel punishment.
Ensures fairness by limiting the duration of confinement relative to the prison sentence.
Provides Courts with discretion to impose solitary confinement only in severe cases where necessary.
Example:
If a person is sentenced to 8 months of rigorous imprisonment, they may be placed in solitary confinement for up to 2 months.
If a person is sentenced to 3 years, they cannot be placed in solitary confinement for more than 3 months.
