Section 12 of the Bharatiya Nyaya Sanhita (BNS) sets strict limits on the duration of solitary confinement to prevent its excessive or inhumane application. This section ensures that solitary confinement is imposed in a regulated manner with mandatory breaks.
Key Provisions:
Maximum Duration of Solitary Confinement at a Time
Solitary confinement cannot exceed 14 days continuously.
After each period of solitary confinement, there must be a break of at least 14 days before imposing another period of confinement.
Solitary Confinement in Sentences Exceeding Three Months
If the total imprisonment sentence exceeds three months, then:
Solitary confinement cannot exceed 7 days in any one month.
There must be a break equal to the period of solitary confinement before another period begins.
How It Protects:
Prevents prolonged psychological and physical harm due to excessive solitary confinement.
Ensures that solitary confinement is used only as a disciplinary measure and not as excessive punishment.
Mandates breaks between periods of solitary confinement, preventing inhumane treatment.
Example:
If a prisoner is sentenced to six months of rigorous imprisonment, then:
They cannot be kept in solitary confinement for more than 7 days per month.
If placed in solitary confinement for 7 days, they must be given at least 7 days outside of it before the next period.
