Code
Section 11 – Solitary Confinement
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, namely:—
(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.
Explanation of Section 11 BNS
Solitary confinement refers to isolating a prisoner from all other inmates as a form of additional punishment. This section allows courts to impose solitary confinement only in cases of rigorous imprisonment. However, strict limitations are placed to ensure the punishment is not excessive or inhumane.
Key Points to Understand:
Applies only to rigorous imprisonment (not simple imprisonment).
Maximum duration is 3 months.
Time limits based on total imprisonment:
- Up to 6 months imprisonment → Solitary confinement up to 1 month.
- 6 months to 1 year imprisonment → Solitary confinement up to 2 months.
- More than 1 year imprisonment → Solitary confinement up to 3 months.
Illustration – How Section 11 BNS Works
Example 1: 4 Months Imprisonment
A person is sentenced to 4 months of rigorous imprisonment.
The court may order solitary confinement for up to 1 month.
Example 2: 10 Months Imprisonment
A person is sentenced to 10 months of rigorous imprisonment.
The court may order solitary confinement for up to 2 months.
Example 3: 2 Years Imprisonment
A person is sentenced to 2 years of rigorous imprisonment.
The court may order solitary confinement for up to 3 months.
Common Questions & Answers
1. What is the purpose of solitary confinement?
Solitary confinement is used as an additional disciplinary measure to punish severe offenders by restricting their interaction with other prisoners.
2. Can every prisoner be put in solitary confinement?
No. Solitary confinement only applies to prisoners serving rigorous imprisonment, not those serving simple imprisonment.
3. Why is solitary confinement limited to 3 months?
Prolonged solitary confinement can cause serious mental and physical harm. That’s why Indian law ensures that no prisoner is subjected to excessive isolation.
4. Can the court impose solitary confinement for a longer duration?
No. The maximum solitary confinement allowed under Indian law is 3 months, regardless of the sentence length.
5. Is solitary confinement still used in India?
Yes, but it is rarely imposed because of human rights concerns and the potential for psychological harm.
Conclusion
Section 11 of the Bharatiya Nyaya Sanhita (BNS), 2023, ensures that solitary confinement is used fairly and within strict limits. While it serves as a deterrent against severe crimes, the law also protects prisoners from inhumane treatment by capping the duration at a reasonable period.
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