Code
Section 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.
Explanation of Section 12 BNS
Solitary confinement is a form of punishment where a prisoner is kept in isolation. While it can be used for serious offenses, the law imposes strict limits to prevent excessive mental and physical harm.
Key Rules of Section 12 BNS:
✔️ A prisoner cannot be kept in solitary confinement for more than 14 consecutive days.
✔️ There must be a mandatory break of at least the same duration before the next confinement.
✔️ If the sentence is longer than 3 months, solitary confinement cannot exceed 7 days per month.
These restrictions ensure that solitary confinement is not misused while maintaining order in prisons.
Illustrations (Examples)
Example 1: Solitary Confinement for a 2-Month Sentence
A prisoner is sentenced to 2 months of rigorous imprisonment with solitary confinement.
✅ The maximum solitary confinement allowed is 14 days at a time.
✅ The prisoner must get a 14-day break before another confinement period.
Example 2: Solitary Confinement for a 6-Month Sentence
A prisoner is sentenced to 6 months of rigorous imprisonment with solitary confinement.
✅ Since the sentence is more than 3 months, the maximum solitary confinement per month is 7 days.
✅ The prisoner must get an equal break after each solitary confinement period.
Common Questions & Answers on Section 12 BNS
1. Why does the law limit solitary confinement?
Solitary confinement can cause psychological and physical harm. To protect prisoners’ rights, the law restricts its duration and ensures mandatory breaks.
2. Can a prisoner be kept in solitary confinement continuously?
No. The law mandates breaks between solitary confinement periods.
3. Who can be sentenced to solitary confinement?
Only prisoners serving rigorous imprisonment can be placed in solitary confinement.
4. What happens if a prisoner is kept in solitary confinement for too long?
If solitary confinement exceeds the legal limit, it is illegal. The prisoner can challenge it in court.
5. How does Section 12 BNS protect prisoners?
Section 12 ensures:
- Solitary confinement is not longer than 14 days at a time.
- Mandatory breaks are provided.
- No more than 7 days of solitary confinement per month for sentences over 3 months.
Conclusion – Importance of Section 12 BNS
Section 12 of the Bharatiya Nyaya Sanhita (BNS), 2023, prevents excessive solitary confinement and ensures prisoners are treated humanely. While solitary confinement is allowed, it must follow legal limits to avoid abuse.
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