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BNS, 2023
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BNSChapter IISection 12
Section12

Limit of solitary confinement

AI Assist

Summary

Solitary confinement cannot exceed 14 days at one stretch, and gaps between such periods must be at least as long as the solitary period. If the total imprisonment awarded exceeds three months, solitary in any one month is limited to seven days, with the same requirement for gaps. These limits keep solitary temporary and spaced out.

Example

Aditya is ordered to be kept in solitary for 20 days straight during his sentence. The prison cannot lawfully keep him solitary for more than 14 days at a stretch, so the 20-day plan must be split into shorter periods with breaks at least as long as each solitary period. If Aditya's total imprisonment exceeded three months, solitary would be limited to seven days per month.

Bare Act

Enacted text

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.

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II

Chapter II

Of Punishments

In this chapter

  • 4Punishments
  • 5Commutation of sentence
  • 6Fractions of terms of punishment
  • 7Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
  • 8Amount of fine, liability in default of payment of fine, etc
  • 9Limit of punishment of offence made up of several offences
  • 10Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
  • 11Solitary confinement
  • 12Limit of solitary confinement
  • 13Enhanced punishment for certain offences after previous conviction
Previous · Section 11Solitary confinementNext · Section 13Enhanced punishment for certain offences after previous conviction