Solitary Confinement- Meaning
Solitary confinement is an isolation of the prisoner from other co-prisoners and complete segregation from society. In solitary confinement, the prisoner is secluded from the sight of, and communication with, other prisoners.
The purpose of solitary confinement is to produce a wholesome influence on the prisoner’s mind. Due to loneliness, the offender might realize their guilt and may repent. It is also possible that they may determine not to commit crime henceforth. However, one cannot say definitely what reaction such confinement would produce on the offender’s mind. Solitary confinement has been abolished in several countries, including England, but it is still retained in India.
Legal Provisions for Solitary Confinement
The following sections enable a court to impose the punishment of solitary confinement on the offender:
- Section 11 of BNS (S.73 IPC) – Solitary Confinement
- Section 12 of BNS (S.74 IPC) – Limit of Solitary Confinement
Limits of Solitary Confinement
The sentence of solitary confinement is rarely inflicted. If continued for a long time, it may cause mental derangement of the offender. Sections 11 and 12 of BNS lay down certain limits for this type of confinement.
Before solitary confinement can be ordered, the following conditions must be fulfilled:
- The conviction must be for an offence under BNS (IPC).
- The court must have the power to sentence the offender to rigorous imprisonment.
Specific Limits:
(a) The total number of months of solitary confinement cannot exceed three months in total. [S. 11 BNS]
- This period cannot be undergone all at once.
- It must be served as follows:
- 14 days at a time (with intervals of not less than 14 days).
- 7 days in a month (with intervals of not less than 7 days) if the imprisonment awarded exceeds three months. [S. 12 BNS]
(b) The duration of solitary confinement is further limited based on the term of imprisonment:
- It shall not exceed one month if the term of imprisonment is upto six months.
- It shall not exceed two months if the term is up to one year.
- It shall not exceed three months if the term of imprisonment is more than a year. [S. 11 BNS]
| Term of Imprisonment | Maximum Duration of Solitary Confinement |
| Up to 6 months | 1 month |
| More than 6 months and up to 1 year | 2 months |
| More than 1 year | 3 months |
References
1.B.M Gandhi's Penal Law
2.C.K Takwani's Indian Penal Code
3.K.D Gaur's Textbook on Indian Penal Code
