Section 12 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 12 of the Bharatiya Nyaya Sanhita (BNS), 2023, titled "Limit of Solitary Confinement", regulates the duration and frequency of solitary confinement during imprisonment. It aims to balance the need for discipline in correctional facilities with the protection of prisoners' mental and physical well-being.
Text of Section 12:
"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."
Key Provisions:
Maximum Duration: Solitary confinement cannot exceed 14 consecutive days.
Intervals Between Confinements: There must be a break between periods of solitary confinement, with the interval being at least as long as the duration of the confinement itself.(
For Sentences Over Three Months: If the total imprisonment exceeds three months, solitary confinement is limited to 7 days per calendar month, with similar intervals between periods of confinement.(
Purpose:
The section seeks to prevent the potential psychological harm caused by prolonged solitary confinement, ensuring that it is used as a disciplinary measure rather than a punitive one. By limiting the duration and frequency, the law aims to uphold human rights standards within the correctional system.
This provision aligns with international human rights norms, which caution against the excessive use of solitary confinement due to its potential adverse effects on mental health
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