Solitary Confinement under the Bharatiya Nyaya Sanhita, 2023
Section 11: Solitary Confinement Under Bharatiya Nyaya Sanhita (BNS), 2023 is a comprehensive law in India that consolidates and amends various penal provisions. One of the provisions within this law pertains to solitary confinement.
What is Solitary Confinement Under BNS 2023?
Solitary confinement is a type of imprisonment where a person is kept isolated from other prisoners. This isolation can be physical, social, or both. It’s often used as a form of punishment or to protect the prisoner from harm.
Solitary Confinement Provisions in the BNS, 2023
The BNS, 2023 outlines specific rules regarding solitary confinement:
Section 11 of BNS: Solitary Confinement
- Purpose: This section allows courts to order solitary confinement as part of a sentence for offenses punishable with rigorous imprisonment.
- Duration: The maximum duration of solitary confinement depends on the length of the overall imprisonment:
- Up to 6 months: Maximum 1 month
- 6 months to 1 year: Maximum 2 months
- Over 1 year: Maximum 3 months
Application:
- Offenses: Solitary confinement can be imposed on individuals convicted of offenses that warrant rigorous imprisonment.
- Court’s Discretion: The court has the power to decide whether to order solitary confinement and for how long.
Section 12 of BNS: Limit of Solitary Confinement
- Duration: Solitary confinement cannot exceed 14 days at a time.
- Intervals: There must be intervals between periods of solitary confinement that are at least as long as the periods of confinement.
- Longer Sentences: For sentences exceeding 3 months, solitary confinement cannot exceed 7 days in any one month.
Purpose of Solitary Confinement Under BNS 2023
- Punishment: It can be used as a form of punishment for serious offenses.
- Protection: It can be employed to protect the prisoner from harm or to prevent them from influencing other inmates.
Concerns and Criticisms
- Human Rights: Solitary confinement has been criticized for its potential to cause psychological harm, especially when prolonged.
- International Standards: Some argue that it may violate international human rights standards, particularly those related to the prohibition of cruel, inhuman, or degrading treatment.