Section 11 of BNS : Solitary Confinement
Section 11 of BNS is part of CHAPTER 2 PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act. It addresses the provisions related to solitary confinement for offenders convicted of offences punishable by rigorous imprisonment. This section states that the court can send the offender to solitary confinement as part of the sentence, and that such confinement will be only for half the duration of the imprisonment sentence. The BNS aims at this to balance the disciplinary aspects in correctional facilities, considering the rights and humane treatment of prisoners. The guidelines offered by this section, indeed, reflect a rather pragmatic approach to punishment since such punishment is recognised with an actual potential impact in using solitary confinement while not granting judicial authority in the sentence passed.
Definition of BNS Section 11
Whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely:—
- A time not exceeding one month if the term of imprisonment shall not exceed six months;
- A time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;
- A time not exceeding three months if the term of imprisonment shall exceed one year
Explanation and Illustration of Section 11 (Bharatiya Nyaya Sanhita, 2023)
This section outlines the conditions under which solitary confinement may be awarded to sentenced offenders in case of punishment of rigorous imprisonment. Here, it introduces a regime for the application of solitary confinement that makes its applicability both justifiable as well as restrictive.
Conditions for Single Cell Confinement
Thus, solitary confinement is not a sentence in itself but an additional measure that the court can invoke under certain circumstances. Duration Limits:
Section states maximum duration limits on solitary confinement according to the total
length of imprisonment.
This structured approach will ensure the use of solitary confinement is judicious with clear boundaries to safeguard the rights of the offenders while maintaining order and discipline.
Illustrations
Let us take an example of an offender who has been awarded rigorous imprisonment for nine months due to a serious crime. Section 11 says that the court can award solitary confinement for a maximum period of two months if the total period exceeds six months but is less than one year. In this case, the offender can be awarded solitary confinement for two months along with the total nine-month sentence.
But if another convict receives the punishment of three years rigorous imprisonment, the court would award a maximum term of three months in solitary confinement. Then, the sentence, still within the BNS constraints, shows a more serious infliction.
This means, while maintaining the rigidity required by the correctional system, it allows a prisoner to be dealt with as a human and also to ensure that the principle of solitary confinement was to be used judiciously and proportionately.
Key Points of BNS 11
BNS-11 of Bharatiya Nyaya Sanhita, 2023 governs solitary confinement in rigorous imprisonment
Differences Between Section 11 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 11 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 11 | Solitary confinement | 73 | Word ‘that is to say’ is replaced with ‘namely’. |
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FAQs about Section 11 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS 11?
BNS Section 11 addresses the use of solitary confinement as a punitive measure
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 11 of the BNS?
Section 11 of the BNS is part of Chapter II, which focuses on punishments in the Bharatiya Nyaya Sanhita 2023 Act
What are the conditions for solitary confinement under BNS 11?
BNS 11 outlines specific circumstances and criteria for imposing solitary confinement as a punishment
How does BNS 11 relate to other forms of punishment?
BNS 11 distinguishes solitary confinement from other forms of punishment, emphasising its severity and specific application
What is the maximum duration for solitary confinement as per BNS 11?
BNS 11 specifies the maximum duration of solitary confinement, ensuring it aligns with legal and human rights standards.
Under what circumstances can solitary confinement be applied according to Section 11 of BNS?
According to Section 11 of the BNS, solitary confinement may be used in exceptional cases, such as when an individual poses a serious threat to others or the order of the institution.
How does Section 11 of the BNS regulate the duration of solitary confinement?
Section 11 of the BNS places limits on the duration of solitary confinement to prevent inhumane treatment.
