Section 12 of BNS: Limit of Solitary Confinement
Section 12 of BNS is part of CHAPTER 2 PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act. It establishes crucial guidelines regarding the limits on solitary confinement during the execution of a sentence. Chapter further restricts the time span to solitary confinement. It restricts such that it is not more than fourteen days continuously, and equal periods must have intervened between two successive confinements. Besides, in respect of sentences exceeding three months, solitary confinement is still more restricted to seven days at any time during any calendar month. In this respect, BNS manages both disciplines and rehabilitation in the prison setup.
Definition of BNS 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.
Explanation and Illustration of Section 12 (Bharatiya Nyaya Sanhita, 2023)
Section 12 of the Bharatiya Nyaya Sanhita (BNS) 2024 deals with limitations for solitary confinement in terms of time and frequency. It is intended to ensure that there is a judicious application of solitary confinement without damaging the emotional or mental well-being of an inmate but may be used for purposes of disciplinary control when necessary. Here is a detailed explanation for the same:
- Maximum Duration:The period of solitary confinement should not exceed fourteen days continuously. This is because extended periods of isolation tend to psychologically harm the prisoner.
- Forced Intermissions:There should be alternations between periods of isolation that are at least equal to or longer than the periods of confinement themselves. This principle prevents a situation where prisoners are continually placed in isolation without interruptions to give them some breathing room to socialise in the smallest way possible.
- Prolonged Detention Conditions: For sentences over three months, solitary confinement is also restricted to not more than seven days in any one month. This is to avoid the total impact of long isolation periods over the entire term of imprisonment.
- Example:
A convict is given a one-year sentence of rigorous imprisonment, which may comprise a period of solitary confinement. Section 12 says:
- This could be confinement in a place of solitude for as long as seven days within a calendar month of a term of imprisonment of twelve months
- An offender must receive at least a day break after confinement in a place of solitude for seven days in January before it may again be imposed
- If the court will again impose solitary confinement in February, then it may be seven more days but with an equal or longer interval period between to comply with the said rules
- This structured system in Section 12 will not only help in achieving accountability and discipline within correctional facilities but also would focus on human treatment for offenders with a balanced approach towards punishing and rehabilitating.
Key Points of BNS 12
BNS-12 sets rules for solitary confinement execution:
Differences Between Section 12 of BNS 2023 and Its Equivalent IPC Section
This section outlines the key differences between Section 12 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 |
|---|---|---|---|
| 12 | Limit of solitary confinement | 74 | No Change |
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FAQs about Section 12 of the Bharatiya Nyaya Sanhita (BNS)
What offense is explained in BNS 12 ?
Section BNS provides Limits of solitary confinement.
Section 12 of BNS is Part of which chapter in Bharatiya Nyaya Sanhita 2023 ?
Section 12 of BNS is part of CHAPTER II OF PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act
What does Section 12 of the BNS deal with?
Section 12 of the BNS regulates detention during trial, allowing for the detention of accused individuals when necessary for public safety or to ensure the trial process is not disrupted.
Does Section 12 allow for bail?
Yes, Section 12 permits bail during trial if the accused meets legal criteria and the risk of absconding or harm is minimal.
Can an accused be detained indefinitely under Section 12 of the BNS?
No, Section 12 ensures that detention is not indefinite. It mandates regular reviews to prevent prolonged incarceration and protect the rights of the accused.
Does Section 12 apply to all types of criminal cases?
Yes, Section 12 applies to all criminal cases where detention during trial is deemed necessary, but it must be justified based on the specific circumstances of the case.
