BNS Section 11 - Solitary Confinement

The provisions concerning solitary confinement as a method of punishment are included in Section 11 of BNS i.e. Bharatiya Nyaya Sanhita. It empowers the court to inflict solitary confinement, under the rigorous imprisonment term, yet puts strict limits on its duration. Essentially, it creates an overall scheme wherein solitary confinement can be applied judiciously. This is to say, not excessively severe or inhumane. Further, on the same lines, Section 11 is the BNS equivalent of IPC Section 73.

Legal Provision

Section 11 of the BNS ‘Solitary Confinement’ states:

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:

1. a time not exceeding one month if the term of imprisonment shall not exceed six months;
2. a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;
3. a time not exceeding three months if the term of imprisonment shall exceed one year.

Simplified Explanation

The 11th Section of BNS endows a court with the power of solitary confinement of convicted individuals for crimes where a rigorous imprisonment sentence has been imposed. Rigorous imprisonment is a kind involving hard labor; solitary confinement, on the other hand, indicates clear isolation of the prisoner from any other human agent for a definite time period. It is on a discretionary basis that solitary confinement may be ordered by the court into how long an individual may serve such a sentence.

Thus, that section provides for strict duration limits, on the other hand, concerning the length of the entire sentence of rigorous imprisonment given to the convict. For instance, solitary confinement if the rigorous imprisonment is up to six months would be limited to not more than one month.

Imprisonment of between six months and one year would allow solitary confinement for not more than two months; if it is more than one year, solitary confinement should be given for not exceeding three months. In addition to this, the court has the discretion to fix a portion or partial execution of the total punishment by solitary confinement concerning the total part of such confinement.

Key Details

Practical Examples

• A person receives a term of rigorous imprisonment for 10 months. Thus, the court shall order solitary confinement for a maximum term of 2 months.
• A person follows with a sentence of 3 years of rigorous imprisonment. The court may order this solitary confinement for a maximum term of 3 months only. The court may also decide that this term shall be served in small divisions, totaling 3 months altogether.

Key Improvements And Changes: IPC Section 73 to BNS Section 11

BNS Section 11 is equivalent to IPC Section 73. The only major change here is ultimately subsuming this provision into the new BNS, which is part of the overall effort toward modernization and consolidation of the Indian penal code. Otherwise, the language is way too similar. The idea behind governing and limiting solitary confinement would remain unchanged.

Conclusion

Section 11 of BNS is a very important safeguard from the misuse of solitary confinement. The set time limits within which such measures are to be taken ensure that punishment is applied only when necessary and never for excessive periods. This reflects the legal commitment to ensuring that punishment is qualified by principles of humanity and fairness.

FAQs

A few FAQs are:

Q1. Why was IPC Section 73 revised and replaced with BNS Section 11?

The revision is part of the ongoing effort to modernize and consolidate the Indian penal code, using updated language and structure.

Q2. What are the main differences between IPC Section 73 and BNS Section 11?

There are minimal differences. The core principles and duration limits remain the same. The primary difference is the integration into the new BNS.

Q3. Is BNS Section 11 a bailable or non-bailable offence?

BNS Section 11 does not define an offence itself. It is a provision that regulates the imposition of solitary confinement. The bailable or non-bailable nature of the underlying offence determines the bail conditions.

Q4. What is the punishment for offence under BNS Section 11?

BNS Section 11 does not prescribe a punishment. It regulates the use of solitary confinement as part of a rigorous imprisonment sentence. The punishment for the underlying offence is determined by other sections of the BNS.

Q5. What is the fine imposed under BNS Section 11?

BNS Section 11 does not impose a fine. Fines are determined by the specific offence for which the person is convicted.

Q6. Is the offence under BNS Section 11 cognizable or non-cognizable?

BNS Section 11 does not define an offence. The cognizable or non-cognizable nature of the offence depends on the specific crime for which the person is convicted.

Q7. What is the BNS Section 11 equivalent of IPC Section 73?

BNS Section 11 is the equivalent of IPC Section 73.