BNS Section 12 - Limit Of Solitary Confinement

BNS Section 12 is based upon the Bharatiya Nyaya Sanhita and deals with the strict regulation of the duration and intervals of solitary confinement in punishments prescribed by the courts. This section is very important to avoid the inhumane and excessive use of solitary confinement, leaving it within reasonable limits. It lays down the structure for the execution of solitary confinement to protect the rights and welfare of prisoners. BNS Section 12 is equivalent to the IPC Section 74.

Legal Provision

Section 12 of the IPC 'Limit Of Solitary Confinement' states:

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.

Simplified Explanation

BNS Section 12 sets clear rules to limit the length and frequency of solitary confinement.

• The solitary confinement does not go beyond more than 14 consecutive days.
• The interval between the periods of solitary confinement must be equal to or at least greater than the solitary confinement itself. For example, after a 7-day solitary confinement period, the prisoner must be free for 7 days.
• Confinement must not exceed seven days within each month whenever imprisonment in total amounts to more than three months. Thus, those dates should not be shorter than the period of solitary confinement.

Key Details

Practical Examples

• A person is sentenced to one year of rigorous imprisonment with solitary confinement. The court cannot order more than seven days of solitary confinement in any given month.
• A person is sentenced to six months of rigorous imprisonment with solitary confinement. The court orders 14 days of solitary. The person must then be out of solitary for at least 14 days before another period of solitary confinement can be ordered.

Key Improvements and Changes: IPC Section 74 to BNS Section 12

The BNS section 12 closely reflects the provisions of IPC Section 74. Most of the change is the transposing of this provision to the new Bharatiya Nyaya Sanhita. The phraseology remains almost the same, and the interpretation is also similar. The intent of this section to restrict the number of solitary confinement has also been retained.

Conclusion

BNS Section 12 is critical against the abuse of prolonged solitary confinement on prisoners. It subjects the duration of solitary confinement to rigors of time limits and intervals, ensuring that solitary confinement is applied punishment, in a judicious manner, and humanely. This section demonstrates the commitment of the legal system to balancing punitive measures against human rights and human dignity.

FAQs

A few FAQs are:

Q1. Why was IPC Section 74 revised and replaced with BNS Section 12?

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

Q2. What are the main differences between IPC Section 74 and BNS Section 12?

There are no substantive differences. The core principles and duration limits remain the same. The change is in the inclusion of the BNS.

Q3. Is BNS Section 12 a bailable or non-bailable offence?

BNS Section 12 does not define an offence itself. It regulates the imposition of solitary confinement. The bailable or non-bailable nature of the underlying offence determines bail conditions.

Q4. What is the punishment for offence under BNS Section 12?

BNS Section 12 does not prescribe a punishment. It regulates the execution of a sentence that includes solitary confinement.  

Q5. What is the fine imposed under BNS Section 12?

BNS Section 12 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 12 cognizable or non-cognizable?

BNS Section 12 does not define an offence. The cognizable or non-cognizable nature of the offence depends on the specific crime.

Q7. What is the BNS Section 12 equivalent of IPC Section 74?

BNS Section 12 is the equivalent of IPC Section 74.