Law4u - Made in India

What Is BNS Section 12?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 12: Limit of solitary confinement

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.

Brefe Detail

BNS Section 12 outlines the limits of solitary confinement during imprisonment. The confinement cannot last more than fourteen days at a time, and the intervals between confinement must be equal to or longer than the confinement periods. If imprisonment exceeds three months, solitary confinement is limited to seven days per month, again with equal or longer intervals between confinements.

Question & Answers

Q1: What is the maximum duration of solitary confinement at a time according to BNS Section 12?

A1: The maximum duration of solitary confinement at a time is fourteen days.

Q2: What must be the duration of intervals between periods of solitary confinement?

A2: The intervals between periods of solitary confinement must not be shorter than the duration of the solitary confinement itself.

Q3: What is the limit on solitary confinement when imprisonment exceeds three months?

A3: When imprisonment exceeds three months, solitary confinement cannot exceed seven days in any one month of the entire imprisonment term.

Q4: Can solitary confinement last continuously for more than fourteen days?

A4: No, solitary confinement cannot last continuously for more than fourteen days.

Q5: Is there any restriction on solitary confinement if imprisonment is less than three months?

A5: The provision does not explicitly mention any additional restrictions when imprisonment is less than three months, but solitary confinement cannot exceed fourteen days at a time.

Example

1. If a person is sentenced to solitary confinement, they can be confined for up to fourteen days. After this period, there must be an interval that is at least fourteen days long before they can be placed in solitary confinement again.

2. If a prisoner is sentenced to six months of imprisonment, the authorities cannot confine them in solitary confinement for more than seven days per month. Each confinement period must be followed by an interval of at least seven days.

Summary

BNS Section 12 imposes strict limits on the duration and frequency of solitary confinement. It ensures that confinement periods do not exceed fourteen days at a time, and intervals between confinements must be of equal or greater length. In cases where imprisonment exceeds three months, solitary confinement is further limited to a maximum of seven days per month, with mandatory intervals between confinement periods.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Bharat R Waghmare

Advocate Bharat R Waghmare

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Sai Maheswara Reddy

Advocate Sai Maheswara Reddy

Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, R.T.I, Wills Trusts, Revenue

Get Advice
Advocate Umesh Gupta

Advocate Umesh Gupta

Child Custody, Domestic Violence, Divorce, Anticipatory Bail, Criminal

Get Advice
Advocate Daljeet Singh Thakur

Advocate Daljeet Singh Thakur

Anticipatory Bail, Cheque Bounce, Civil, Customs & Central Excise, Criminal, Divorce, Child Custody, Consumer Court, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Succession Certificate

Get Advice
Advocate Sourav Roy

Advocate Sourav Roy

Cyber Crime, Criminal, Divorce, Family, Civil, Breach of Contract, Property, Banking & Finance

Get Advice
Advocate Ravi K S

Advocate Ravi K S

Civil, Domestic Violence, Family, Divorce, Property, Revenue

Get Advice
Advocate Rajpreet Kaur

Advocate Rajpreet Kaur

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Property, R.T.I, Recovery, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ishan Mishra

Advocate Ishan Mishra

Cheque Bounce, Civil, Court Marriage, Criminal, Family, Divorce, Property, Revenue, High Court, Anticipatory Bail, Consumer Court, Domestic Violence, Landlord & Tenant

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.