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Introduction of BNS Section 12

BNS section 12 of the Bharatiya Nyaya Sanhita (BNS) focuses on restricting how long a person can be kept in solitary confinement during their imprisonment. The law sets clear rules to ensure that solitary confinement is not used excessively, protecting the mental and physical well-being of the prisoner.

The Bharatiya Nyaya Sanhita (BNS) Section 12 replaces the old Indian Penal Code (IPC) Section 74.



What is section 12 of BNS ?

BNS section 12 on the limit of solitary confinement ensures that solitary confinement cannot be imposed for too long at one time. It establishes specific limits on the duration and frequency of solitary confinement, particularly when the overall imprisonment term is long. These rules help to prevent inhumane treatment and ensure fair punishment.

Overview of the rules limiting the duration of solitary confinement under BNS.
BNS Section 12 sets clear limits on the duration and frequency of solitary confinemen

BNS Section 12 in Simple Points

  1. 14-Day Maximum at a Time:
    • Solitary confinement can last no more than 14 days at one time. This means that after 14 days, the prisoner must be allowed a break from isolation.
  2. Mandatory Breaks:
    • After each period of solitary confinement, the prisoner must have a break that lasts at least as long as the solitary confinement. For example, if they were in solitary confinement for 14 days, they must be given at least 14 days out of solitary confinement before it can be used again.
  3. Limit for Longer Sentences:
    • If a prisoner’s total sentence is more than three months, solitary confinement is limited to a maximum of 7 days in any given month. This prevents prolonged isolation over a long sentence.
  4. Equal Time for Breaks:
    • Just as with shorter periods, the law requires that for these 7-day confinements, there must be a break afterward that is at least 7 days long before solitary confinement can be used again.
  5. Purpose and Protection:
    • These rules are designed to protect prisoners from the negative effects of long-term isolation. The law ensures that solitary confinement is used fairly and humanely, preventing any form of misuse or abuse.

Section 12 BNS Overview

BNS Section 12 limits how long someone can be kept in solitary confinement. It sets rules on the maximum time and how often solitary confinement can be used, especially for long prison terms. This helps to prevent unfair and harsh treatment.

Maximum Duration at a Time:

  • Solitary confinement cannot last more than 14 days at a time.

Required Breaks:

  • After each period of solitary confinement, there must be a break that is at least as long as the confinement period itself.

Longer Imprisonment:

  • If the total imprisonment exceeds three months, solitary confinement is further limited.

Monthly Limit:

  • In cases where the imprisonment is more than three months, solitary confinement cannot be more than 7 days in any given month.

Equal Intervals:

  • Just like with shorter confinement, the intervals between these 7-day periods must be at least as long as the confinement itself.

Purpose of Limits:

  • These rules are in place to prevent excessive or continuous solitary confinement, ensuring the prisoner’s well-being.

Legal Enforcement:

  • Courts must follow these guidelines strictly when ordering solitary confinement as part of a sentence.

Humanitarian Consideration:

  • The limits are designed to balance the need for punishment with humanitarian concerns, avoiding long-term isolation.

Consistency in Application:

  • The rules ensure that solitary confinement is applied consistently across different cases, without arbitrary variations.

Protection Against Misuse:

  • By setting these limits, the law protects prisoners from potentially harmful overuse of solitary confinement.

BNS Section 12 FAQs

What is solitary confinement?

Solitary confinement is when a prisoner is isolated from all other inmates, kept alone in a cell for a certain period as part of their punishment.

Are there required breaks between periods of solitary confinement?

How is solitary confinement limited for longer prison sentences?


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