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.
Key Points of BNS-12
BNS-12 of the Bharatiya Nyaya Sanhita, 2023 provides specific rules for the execution of solitary confinement as part of a sentence. It sets limits on the duration and frequency of solitary confinement to ensure it is applied fairly and humanely.
1. Duration of Solitary Confinement:
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Maximum Continuous Period: Solitary confinement cannot exceed fourteen days at a time. This means that any single stretch of solitary confinement must be no longer than fourteen consecutive days.
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Intervals: There must be an interval between periods of solitary confinement that is at least as long as the confinement period itself. For instance, if solitary confinement is imposed for fourteen days, the subsequent interval must also be fourteen days or longer.
2. Frequency of Solitary Confinement:
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Imprisonment Exceeding Three Months: For sentences of imprisonment longer than three months, solitary confinement cannot exceed seven days in any given month. This means that in any month during which the offender is serving their sentence, solitary confinement can be imposed for a maximum of seven days.
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Intervals Between Periods: As with continuous periods, there must be an interval between different periods of solitary confinement that is at least as long as the confinement period.
3. Purpose and Application:
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Humane Treatment: These regulations are designed to ensure that solitary confinement is not applied in a manner that could be excessively punitive or harmful. The limits on duration and frequency aim to mitigate the negative psychological effects of prolonged isolation.
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Regulated Use: By establishing clear limits, the Sanhita seeks to balance the need for disciplinary measures with the rights and well-being of the prisoner.
Practical Implications:
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Preventing Excessive Isolation:
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The rules help prevent the misuse of solitary confinement by ensuring it is not used excessively or continuously, which could lead to severe psychological distress.
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Structured Application:
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The structured approach to solitary confinement, with defined maximum durations and required intervals, ensures consistency and fairness in its application.
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Legal Safeguards:
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These provisions offer legal safeguards to protect prisoners from undue hardship and ensure that solitary confinement is used appropriately within the bounds of human rights.
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Example:
If an offender is sentenced to rigorous imprisonment for six months, solitary confinement can be imposed for up to seven days in any month of that sentence. For example, solitary confinement might be imposed for seven days in the first month, with the remainder of the month serving as an interval before any further solitary confinement can be imposed. In any subsequent month, the same rules would apply, ensuring that solitary confinement does not exceed seven days in any given month.
Conclusion:
BNS-12 provides important regulations for the implementation of solitary confinement, ensuring that it is applied in a controlled and humane manner. The limits on the duration and frequency of solitary confinement are designed to prevent excessive use and to protect the rights and well-being of prisoners.
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