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What is the maximum duration for which an offender may be kept in solitary confinement?
Question

What is the maximum duration for which an offender may be kept in solitary confinement?

A.

Six months

B.

One year

C.

Three months

D.

Nine months

Correct option is C

The correct option is (c) Three months.

Explanation:

According to Section 11 of the Bharatiya Nyaya Sanhita (BNS), 2023 (which corresponds to Section 73 of the old Indian Penal Code), the court has the power to order an offender to be kept in solitary confinement if they have been convicted of an offence punishable by rigorous imprisonment.

The law sets a strict upper limit to prevent psychological harm to the prisoner. Regardless of the total length of the sentence, the total period of solitary confinement shall not exceed three months in the whole.

Information Booster:

The duration of solitary confinement is determined by a specific scale based on the total term of the imprisonment awarded:

  • 1 Month Maximum: If the total term of imprisonment does not exceed six months.
  • 2 Months Maximum: If the term of imprisonment exceeds six months but does not exceed one year.
  • 3 Months Maximum: If the term of imprisonment exceeds one year.

Additional Knowledge:

Beyond the maximum duration, the law also regulates how the punishment is executed to ensure it is not inhuman. As per Section 12 of the BNS, 2023:

Constraint

Limit Specified

Continuous Duration

It shall in no case exceed 14 days at a time.

Interval Requirement

There must be an interval (break) between periods of solitary confinement of not less duration than the period of confinement itself.

Sentences > 3 Months

If the total imprisonment exceeds three months, solitary confinement cannot exceed 7 days in any one month.

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