Section 11: Solitary confinement

Bharatiya Nyaya Sanhita • Chapter II: Of Punishments • Official Statutory Text & Legal Guide

Chapter II: Of Punishments
Trial Court
Non-Applicable
Non-Applicable
Formerly Sec 71 IPC

Legal Commentary & Landmark Judgments: Section 11

Section 11 regulates solitary confinement, authorizing the Court in sentences of rigorous imprisonment to order that the offender be kept in solitary confinement for periods not exceeding three months in the whole, subject to strict statutory ceilings.

  • Rigorous Imprisonment Prerequisite: Solitary confinement can be awarded ONLY where the substantive sentence is rigorous imprisonment.
  • Strict Graduated Ceilings: Maximum limits: up to 1 month if term does not exceed 6 months; up to 2 months if term exceeds 6 months and is within 1 year; up to 3 months if term exceeds 1 year.
  • Human Rights Safeguards: Constrained by constitutional guarantees against psychological torture under Article 21.
Key Landmark Precedents:
  • Sunil Batra v. Delhi Administration (1978) 4 SCC 494: A Constitution Bench held that solitary confinement is an exceptional penal measure and cannot be imposed by prison authorities without judicial sanction; Section 73 IPC (Section 11 BNS) must be read in conformity with constitutional human dignity.
  • Kishore Singh Ravinder Dev v. State of Rajasthan (1981) 1 SCC 503: Condemned the routine keeping of prisoners in solitary cells as cruel, inhuman, and degrading punishment violative of Article 21.
Courtroom Practice & Strategic Litigation Guidance:

If a trial court imposes solitary confinement in a routine criminal conviction, challenge that direction in appeal immediately: cite Sunil Batra and Section 11 BNS to demonstrate that solitary confinement requires extreme depravity and must be quashed.