IPC 73→BNS 11

IPC 73 to BNS 11: Solitary confinement

Section 73 IPC (1860) replaced by Section 11 BNS (2023)

View IPC Section 73 →View BNS Section 11 →

IPC 73 to BNS 11 at a Glance

Section 73 IPC (Solitary confinement) is now Section 11 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 73 to BNS 11?

Section 11 BNS keeps the scale and the three month ceiling in the same terms. It refers to this Sanhita in place of this Code, introduces the scale with the word namely in place of that is to say, and sets the three limits out as separate clauses.

IPC 73 vs BNS 11: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section7311
OffenceSolitary confinementSame
PunishmentNone. Section 73 IPC creates no offence.None. Section 11 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 73 and BNS 11: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 73, IPC 1860

73. Solitary confinement.—Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say— a time not exceeding one month if the term of imprisonment shall not exceed six months; a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; a time not exceeding three months if the term of imprisonment shall exceed one year.
BNS 2023 (in force)

Section 11, BNS 2023

Whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely:— (a) a time not exceeding one month if the term of imprisonment shall not exceed six months; (b) a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; (c) a time not exceeding three months if the term of imprisonment shall exceed one year.

Ingredients: IPC 73 vs BNS 11

Under IPC 73
  1. A person is convicted of an offence for which the law empowers the Court to sentence him to rigorous imprisonment
  2. The Court orders in its sentence that the offender be kept in solitary confinement for any portion or portions of the imprisonment
  3. The solitary confinement does not exceed three months in the whole
  4. It stays within the scale: one month for imprisonment not exceeding six months, two months for more than six months and not more than one year, three months for more than one year
Under BNS 11
  1. A person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment
  2. The Court orders in its sentence that the offender be kept in solitary confinement for any portion or portions of the imprisonment
  3. The solitary confinement does not exceed three months in the whole
  4. It stays within the scale: one month for imprisonment not exceeding six months, two months for more than six months and not more than one year, three months for more than one year

What IPC 73 to BNS 11 Means for Pending Cases

For Section 73 IPC (now Section 11 BNS): nothing changes in how much solitary confinement a sentence of rigorous imprisonment can include. Section 11 BNS keeps the three month ceiling and the same scale tied to the length of the imprisonment awarded.

FAQs: IPC 73 to BNS 11

Does the BNS keep the rule in Section 73 IPC?▼

Yes. Section 11 BNS keeps the same scale and the same three month ceiling.

Where does Section 73 IPC sit in the BNS?▼

In Section 11 BNS, headed Solitary confinement.

Does Section 73 IPC or Section 11 BNS apply to an act done before 1 July 2024?▼

Section 73 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 73 IPC. Section 11 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·