IPC 74→BNS 12

IPC 74 to BNS 12: Limit of solitary confinement

Section 74 IPC (1860) replaced by Section 12 BNS (2023)

View IPC Section 74 →View BNS Section 12 →

IPC 74 to BNS 12 at a Glance

Section 74 IPC (Limit of solitary confinement) is now Section 12 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 74 to BNS 12?

Section 12 BNS keeps both limits in the same words.

IPC 74 vs BNS 12: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section7412
OffenceLimit of solitary confinementSame
PunishmentNone. Section 74 IPC creates no offence.None. Section 12 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 74 and BNS 12: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 74, IPC 1860

74. 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.
BNS 2023 (in force)

Section 12, BNS 2023

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.

Ingredients: IPC 74 vs BNS 12

Under IPC 74
  1. A sentence of solitary confinement is being executed
  2. The confinement does not exceed fourteen days at a time
  3. The intervals between the periods of solitary confinement are not of less duration than the periods
  4. Where the imprisonment awarded exceeds three months, the confinement does not exceed seven days in any one month of the whole imprisonment
Under BNS 12
  1. A sentence of solitary confinement is being executed
  2. The confinement does not exceed fourteen days at a time
  3. The intervals between the periods of solitary confinement are not of less duration than the periods
  4. Where the imprisonment awarded exceeds three months, the confinement does not exceed seven days in any one month of the whole imprisonment

What IPC 74 to BNS 12 Means for Pending Cases

For Section 74 IPC (now Section 12 BNS): nothing changes in how solitary confinement is limited. Section 12 BNS keeps the fourteen day spell, the interval at least as long as the spell, and the seven day monthly limit for imprisonment above three months.

FAQs: IPC 74 to BNS 12

Does the BNS keep the rule in Section 74 IPC?▼

Yes. Section 12 BNS says the same in the same words.

Where does Section 74 IPC sit in the BNS?▼

In Section 12 BNS, which has the same heading, Limit of solitary confinement.

Does Section 74 IPC or Section 12 BNS apply to an act done before 1 July 2024?▼

Section 74 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 74 IPC. Section 12 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 ·