Section 11 BNS: Solitary confinement
Bharatiya Nyaya Sanhita, 2023
Section 11 BNS at a Glance
Section 11 BNS deals with solitary confinement. It replaced Section 73 IPC on 1 July 2024.
None. Section 11 BNS creates no offence.
Section 11 BNS Bare Act Text
11. Solitary confinement
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.
Source: Section 11, Bharatiya Nyaya Sanhita, 2023
Section 11 BNS in Simple Words
Section 11 of the Bharatiya Nyaya Sanhita (BNS) deals with solitary confinement. It does not create a separate offence. Instead, it tells the court when and for how long solitary confinement may be ordered as part of a sentence of imprisonment.
The court may order solitary confinement only when a person is convicted of an offence for which the court has power under the Sanhita to sentence him to rigorous imprisonment. Even then, solitary confinement cannot exceed three months in the whole, and must follow the statutory scale: up to one month if the term of imprisonment does not exceed six months, up to two months if the term exceeds six months and does not exceed one year, and up to three months if the term exceeds one year.
This provision matters because it restricts how much solitary confinement a sentencing court can impose. Defence lawyers can challenge any order that applies solitary confinement to an offence without rigorous imprisonment or that exceeds the statutory scale.
Ingredients of Section 11 BNS
- A person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment
- The Court orders in its sentence that the offender be kept in solitary confinement for any portion or portions of the imprisonment
- The solitary confinement does not exceed three months in the whole
- 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
Punishment Under Section 11 BNS
None. Section 11 BNS creates no offence.
None.
Section 11 BNS is a power to order solitary confinement within a scale. It has no entry in the First Schedule to the BNSS.
Example of Section 11 BNS
When Section 11 BNS Does Not Apply
- The offence is one for which the law does not empower the Court to sentence the offender to rigorous imprisonment
- The solitary confinement would exceed the scale for the term of imprisonment awarded
Section 11 BNS in the IPC (Previous Law)
Section 11 BNS replaces Section 73 IPC from the old criminal code.
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.
View IPC Section 73 →FAQs on Section 11 BNS
Does Section 11 BNS create a separate criminal offence?▼
No. Section 11 BNS is a sentencing provision, not an offence section. It sets out when and for how long a Court may order solitary confinement as part of a sentence of imprisonment.
Can a judge order solitary confinement for any offence under Section 11 BNS?▼
No. Under Section 11 BNS, the Court may order solitary confinement only when a person is convicted of an offence for which under the Bharatiya Nyaya Sanhita the Court has power to sentence him to rigorous imprisonment. Even then, the Court must stay within the three-month overall ceiling and the statutory scale fixed by the section.
What is the maximum scale of solitary confinement under Section 11 BNS?▼
Section 11 BNS caps solitary confinement at three months in the whole. Within that ceiling, it cannot exceed one month if the term of imprisonment does not exceed six months, two months if the term exceeds six months and does not exceed one year, and three months if the term exceeds one year.
Is solitary confinement under Section 11 BNS separate from the main term of imprisonment?▼
No. Under Section 11 BNS, the Court orders that the offender be kept in solitary confinement for a portion or portions of the imprisonment to which he is sentenced. It is a part of the sentence of imprisonment, not an additional term beyond it.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·