Section 73 IPC: Solitary confinement

Indian Penal Code, 1860

Section 73 IPC at a Glance

Section 73 IPC deals with solitary confinement. From 1 July 2024 it is replaced by Section 11 BNS.

Punishment

None. Section 73 IPC creates no offence.

BNS Equivalent

Section 11 →

Section 73 IPC Bare Act Text

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.

Source: Section 73, Indian Penal Code, 1860

Section 73 IPC in Simple Words

Section 73 of the Indian Penal Code (IPC) lets the Court order solitary confinement as part of a sentence of rigorous imprisonment. The Court may order it for any portion or portions of the imprisonment, not exceeding three months in the whole.

The scale is one month where the imprisonment does not exceed six months, two months where it exceeds six months and does not exceed one year, and three months where it exceeds one year. The section creates no offence.

Ingredients of Section 73 IPC

  • A person is convicted of an offence for which the law empowers the Court 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 73 IPC

Imprisonment

None. Section 73 IPC creates no offence.

Fine

None.

Section 73 IPC is a power to order solitary confinement within a scale. It has no entry in the First Schedule to the CrPC.

Example of Section 73 IPC

In 2017 in Ranchi, a court convicted three men of offences under the Indian Penal Code punishable with rigorous imprisonment and ordered solitary confinement in each sentence. Tarun was sentenced to four months of rigorous imprisonment with one month of solitary confinement, since his term did not exceed six months. Varun received nine months of rigorous imprisonment with two months of solitary confinement, since his term exceeded six months but not one year. Kishore received two years of rigorous imprisonment with three months of solitary confinement, the maximum allowed in the whole for a term exceeding one year under Section 73 IPC.

When Section 73 IPC Does Not Apply

  • Section 73 IPC does not apply when the offender is convicted of an offence for which the Indian Penal Code does not empower the court to award rigorous imprisonment.
  • Section 73 IPC does not apply when the court sentences the offender only to simple imprisonment or a fine.
  • Section 73 IPC does not allow a court to order solitary confinement for more than three months in total, even when the sentence of rigorous imprisonment exceeds one year.
  • Section 73 IPC does not permit solitary confinement exceeding one month for a rigorous imprisonment term of up to six months, or exceeding two months for a term between six months and one year.

Section 73 IPC in the BNS

Section 73 IPC is now covered under Section 11 BNS.

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 detailed comparison (IPC 73 vs BNS 11) →

FAQs on Section 73 IPC

What does Section 73 IPC say?▼

That where a person is convicted of an offence for which the Court can sentence him to rigorous imprisonment, the Court may order in its sentence that he be kept in solitary confinement for any portion or portions of the imprisonment, within a scale.

Under Section 73 IPC, what is the longest solitary confinement the Court can order?▼

Three months in the whole.

Under Section 73 IPC, how much solitary confinement does the scale allow?▼

Up to one month where the imprisonment does not exceed six months. Up to two months where it exceeds six months and does not exceed one year. Up to three months where it exceeds one year.

Does Section 73 IPC create an offence?▼

No. It is a power to order solitary confinement within a scale.

What is the BNS equivalent of Section 73 IPC?▼

Section 11 BNS, with the same scale.

Have questions about Section 73 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·