Section 74 IPC: Limit of solitary confinement
Indian Penal Code, 1860
Section 74 IPC at a Glance
Section 74 IPC deals with limit of solitary confinement. From 1 July 2024 it is replaced by Section 12 BNS.
None. Section 74 IPC creates no offence.
Section 74 IPC Bare Act Text
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.
Source: Section 74, Indian Penal Code, 1860
Section 74 IPC in Simple Words
Section 74 of the Indian Penal Code (IPC) limits how solitary confinement is carried out. It may not exceed fourteen days at a time, and the intervals between the periods of solitary confinement must be no shorter than the periods themselves.
Where the imprisonment awarded exceeds three months, solitary confinement may not exceed seven days in any one month of the whole imprisonment, with the same rule on intervals. The section creates no offence.
Ingredients of Section 74 IPC
- A sentence of solitary confinement is being executed
- The confinement does not exceed fourteen days at a time
- The intervals between the periods of solitary confinement are not of less duration than the periods
- Where the imprisonment awarded exceeds three months, the confinement does not exceed seven days in any one month of the whole imprisonment
Punishment Under Section 74 IPC
None. Section 74 IPC creates no offence.
None.
Section 74 IPC is a limit on carrying out solitary confinement. It has no entry in the First Schedule to the CrPC.
Example of Section 74 IPC
When Section 74 IPC Does Not Apply
- Section 74 IPC does not apply when an offender is serving ordinary imprisonment and no order for solitary confinement forms part of the sentence.
- Section 74 IPC does not impose the limit of seven days per month when the total term of imprisonment awarded is three months or less, though the fourteen-day limit per spell and the interval rule still govern.
- Section 74 IPC does not permit authorities to place a prisoner in back-to-back spells of solitary confinement without an intervening break at least equal in length to the preceding spell.
Section 74 IPC in the BNS
Section 74 IPC is now covered under Section 12 BNS.
Section 12 BNS keeps both limits in the same words.
View detailed comparison (IPC 74 vs BNS 12) →FAQs on Section 74 IPC
What does Section 74 IPC say?▼
That solitary confinement must never exceed fourteen days at a time, with intervals no shorter than the periods, and that where the imprisonment exceeds three months it must not exceed seven days in any one month.
Under Section 74 IPC, how long can one spell of solitary confinement last?▼
Not more than fourteen days at a time.
Under Section 74 IPC, how long must the interval between spells be?▼
Not of less duration than the period of solitary confinement before it.
Does Section 74 IPC create an offence?▼
No. It is a limit on carrying out a sentence of solitary confinement.
What is the BNS equivalent of Section 74 IPC?▼
Section 12 BNS, in the same words.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·