Limit of solitary confinement
Section 12 of the Bharatiya Nyaya Sanhita, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 12, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 74 Limit of solitary confinement Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jasbir Singh @ Jassa vs State of Punjab
Decided under Indian Penal Code 74, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Inordinate delay in execution of death sentence, though a significant factor, cannot by itself be the sole ground for commutation of death sentence. The delay must be considered along with the nature and gravity of the crime. Time spent in judicial proceedings and review petitions at the instance of the convict should not be counted as delay. Only undue and long delay in disposing of mercy petitions or delay at the instance of the executive is material. In the present case, there is no such inordinate delay, and the heinous nature of the crime (cold-blooded murder of a 16-year-old child for ransom) precludes commutation of death sentence to life imprisonment.
On this section: Restrictions on solitary confinement for sentences exceeding one year - cannot exceed 7 days in any one month
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 12
What have the courts held on Section 12 of the Bharatiya Nyaya Sanhita?
Jasbir Singh @ Jassa vs State of Punjab (26 Jul 2019) is the leading judgment on this section among those set out below, though it was decided under IPC 74, which this section replaced -- the court never mentioned this Act: Restrictions on solitary confinement for sentences exceeding one year - cannot exceed 7 days in any one month.
How do I find court cases under Section 12 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 12, section 12 BNS, section 12 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jasbir Singh @ Jassa vs State of Punjab (26 Jul 2019).
What should I read with Section 12 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 74 (Limit of solitary confinement), so the judgments decided under that provision are the case law on this one.
When did Section 12 of the Bharatiya Nyaya Sanhita come into force?
Section 12 of the Bharatiya Nyaya Sanhita, cited as BNS 12, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.