Introduction

• It is a confinement where prisoners are not allowed to have any human contact.
• This kind of confinement leads to more suicides by the prisoners as it is mentally challenging.
• The Indian laws have strict rules to ensure the right execution of the solitary confinement where prisoner’s rights are not violated.

What is Solitary Confinement?

About:

• Solitary confinement is a law in which a prisoner lives in isolation from the other prisoners under strict surveillance.
• It is the most rigorous form of punishment which is generally given to those who are threatful not only to society but also to the other prisoners of jail.
• This punishment is generally for hard core criminals.
• Solitary confinement impacts the prisoners in such a way that they might get into depression, and they lose their mental stability due to isolation.
• Solitary confinement is considered as an inhuman punishment.

History of Solitary Confinement:

• In the late 1780s isolation of prisoners was promoted as an alternative to the existing punishment.
• It was aimed that such confinement would bring introspection to the prisoner which would help him to turn into a better person.

Laws of Solitary Confinement in India

Indian Penal Code, 1860:

• Section 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.
• Section 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.

Bharatiya Nyaya Sanhita:

• Section 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 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.
• Section 12: 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.

Prisoner’s Act 1894:

• Section 29: Solitary Confinement
  • No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and immediately on his arrival in the prison after sentence, be every prisoner so confined in a cell for more than twenty-four hours, whether as a punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.
• Section 30: Prisoners under Sentence of Death
  • Clause (1) states that every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailor and all articles shall be taken from him which the Jailor deems it dangerous or inexpedient to leave in his possession.
  • Clause (2) states that every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard

Landmark Judgements

• Sunil Barta v. Delhi Administration (1980): Any harsh isolation from society by long, lonely, cellular detention is penal and so must be inflicted only consistently with fair procedure, in such cases written consent and immediately report to higher authority are the least if abuse is to be tabooed.
• Kishore Singh v. State of Rajasthan (1981): In this case it was held that a sentence inflicting solitary confinement for the whole term of imprisonment is illegal if exceeding 14 days. It must bear only a portion of the term of imprisonment.
• Unni Krishnan & Ors. v. State of Andhra Pradesh & Ors (1993): In this case it was held that punishment under solitary confinement is protected under Article 21 of the Constitution of India.
• Charles Sobraj vs The Suptd., Central Jail, Tihar (1978): In this case it was held that to exercise solitary confinement the due process of law to be followed otherwise it would be a violation of Article 21 of the Constitution.

Conclusion

Solitary confinement is the most inhuman punishment. It must be used to protect the other prisoners and not as an alternative to punishment. It is given to hardcore criminals who are a threat to society and can be very dangerous for the other prisoners. This punishment should be exercised following the due process of law and the right of the prisoner who has been confined under solitary confinement should be protected as guaranteed under the constitution of India.