Where the term of imprisonment is: Solitary confinement shall not exceed: Not more than(i) 6 months(i) 1 month(ii) 1 year(ii) 2 monthMore than1 yearThus, solitary confinement shall not exceed — (i) 3 months in the whole (Section 73).
(ii) 14 days at a time with intervals of not less than 14 days. (iii) 7 days in a month with intervals of less than 7 days if the imprisonment awarded is more than 3 months (Section 74). Solitary confinement is awarded for offences under the Indian Penal Code only.
It cannot be awarded where imprisonment is not part of the substantive sentence or where the imprisonment awarded is simple. Thus, it cannot be awarded where imprisonment is in default of fine. It can be imposed in a summary trial. It must be imposed at intervals.
It cannot be awarded for the whole term of imprisonment even if such term is as short as 14 days or less. A Magistrate of the first class only can pass a sentence of solitary confinement.
