The Bharatiya Nyaya Sahinta 2023
CHAPTER II - OF PUNISHMENTS
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| The Bharatiya Nyaya Sahinta 2023 |
Article 10
Punishment of
person guilty
of one of
several
offences,
judgment
stating that it
is doubtful of
which.
In all cases in which judgment is given that a person is guilty of one of several
offences specified in the judgment, but that it is doubtful of which of these offences he is
guilty, the offender shall be punished for the offence for which the lowest punishment is
provided if the same punishment is not provided for all.
Article 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) a time not exceeding one month if the term of imprisonment shall not exceed
six months;
(b) a time not exceeding two months if the term of imprisonment shall exceed six
months and shall not exceed one year;
(c) a time not exceeding three months if the term of imprisonment shall exceed
one year.
Article 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.
Article 13
Enhanced
punishment
for certain
offences after
previous
conviction.
Whoever, having been convicted by a Court in India, of an offence punishable
under Chapters X or Chapter XVII of this Sanhita with imprisonment of either description for
a term of three years or upwards, shall be guilty of any offence punishable under either of
those Chapters with like imprisonment for the like term, shall be subject for every such
subsequent offence to imprisonment for life, or to imprisonment of either description for a
term which may extend to ten years.
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