सं Samvidhan

Indian Penal Code, 1860

Section 74

repealed

Limit of solitary confinement

Why this exists

Solitary confinement was once used as a harsh disciplinary tool within prison sentences. The framers of the IPC recognized that isolating a prisoner for long, unbroken periods could cause serious psychological harm, so they built in strict caps and mandatory rest periods to prevent solitary confinement from becoming a form of cruel or excessive punishment layered on top of an ordinary sentence.

How courts read it

Indian courts, including the Supreme Court in cases like Sunil Batra v. Delhi Administration (1978), have emphasized that solitary confinement must be applied sparingly and strictly within these statutory limits, treating prolonged or unbroken isolation as inconsistent with humane treatment of prisoners and with constitutional protections against cruel punishment.

Common misconceptions
  • Myth: Solitary confinement can be ordered for the entire length of a prison sentence without breaks.
    Fact: Section 74 requires mandatory breaks between periods of solitary confinement, capping continuous isolation at 14 days at a time.