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SOLITARY CONFINEMENT

SOLITARY CONFINEMENT UNDER PPC (SECTION 73,74)

Introduction:

Solitary confinement is a form of imprisonment through which psychological pressure is imposed upon an offender by disallowing him to have any contract with other persons during imprisonment.

 

RELEVANT PROVISIONS:

Sections 73 & 74 of Pakistan Penal Code 1860.

 


Who Can Award Solitary Confinement?

Court can award solitary confinement only in that case in which a person is convicted of an offence for which the court has power under Pakistan Penal Code to sentence him to rigorous imprisonment for any portion or portions of imprisonment to which he is sentenced and such solitary confinement should not exceed three months in the whole. Solitary confinement can be awarded at either of following three scales.

 

·      If the term of imprisonment, to which an offender is sentenced, does not exceed six months, offender can be kept in solitary confinement for a period, which should not exceed one month.

 

·      If term of imprisonment, to which an offender is sentenced, does not exceed one year, offender can be kept in solitary confinement for a period, which should not exceed two months.

 

·      If term of imprisonment, to which an offender is sentenced, exceeds an year, offend can be kept in solitary confinement for a period, which should not exceed three months.

 

Execution Of Solitary Confinement:

Sentence of solitary confinement can be executed through following two modes;

 

·      In executing a sentence of solitary confinement, such solitary confinement should in no case exceed fourteen days at a time, with intervals between periods of solitary confinement of not less duration than such periods.

 

·      In executing a sentence of solitary confinement when imprisonment awarded exceeds three months, the solitary confinement should 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.

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