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    Sunday, 19 November 2017

    Solitary Confinement under Pakistan Penal Code

    1. Introduction
    Solitary confinement is a form of imprisonment. it is such 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.

    2. Who can award Solitary Confinement?
    Court can award solitary confinement. However, condition is that court can award such 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. 

    3. At what scale Solitary Confinement can be Awarded?
    Under Pakistan Penal Code, court can order to keep offender in solitary confinement 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.

    (i) For a Period Not exceeding One Month
    If 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.

    (ii) For a Period not exceeding two Months
    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.

    (iii) For a period not exceeding Three Months
    If term of imprisonment, to which an offender is sentenced, exceeds on year, offend can be kept in solitary confinement for a period, which should not exceed three months.

    4. How can sentence of Solitary Confinement can be executed?

    Sentence of solitary confinement can be executed through following two modes

    (i) Fourteen Days
    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.

    (ii) Seven Days
    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.

    5. Conclusion
    To conclude, it can be stated that there are two purpose of solitary confinement; sometimes, it is used as measure of protection of society from criminals, and sometimes, it is used as protective custody.



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    Item Reviewed: Solitary Confinement under Pakistan Penal Code Rating: 5 Reviewed By: Usman Ali
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