Emperor Vs. Bidha

act no. xlv of 1860 (indian penal code), section 73 - act no. iii of 1911 (criminal tribes act), section 22--solitary confinement not authorised on a conviction under the criminal tribes act. - sulaiman, j.1. in this case the accused was convicted under section 22 of the criminal tribes act (no. iii of 1911) and was sentenced to undergo rigorous imprisonment for one year including one month's solitary confinement.2. the learned district magistrate has referred the case to the high court with a recommendation that so much of the sentence as relates to the solitary confinement be set aside. this reference must be accepted.3. solitary confinements are imposed under section 73 of the indian penal code. under that section, whenever any person is convicted of an offence for which, under that code, 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 of the imprisonment to which he has been sentenced. under that section there is no authority for imposing a sentence of solitary confinement when a person is convicted under some other criminal act. the criminal tribes act (no. iii of 1911) makes no provision for imposing a sentence of solitary confinement on persons convicted under that act. i am, therefore, of opinion that the magistrate had no jurisdiction to order that any part of the sentience on the accused should be one of solitary confinement. i accordingly set aside that part of the order. let the record be returned.