BNSS Section 468 — Period of detention undergone by accused to be set off against sentence of imprisonment

Summary

If a person is convicted and sentenced to prison (not for failing to pay a fine), any time they already spent in jail during the investigation, inquiry, or trial of that same case before the conviction will be subtracted from their prison sentence. This means they only have to serve the remaining part of the sentence after that time is deducted. In cases covered by section 475, this pre-conviction detention is subtracted from the 14-year period mentioned in that section instead.

Official Text

Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him:

Provided that in cases referred to in section 475, such period of detention shall be set off against the period of fourteen years referred to in that section.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)

Old <-> New Code Mapping

• CrPC §428 — Period of detention undergone by accused to be set off against sentence of imprisonment