CrPC Section 428 — Period of detention undergone by the accused to be set off against the sentence of imprisonment
CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
General
Summary
If a person is convicted and sentenced to imprisonment for a term other than imprisonment for failure to pay a fine, time spent in detention during the investigation, inquiry or trial of the same case before conviction must be counted towards that sentence. The person is required to serve only any remaining part of the sentence. In cases referred to in section 433A, the detention time is counted towards the 14-year period mentioned in that section.
Official Text
Where an accused person has, on conviction, been sentenced to imprisonment for a term, 1[, 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: 2[Provided that in cases referred to in section 433A, such period of detention shall be set off against the period of fourteen years referred to in that section.]
Sections referred to
Referred to by
Related Judgments
- ATUL MANUBHAI PAREKH vs CENTRAL BUREAU OF INVESTIGATION — Supreme Court of India (2009)
- RAGHBIR SINGH vs STATE OF HARYANA — Supreme Court of India (1984)
- GAUTAM NAVLAKHA vs NATIONAL INVESTIGATION AGENCY — Supreme Court of India (2021)
- GOTTUMUKKALA VENKATA KRISHAMRAJU vs UNION OF INDIA & ORS — Supreme Court of India (2018)
- AJMER SINGH ETC. ETC. vs UNION OF INDIA & ORS — Supreme Court of India (1987)
Old <-> New Code Mapping
- BNSS §468 — Period of detention undergone by accused to be set off against sentence of imprisonment
