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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIV: Execution, Suspension, Remission and Commutation of Sentences · D.—General provisions regarding execution

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

Earlier law: CrPC section 428 (Period of detention undergone by the accused to be set off against the sentence of imprisonment)

In plain words

Time an accused spent in detention during the investigation, inquiry or trial of the same case before conviction is deducted from their prison sentence (other than default imprisonment), so they serve only the remainder.

  • For prisoners covered by section 475, it is deducted from the fourteen years they must serve before release.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 468