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Code of Criminal Procedure, 1973 · Chapter XXXII: Execution, Suspension, Remission and Commutation of Sentences · D.–General provisions regarding execution

Section 428: Period of detention undergone by the accused to be set off against the sentence of imprisonment

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BNSS section 468 (Period of detention undergone by accused to be set off against 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 set off against their prison term (other than default imprisonment for a fine), and they serve only the remainder.

  • For cases under section 433A, it is set off against the fourteen years required there.

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 433A, 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 (Legislative Department), the text of the Act as it stood before its repeal. 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 428