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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The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

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.]

Footnotes in the official text

  1. 1.Ins. by Act 45 of 1978, s. 31 (w.e.f.18-12-1978).
  2. 2.Ins. by Act 25 of 2005, s. 34 (w.e.f. 23-6-2006).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

428. Period of detention undergone by accused to be set off against sentence of imprisonment.BNSS 468

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