Code of Criminal Procedure, 1973 · Section 428

CrPC 428 in BNSS: Section 468

Section 428 of the Code of Criminal Procedure, 1973 corresponds to Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023. CrPC 428 deals with period of detention undergone by the accused to be set off against the sentence of imprisonment. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024, replacing the CrPC.

Code of Criminal Procedure

CrPC 428 is now BNSS 468.

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

Carried over
Old wording kept in full
Old · CrPC 1973 · Ch. XXXII
s. 428
Period of detention undergone by the accused to be set off against the sentence of imprisonment
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.]
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXXIV
s. 468
Period of detention undergone by accused to be set off against sentence of imprisonment.
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.
Text from India Code

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