Period of detention undergone by accused to be set off against sentence of imprisonment
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Summary
Pre-conviction detention during investigation, inquiry or trial is counted towards any prison term imposed on conviction, provided the sentence is not imprisonment in default of payment of a fine. The convict’s liability is reduced by the days already spent detained, so only the remaining term need be served. In certain cases with a special fourteen-year rule, the detention is set off against that fourteen-year period.
Example
Priya was held in police custody for 40 days during the investigation of an alleged fraud, and later convicted and sentenced to two years' imprisonment (not in default of a fine). Those 40 days will be set off against her two-year term, so she must serve only the remaining period of the sentence.
Bare Act
Enacted textWhere 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.
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