Period of detention undergone by the accused to be set off against the sentence of imprisonment
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Summary
Time spent in custody during the investigation, inquiry or trial is deducted from any prison term finally imposed, except where the sentence is only for non-payment of a fine. The accused only has to serve the remainder, if any, of the sentence. If the case falls under the special life-sentence rule (section 433A), that detention is set off against the 14-year period mentioned there.
Example
Priya was held in custody for 45 days during the investigation and later convicted and sentenced to six months' imprisonment. The 45 days are set off against her six-month term, so she will have to serve only about four and a half months more in prison.
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 433A, such period of detention shall be set off against the period of fourteen years referred to in that section.
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