Period of detention undergone by the accused to be set off against the sentence of imprisonment
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Summary
Time the accused spent in custody before conviction is deducted from any prison sentence imposed under this Chapter. The same rules that govern set-off of pre-conviction detention elsewhere in the Code apply here. In effect, custody already served reduces the remaining term to be served.
Example
Ravi spent 60 days in custody while awaiting trial. After conviction under this Chapter he is sentenced to one year imprisonment. The 60 days will be set off against his sentence under the same rules used elsewhere in the Code, so he will have about ten months left to serve.
Bare Act
Enacted textThe provisions of section 428 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Code.
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