Section 297 BNSS: Period of detention undergone by accused to be set off against sentence of imprisonment (Formerly Section 265I CrPC)

Section 297 of Bharatiya Nagarik Suraksha Sanhita, 2023: Period of detention undergone by accused to be set off against sentence of imprisonment

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The provisions of section 468 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 Sanhita.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 297

Section 297 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates the statutory set-off of pre-trial detention against sentences imposed under plea bargaining.

Applicability of Set-Off Provisions: Section 297 extends the benefit of Section 468 set-off to sentences of imprisonment imposed under Chapter XXII.
Pre-Conviction Detention Credit: The entire period of pre-trial detention undergone by the accused must be credited against the substantive term of imprisonment imposed, guaranteeing full parity with ordinary trial sentences.

This provision guarantees the fundamental right to liberty by ensuring that all periods of pre-trial detention are credited directly against the final substantive sentence.

Key Landmark Precedents:

Bhagirath v. Delhi Administration (1985) 2 SCC 580: The Constitution Bench held that the benefit of set-off under Section 428 CrPC (Sec 468 BNSS) is a mandatory humanitarian statutory right applicable to all sentences of imprisonment.
Maliakkal Abdul Azeez v. State of Kerala (2001) 5 SCC 254: Affirmed that the period spent in custody as an undertrial must be mathematically deducted from the substantive sentence imposed upon conviction.

Legal Commentary:

Section 297 guarantees that time spent in police or judicial custody prior to the plea bargaining disposition is fully credited. For undertrials who have already spent substantial time in jail, a mitigated sentence under Section 293 often means immediate release upon set-off.