Section 468 BNSS: Period of detention undergone by accused to be set off against sentence of imprisonment (Formerly Section 428 CrPC)

Section 468 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

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.

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 468

Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 428 of the CrPC, 1973) provides for the mandatory set-off of the period of pre-conviction detention undergone by an accused against the substantive sentence of imprisonment imposed on conviction.

Mandatory Statutory Set-Off: The period of detention, if any, undergone by the convict during the investigation, inquiry, or trial of the same case, before the date of conviction, shall be set off against the term of imprisonment imposed.
Exclusion of Default Imprisonment: Set-off applies strictly against substantive imprisonment; it does not apply to imprisonment in default of payment of fine.
Applicability to Undertrial Detention: Covers police custody and judicial remand undergone in connection with that specific offence prior to conviction.
Applicability to Life Imprisonment: Set-off applies to life imprisonment terms for the purpose of calculating minimum incarceration under Section 475.

Key Landmark Precedents:

Govt. of A.P. v. Anne Venkateswara Rao, (1977) 3 SCC 298: The Supreme Court authoritatively held that Section 428 CrPC (Section 468 BNSS) creates an absolute, non-discretionary statutory right; trial courts have no power to deny set-off of pre-conviction detention.
State of Maharashtra v. Najakat Alia Mubarak Ali, (2001) 6 SCC 311: The Supreme Court settled that an undertrial detained in connection with two separate criminal cases simultaneously is entitled to set-off in both cases upon conviction in both.
Benson v. State of Kerala, (2016) 10 SCC 307: Reiterated that failure of the sentencing court to record set-off in the judgment does not extinguish the convict's right, which jail authorities are bound to compute.

Courtroom Practice & Strategic Litigation Guidance:

Immediately upon conviction, ensure the trial court explicitly records the exact pre-trial detention dates in the operative order sheet under Section 468; if omitted, move a miscellaneous application before the trial court or jail superintendent.