Is the period of detention undergone by an accused, during the investigation, inquiry, or his trial, liable to be set off against the term of imprisonment imposed on him upon his conviction?

Question: Is the period of detention undergone by an accused, during the investigation, inquiry, or his trial, liable to be set off against the term of imprisonment imposed on him upon his conviction? [WBJS 2000]

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Answer

Detention simply means to put a person in custody and the purpose is to stop him from further committing any crime. Yes, the period of detention undergone by an accused during the investigation, inquiry, or trial is liable to be set off against the term of imprisonment imposed on him upon his conviction by virtue of section 428 of the CrPC.

Section 428 in the Code of Criminal Procedure, 1973 lays down the provision regarding the Period of detention undergone by the accused to be set off against the sentence or imprisonment. The section runs down as below:

“Where an accused person has, on conviction, been sentenced to imprisonment for a term 1, 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, any, of the term of imprisonment imposed on him.”

This provision, allowing setting off of the period of detention undergone as an under-trial prisoner against the sentence of imprisonment, is meant to mitigate the evils such prisoners have to go through.

However, in order to claim the benefit of set-off under this section, two essential conditions are required to be fulfilled—

• the accused-claimant has, on conviction, been sentenced to imprisonment for a term and;
• the claimant-accused has undergone detention during investigation, inquiry, or trial before the date of conviction.

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