Is there any provision in the Code of Criminal Procedure for setting off the period of detention as an under-trial prisoner against the sentence of imprisonment imposed upon him? If so, what?

Question: Is there any provision in the Code of Criminal Procedure for setting off the period of detention as an under-trial prisoner against the sentence of imprisonment imposed upon him? If so, what? [U.P.H.J.S. 1984]

Find the answer only on Legal Bites. [Is there any provision in the Code of Criminal Procedure for setting off the period of detention as an under-trial prisoner against the sentence of imprisonment imposed upon him? If so, what?]

Answer

The Code of Criminal Procedure provides relief to the undertrials for their prolonged detention in jail during the investigation, inquiry, or trial of a case. Section 428 of CrPC makes a clear provision to the effect that when an accused has been sentenced to imprisonment for a term, the period of detention undergone by him during investigation, inquiry, or trial before the date of conviction shall be set off against the term of imprisonment and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder.

The only qualification laid down in the section for entitling a person to its benefit is that he should stand sentenced to imprisonment on the date on which the section comes into operation; there is no further condition laid down that the conviction must have been under the present Code. Therefore, the benefit of the provisions of this section is available to persons convicted under the Code of Criminal Procedure, 1898.

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.

An accused is entitled to claim this statutory benefit subject to the above conditions.

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