Code
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.
Explanation of Section 468 BNSS
Section 468 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides relief to accused persons who have already spent time in detention before their conviction.
Key Provisions
- Pre-trial Detention Adjustment
- If an accused was in custody during investigation or trial, that period will be deducted from the total prison sentence.
- Only for the Same Case
- The set-off applies only if the detention was related to the same case for which the sentence is being imposed.
- Limited to Imprisonment Terms
- This provision does not apply if the person was only fined or given another form of punishment.
Illustrations
Example 1: Accused Spent 6 Months in Custody, Sentenced to 3 Years
A person was under trial detention for 6 months and later sentenced to 3 years of imprisonment.
- As per Section 468 BNSS, the 6 months are deducted, and the person only serves the remaining 2.5 years.
Example 2: Accused Spent 1 Year in Custody, Sentenced to 1 Year
A person spent 1 year in custody during trial and was sentenced to 1 year of imprisonment.
- Since the detention period matches the sentence, the person is released immediately upon conviction.
Example 3: Detention for a Different Case Not Counted
A person spent 8 months in custody for Case A but was later convicted in Case B for a 5-year sentence.
- Since the detention was unrelated, no set-off applies, and the full 5-year term must be served.
Common Questions & Answers on Section 468 BNSS
1. Does this section apply to all types of imprisonment?
Yes, Section 468 BNSS applies to all fixed-term imprisonment sentences but not to life imprisonment or death sentences.
2. What happens if the detention period exceeds the sentence?
If an accused was detained longer than the imposed sentence, they are released immediately upon conviction.
3. Can detention for another case be set off?
No. The pre-trial detention must be related to the same case for which the final sentence is given.
4. Does this apply to a person sentenced to only a fine?
No, Section 468 BNSS only applies to imprisonment sentences. If a person is only fined, no set-off applies.
5. What is the impact of this provision on justice?
This provision prevents unfair double punishment and ensures that the accused does not serve more time than necessary.
Conclusion
Section 468 BNSS provides relief to convicted persons by deducting pre-trial detention from their final prison term. This ensures fairness in sentencing and prevents excessive punishment for those who have already been in custody.
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