Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 297
Code: Section 297 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section states that the provisions of Section 469 of the BNSS apply to setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under Chapter 29 of the BNSS. It essentially means that any time spent in detention before conviction can be deducted from the actual sentence imposed. This is similar to how such deductions are applied in other provisions of the BNSS.
Illustration:
Let’s say a person is arrested and detained for 6 months under Chapter 29 of the BNSS. After trial, they are convicted and sentenced to 2 years imprisonment. According to Section 297, the 6 months of detention already served can be deducted from the 2-year sentence, reducing the actual imprisonment to 1 year and 6 months.
Common Questions and Answers:
- Q: What is Section 469 of the BNSS?
- A: Section 469 deals with the setting off of detention against sentence. It outlines the rules for deducting the time spent in detention from the total sentence imposed. This section ensures that the time spent in custody is not counted twice, once during detention and again during the sentence.
- Q: Does this apply to all offences under Chapter 29 of the BNSS?
- A: Yes, Section 297 clarifies that the provisions of Section 469 apply to all offences falling under Chapter 29 of the BNSS, regardless of the specific offence committed.
- Q: What if the person was detained for an offence not related to Chapter 29?
- A: The detention period can only be set off against the sentence for the offence under Chapter 29. If a person was detained for a different offence, that time cannot be deducted from the sentence under Chapter 29.
- Q: Can the accused request this deduction?
- A: While the accused can request the deduction, the court is responsible for ensuring that the provisions of Section 469 are followed and the appropriate deductions are made.
