Code: Section 297 BNSS
The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita.
Explanation of Section 297 BNSS
Section 297 of the BNSS refers to the application of Section 469 for the purpose of setting off the period of detention undergone by an accused against any sentence of imprisonment that may be imposed later under the Chapter. This ensures that the time an accused spends in detention is accounted for when calculating their sentence, preventing additional punishment for the period already served.
Illustration
Example 1: Application of Section 469 in Detention
A person has been in detention for 6 months while awaiting trial. If they are sentenced to 12 months of imprisonment under the current Chapter, Section 297 ensures that the 6 months of detention are subtracted from the 12-month sentence, meaning the individual will serve an additional 6 months in prison instead of 12.
Common Questions and Answers on Section 297 BNSS
1. How does Section 297 help an accused person?
- Answer: Section 297 ensures that any period of detention undergone by the accused is set off against the final sentence imposed. This means the accused does not serve additional time in prison for the duration they have already spent in detention.
2. Does this apply to all types of detention?
- Answer: Yes, this provision applies to the detention period before sentencing, regardless of whether it’s pre-trial or during the trial.
3. How is the period of detention calculated under Section 297?
- Answer: The calculation for setting off detention is in accordance with the provisions laid out in Section 469. Essentially, the detention time is deducted from the final term of imprisonment imposed.
Conclusion
Section 297 of the BNSS ensures fairness by allowing the period of detention to be deducted from the final sentence of imprisonment. It references Section 469, maintaining consistency in the treatment of periods already spent in detention.
