CrPC Section 428: Period of detention undergone by the accused to be set off against the sentence of imprisonment
Code of Criminal Procedure, 1973 · Chapter 32: Execution, Suspension, Remission and commutation of sentences
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment.- 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 433A, such period of detention shall be set off against the period of fourteen years referred to in that section.
¶*[Inserted by the code of Criminal Procedure (Amendment) Act, 2005, dated 23.06.2005]
Study: explanations and related material
Now BNSS 468 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p23
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 413. Execution of order passed under section 368
- 414. Execution of sentence of death passed by High Court
- 415. Postponement of execution of sentence of death in case of appeal to Supreme Court
- 416. Postponement of capital sentence on pregnant woman
- 417. Power to appoint place of imprisonment
- 418. Execution of sentence of imprisonment
- 419. Direction of warrant for execution
- 420. Warrant with whom to be lodged
- 421. Warrant for levy of fine
- 422. Effect of such warrant
- 423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
- 424. Suspension of execution of sentence of imprisonment
- 425. Who may issue warrant
- 426. Sentence on escaped convict when to take effect
- 427. Sentence on offender already sentenced for another offence
- 429. Saving
- 430. Return of warrant on execution of sentence
- 431. Money ordered to be paid recoverable as a fine
- 432. Power to suspend or remit sentences
- 433. Power to commute sentence
- 433A. Restriction on powers of remission or commutation in certain cases
- 434. Concurrent power of Central Government in case of death sentences
- 435. State Government to act after consultation with Central Government in certain cases