Скачать или смотреть Application under 428 CrPC/468 BNSS: How set-off can reduce the Jail Sentence duration.

Set-off: Section 428 of the Code of Criminal Procedure (CrPC) deals with the set-off of detention periods against imprisonment. It mandates that the period an accused person spends in custody during the investigation, inquiry, or trial of the same case, before being convicted, must be deducted from their sentence. This ensures that individuals are not unduly punished for time spent awaiting trial

Case Law: Maliyakkal Abdul Azeez v. Collector (2003) 2 SCC 439

Two requisites postulated in Section 428 as follows:

“8. … (1) During the stage of investigation, enquiry or trial of a particular case the prisoner should have been in jail at least for a certain period. (2) He should have been sentenced to a term of imprisonment in that case. If the above two conditions are satisfied then the operative part of the provision comes into play i.e. if the sentence of imprisonment awarded is longer than the period of detention undergone by him during the stages of investigation, enquiry or trial, the convicted person need undergo only the balance period of imprisonment after deducting the earlier period from the total period of imprisonment awarded.”

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