Chapter XXIA
Section 265I CrPC: Period of detention undergone by the accused to be set off against the sentence of imprisonment
New Law Update (2024)
Section 362 BNSS
TRIAL COURT
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
The provisions of section 428 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 Code.
Important Sub-Sections Explained
Landmark Judgements
Bhagirath v. Delhi Administration (1985):
The Supreme Court held that the benefit of set-off under Section 428 CrPC is mandatory and applies to the period of detention undergone by the accused during investigation, inquiry, or trial against the sentence of imprisonment. This fundamental principle is extended by Section 265I to sentences resulting from plea bargaining.
Kasturi Lal v. State of U.P. (2000):
This judgment reiterated the mandatory nature of Section 428 CrPC, affirming that the period of undertrial detention must be set off against the ultimate sentence of imprisonment awarded, irrespective of whether the sentence is for life or a fixed term. This principle is directly applicable through Section 265I to sentences passed after plea bargaining.