CrPC 428→BNSS 468

CrPC 428 to BNSS 468: Period of detention undergone by the accused to be set off against the sentence of imprisonment

Section 428 CrPC (1973) replaced by Section 468 BNSS (2023)

View CrPC Section 428 →View BNSS Section 468 →

CrPC 428 to BNSS 468 at a Glance

Section 428 CrPC (Period of detention undergone by the accused to be set off against the sentence of imprisonment) is now Section 468 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 428 to BNSS 468?

Section 428 of the Code of Criminal Procedure, 1973 became Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Every difference between the provisions is a change of form. The provision is renumbered from Section 428 CrPC to Section 468 BNSS, the heading drops the definite articles before the words accused and sentence, and the proviso updates its cross reference from Section 433A CrPC to Section 475 BNSS. The wording of the substantive rule and the proviso directing set off against the period of fourteen years is otherwise identical, so the legal rule is unchanged.

CrPC 428 vs BNSS 468: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section428468
HeadingPeriod of detention undergone by the accused to be set off against the sentence of imprisonmentPeriod of detention undergone by accused to be set off against sentence of imprisonment
Cross-referencess.433As.475

CrPC 428 and BNSS 468: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 428, CrPC 1973

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.
BNSS 2023 (in force)

Section 468, BNSS 2023

468. Period of detention undergone by accused to be set off against 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 475, such period of detention shall be set off against the period of fourteen years referred to in that section.

When It Applies: CrPC 428 vs BNSS 468

Under CrPC 428
  1. Section 428 of the Code of Criminal Procedure, 1973 applies when an accused person is convicted and sentenced to imprisonment for a term that is not imprisonment for failing to pay a fine.
  2. Any custody that the accused person underwent during the investigation, inquiry or trial of that very case prior to the conviction date shall be deducted from the prison sentence imposed on conviction.
  3. After the earlier custody is deducted, the convicted person shall be required to serve only the remaining portion, if any, of the prison term imposed by the court.
  4. A proviso to Section 428 CrPC modifies the rule for cases covered by Section 433A CrPC by directing that earlier custody shall be deducted from the period of fourteen years specified in Section 433A CrPC.
Under BNSS 468
  1. Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when an accused person has on conviction been sentenced to imprisonment for a term that is not imprisonment for default in paying a fine.
  2. Any detention undergone by the accused person during the investigation, inquiry or trial of the same case prior to the conviction date shall be deducted from the prison term imposed on conviction.
  3. Once earlier detention in the same case is set off, the convicted person shall be liable to serve only the remaining balance, if any, of the term of imprisonment imposed.
  4. A proviso to Section 468 BNSS qualifies the rule for cases covered by Section 475 BNSS by requiring earlier detention to be set off against the period of fourteen years mentioned in Section 475 BNSS.

Time Limits: CrPC 428 to BNSS 468

Under CrPC 428
  • Under Section 428 of the Code of Criminal Procedure, 1973, the period of detention that qualifies for set off is limited to custody undergone during the investigation, inquiry or trial of the same case and before the date of conviction.Act text: “during the investigation, inquiry or trial of the same case and before the date of such conviction”
  • Under the proviso to Section 428 CrPC, in cases referred to in Section 433A CrPC, the period of fourteen years specified in Section 433A CrPC is the period against which earlier detention shall be set off.Act text: “shall be set off against the period of fourteen years referred to in that section”
Under BNSS 468
  • Under Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023, only the period of detention undergone during the investigation, inquiry or trial of the same case and before the date of conviction qualifies to be set off.Act text: “during the investigation, inquiry or trial of the same case and before the date of such conviction”
  • Under the proviso to Section 468 BNSS, in cases referred to in Section 475 BNSS, the period of fourteen years referred to in Section 475 BNSS is the period against which earlier detention shall be set off.Act text: “shall be set off against the period of fourteen years referred to in that section”

What CrPC 428 to BNSS 468 Means in Practice

From 1 July 2024, the rule for setting off earlier detention is found in Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 428 of the Code of Criminal Procedure, 1973. Because the rule is unchanged in substance, a convicted person sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, continues to have set off the detention undergone during the investigation, inquiry or trial of the same case before conviction.

FAQs: CrPC 428 to BNSS 468

Did Section 468 BNSS change the conditions for setting off detention undergone before conviction compared to Section 428 CrPC?▼

No. The conditions in Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are identical to those in Section 428 of the Code of Criminal Procedure, 1973. Under both provisions, detention undergone during the investigation, inquiry or trial of the same case before the date of conviction shall be set off against a sentence of imprisonment for a term, not being imprisonment in default of payment of fine.

Why does the proviso in Section 468 BNSS refer to Section 475 instead of Section 433A?▼

In the proviso to Section 428 CrPC, the law referred to Section 433A CrPC when directing that earlier detention shall be set off against the period of fourteen years referred to in that section. In the proviso to Section 468 BNSS, that cross reference is updated to Section 475 BNSS, which is a change of form reflecting the renumbering of the referred provision in the Sanhita.

Were any new clauses, time limits or conditions added when Section 428 CrPC became Section 468 BNSS?▼

No new clauses, time limits, permissions or conditions were added, and no existing power or duty was deleted when Section 428 CrPC became Section 468 BNSS from 1 July 2024. Apart from renumbering the section, dropping the definite articles in the heading, and updating the proviso cross reference to Section 475 BNSS, the text and legal effect of the rule remain unchanged.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·