Section 297 BNSS: Period of detention undergone by accused to be set off against sentence of imprisonment
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 297 BNSS at a Glance
Section 297 BNSS deals with period of detention undergone by accused to be set off against sentence of imprisonment. It replaced Section 265-I CrPC on 1 July 2024.
Section 297 BNSS Bare Act Text
297. Period of detention undergone by the accused to be set off against the sentence of imprisonment
Period of detention undergone by accused to be set off against sentence of imprisonment.
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.
Source: Section 297, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 297 BNSS in Simple Words
Section 297 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Period of detention undergone by accused to be set off against sentence of imprisonment.
The provisions of Section 468 BNSS 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 the Sanhita.
When Section 297 BNSS Applies
- The provisions of Section 468 BNSS shall apply for setting off the period of detention undergone by the accused.
- The set off is against the sentence of imprisonment imposed under this Chapter.
- Section 468 BNSS applies in the same manner as it applies in respect of the imprisonment under other provisions of the Sanhita.
Example of Section 297 BNSS
When Section 297 BNSS Does Not Apply
- Section 297 BNSS speaks of the sentence of imprisonment imposed under this Chapter. It does not deal with imprisonment under other provisions of the Sanhita.
- Section 297 BNSS speaks of setting off the period of detention undergone by the accused. It does not deal with the length of the sentence of imprisonment.
Section 297 BNSS in the CrPC (Previous Law)
Section 297 BNSS replaces Section 265-I CrPC from the old criminal code.
Section 297 BNSS has the same text as Section 265I CrPC, except that Section 297 BNSS refers to Section 468 BNSS where Section 265I CrPC referred to Section 428 CrPC, and reads this Sanhita where Section 265I CrPC read this Code.
View CrPC Section 265-I →FAQs on Section 297 BNSS
What does Section 297 BNSS say about the period of detention undergone by the accused?▼
Section 297 BNSS says that the provisions of Section 468 BNSS shall apply for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter.
Which section does Section 297 BNSS apply for the set off?▼
Section 297 BNSS applies the provisions of Section 468 BNSS.
In what manner do the provisions of Section 468 BNSS apply under Section 297 BNSS?▼
They apply in the same manner as they apply in respect of the imprisonment under other provisions of the Sanhita.
What changed from Section 265I CrPC?▼
From 1 July 2024, Section 297 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 265I of the Code of Criminal Procedure, 1973. Section 297 BNSS refers to Section 468 BNSS where Section 265I CrPC referred to Section 428 CrPC, and reads this Sanhita where Section 265I CrPC read this Code.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·