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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 468 BNSS at a Glance

Section 468 BNSS deals with period of detention undergone by accused to be set off against sentence of imprisonment. It replaced Section 428 CrPC on 1 July 2024.

Was CrPC

Section 428 →

Section 468 BNSS Bare Act Text

468. 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.
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.

Source: Section 468, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 468 BNSS in Simple Words

Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that detention already undergone in the same case is set off against a sentence of imprisonment. Where an accused person is convicted and sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, any detention undergone during the investigation, inquiry or trial of the same case before the date of conviction shall be set off against that sentence.

Liability to undergo imprisonment shall be restricted to the remainder, if any, of the term imposed. A proviso to Section 468 BNSS directs that in cases referred to in Section 475 BNSS, such detention shall be set off against the period of fourteen years referred to in that section.

When Section 468 BNSS Applies

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.
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.
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.
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 Under Section 468 BNSS

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”

Example of Section 468 BNSS

Anil is held in detention during the investigation, inquiry and trial of a criminal case against him. At the end of the trial, the court convicts Anil in that same case and sentences him to imprisonment for a term, not being imprisonment in default of payment of fine. Under Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of detention that Anil underwent during the investigation, inquiry and trial of the same case before the date of his conviction shall be set off against the term of imprisonment imposed on him on conviction. Consequently, the liability of Anil to undergo imprisonment on conviction shall be restricted to the remainder, if any, of the term imposed.

When Section 468 BNSS Does Not Apply

Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the sentence imposed on conviction is imprisonment in default of payment of fine.
Set off under Section 468 BNSS does not apply to detention that was not undergone during the investigation, inquiry or trial of the same case.

Section 468 BNSS in the CrPC (Previous Law)

Section 468 BNSS replaces Section 428 CrPC from the old criminal code.

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.

View CrPC Section 428 →

FAQs on Section 468 BNSS

Does Section 468 BNSS allow set off against imprisonment in default of payment of fine?▼

No. Section 468 of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly excludes imprisonment in default of payment of fine. Earlier detention undergone during the investigation, inquiry or trial of the same case before conviction shall be set off only where the accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine.

What detention qualifies for set off under Section 468 BNSS?▼

Only the period of detention, if any, undergone by the accused person during the investigation, inquiry or trial of the same case and before the date of conviction qualifies under Section 468 BNSS. That detention shall be set off against the term of imprisonment imposed on conviction, and the liability of the person to undergo imprisonment shall be restricted to the remainder, if any, of the term imposed.

What does the proviso to Section 468 BNSS state for cases referred to in Section 475 BNSS?▼

The proviso to Section 468 BNSS governs cases referred to in Section 475 BNSS. It states that in cases referred to in Section 475 BNSS, the period of detention undergone by the accused person during the investigation, inquiry or trial of the same case before the date of conviction shall be set off against the period of fourteen years referred to in Section 475 BNSS.

What changed from Section 428 CrPC to Section 468 BNSS from 1 July 2024?▼

From 1 July 2024, Section 468 BNSS replaced the corresponding provision of the Code of Criminal Procedure, 1973 without changing the substantive rule of set off. All changes are of form, consisting of renumbering the provision as Section 468 BNSS, omitting definite articles in the section heading, and updating the cross reference in the proviso to Section 475 BNSS for the period of fourteen years.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·