Section 265-I CrPC: Period of detention undergone by the accused to be set off against the sentence of imprisonment

Code of Criminal Procedure, 1973

Section 265-I CrPC at a Glance

Section 265-I CrPC deals with period of detention undergone by the accused to be set off against the sentence of imprisonment. From 1 July 2024 it is replaced by Section 297 BNSS.

Now BNSS

Section 297 →

What Section 265-I CrPC Says

265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment

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.

Source: Section 265-I, Code of Criminal Procedure, 1973

Section 265-I CrPC in Simple Words

Section 265I of the Code of Criminal Procedure, 1973 applies Section 428 CrPC to the sentence of imprisonment imposed under this Chapter. The provisions of Section 428 CrPC shall apply for setting off the period of detention undergone by the accused against that sentence, in the same manner as they apply in respect of the imprisonment under other provisions of the Code.

When Section 265-I CrPC Applies

  • The provisions of Section 428 CrPC 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 428 CrPC applies in the same manner as it applies in respect of the imprisonment under other provisions of the Code.

Example of Section 265-I CrPC

Ramesh is the accused, and a sentence of imprisonment is imposed on Ramesh under this Chapter. Under Section 265I CrPC, the provisions of Section 428 CrPC shall apply for setting off the period of detention undergone by Ramesh against that sentence of imprisonment.

When Section 265-I CrPC Does Not Apply

  • Section 265I CrPC speaks of the sentence of imprisonment imposed under this Chapter. It does not deal with imprisonment under other provisions of the Code.
  • Section 265I CrPC 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 265-I CrPC Under BNSS 297: What Changed

Section 265-I CrPC is now covered under Section 297 BNSS.

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 detailed comparison (CrPC 265-I vs BNSS 297) →

FAQs on Section 265-I CrPC

What does Section 265I CrPC say about the period of detention undergone by the accused?▼

Section 265I CrPC says that the provisions of Section 428 CrPC 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 265I CrPC apply for the set off?▼

Section 265I CrPC applies the provisions of Section 428 CrPC.

In what manner do the provisions of Section 428 CrPC apply under Section 265I CrPC?▼

They apply in the same manner as they apply in respect of the imprisonment under other provisions of the Code.

Where is Section 265I CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 265I CrPC has no sub-sections, and maps as a whole to Section 297 BNSS. Section 297 BNSS refers to Section 468 BNSS where Section 265I CrPC referred to Section 428 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·