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

Code of Criminal Procedure, 1973

Section 428 CrPC at a Glance

Section 428 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 468 BNSS.

Now BNSS

Section 468 →

What Section 428 CrPC Says

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.

Source: Section 428, Code of Criminal Procedure, 1973

Section 428 CrPC in Simple Words

Section 428 of the Code of Criminal Procedure, 1973 provides that detention already undergone in the same case is set off against a sentence of imprisonment. When an accused person is convicted and sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, 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 428 CrPC directs that in cases referred to in Section 433A CrPC, such detention shall be set off against the period of fourteen years referred to in that section.

When Section 428 CrPC Applies

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.
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.
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.
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.

Time Limits Under Section 428 CrPC

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”

Example of Section 428 CrPC

Ramesh is held in custody during the investigation, inquiry and trial of a criminal case against him. At the end of the trial, the court convicts Ramesh in that same case and sentences him to imprisonment for a term, not being imprisonment in default of payment of fine. Under Section 428 of the Code of Criminal Procedure, 1973, the period of detention that Ramesh 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 Ramesh to undergo imprisonment on conviction shall be restricted to the remainder, if any, of the term imposed.

When Section 428 CrPC Does Not Apply

Section 428 of the Code of Criminal Procedure, 1973 does not apply where the sentence of imprisonment imposed on the convicted person is imprisonment in default of payment of fine.
Set off under Section 428 CrPC does not apply to any detention that was not undergone during the investigation, inquiry or trial of the same case.

Section 428 CrPC Under BNSS 468: What Changed

Section 428 CrPC is now covered under Section 468 BNSS.

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 detailed comparison (CrPC 428 vs BNSS 468) →

FAQs on Section 428 CrPC

Can detention undergone before conviction be set off against imprisonment in default of payment of fine under Section 428 CrPC?▼

No. Section 428 of the Code of Criminal Procedure, 1973 expressly excludes imprisonment in default of payment of fine from the rule of set off. Earlier detention undergone during the investigation, inquiry or trial of the same case 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.

Which stages of detention before conviction qualify for set off under Section 428 CrPC?▼

Detention undergone by the accused person during the investigation, inquiry or trial of the same case and before the date of such conviction qualifies for set off under Section 428 CrPC. When those conditions are met, that period of 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.

How does the proviso to Section 428 CrPC apply to cases referred to in Section 433A CrPC?▼

The proviso to Section 428 CrPC addresses cases referred to in Section 433A CrPC. It directs that in cases referred to in Section 433A CrPC, the period of detention undergone by the accused person during the investigation, inquiry or trial of the same case and before the date of conviction shall be set off against the period of fourteen years referred to in Section 433A CrPC.

Where is Section 428 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Under the official mapping, the provision in Section 428 CrPC is found in Section 468 BNSS from 1 July 2024, which retains the rule requiring detention undergone during the investigation, inquiry or trial of the same case before conviction to be set off against the sentence of imprisonment.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·