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Section 428 — Period of detention undergone by the accused to be set off against the sentence of imprisonment
428
428
Period of detention undergone by the accused to be set off against the sentence of imprisonment
Code of Criminal Procedure, 1973
Chapter XXXII Execution, Suspension, Remission and Commutation of Sentences
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsSentencingPre Trial DetentionLegal ProcedureCriminal LawCrPC
🗣️ Simple Explanation
What does this law say?
Section 428 of the CrPC says that if you are in jail before your trial ends, that time counts towards your sentence. If you are found guilty, the time you spent in jail before the verdict is subtracted from your total sentence.
Why does this law exist?
This law ensures fairness. It prevents someone from serving more time than they should. It acknowledges the time spent in custody before the final judgment.
Real-life impact
If Priya spends 6 months in jail before her trial, and is sentenced to 1 year, she only serves 6 more months. This law helps reduce the overall time served.
What happens if you break this law?
This section doesn't define a crime. It deals with how sentences are calculated. The punishment depends on the crime you committed.
💡 Real Life Example
Rahul is arrested and spends 4 months in jail before his trial. He is convicted and sentenced to 1 year. He only serves 8 more months. Amit is accused of theft and spends 2 months in jail. He is later found guilty and sentenced to 6 months. He only serves 4 months.
🛡️ KNOW YOUR RIGHTS
- •Know that time spent in custody counts towards your sentence.
- •Ask your lawyer to calculate your jail time correctly.
- •Ensure the court considers your pre-trial detention.
- •Get legal aid if you cannot afford a lawyer.
- •Understand how your sentence is calculated.
❓ FREQUENTLY ASKED QUESTIONS
Section 428 of the CrPC says that the time you spend in jail before your trial counts towards your sentence. If you are found guilty, the time you spent in jail before the verdict is subtracted from your total sentence. This ensures you don't serve more time than necessary.
Pre-trial detention reduces your sentence. The time you spend in jail before your trial is subtracted from your total sentence if you are convicted. This means you serve less time overall. It's a way of acknowledging the time you've already spent in custody.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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