Law · Bharatiya Nagarik Suraksha Sanhita, 2023
An accused person is undergoing trial for theft. During the investigation and trial phase, he remains in judicial custody as an under-trial prisoner for 90 days. He is subsequently convicted and sentenced to one year of imprisonment. Is he entitled to a set-off of these 90 days under Section 468 of the BNSS?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1He is entitled to a set-off only if the Magistrate explicitly orders it in the judgment.
- 2Yes, the entire period of under-trial detention shall be set off against the term of imprisonment.✓
- 3No, under-trial detention cannot be set off against the final sentence.
- 4He is entitled to a set-off of only 45 days.
Correct answer
Yes, the entire period of under-trial detention shall be set off against the term of imprisonment.
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