The Code of Criminal Procedure, 1973 (CrPc)
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 1[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.
2[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.]
Cr PC (Amendment) Act, 2005 (Notes on Clauses)
As the provision of section 433A adversely affects the reformation of lifer, whose case inspite of good conduct in jail cannot be referred to the Advisory Board for recommending his premature release to the State Government, unless he has completed 14 years of actual imprisonment. Section 428 has been amended to provide that the period for which the life convict remained in detention during investigation, inquiry or trial shall be set off against the period of 14 years of actual imprisonment prescribed in section 433A.
(i) Benefit of set off under section 428 is not available to life convicts; Kartar Singh v. State of Haryana, AIR 1982 SC 1433.
(ii) It has been held that detention under the preventive detention laws is not punitive but is essentially a precautionary measure intended to prevent and intercept a person before he commits an infra-active act which he had done earlier; Maliyakkal Abdul Aneez v. Assistant Collector, AIR 2003 SC 928.
1. Ins. by Act 45 of 1978, Sec. 31 (w.e.f 18-12-1978).
2. Added by Act 25 of 2005, sec. 34.