The provisions of section 468 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 Sanhita.
Bharatiya Nagarik Suraksha Sanhita
Section 297
Period of detention undergone by accused to be set off against sentence of imprisonment
Englishहिंदी
⚡ Quick Answer Reference: Section 297 BNSS
- Provision: Section 297 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PLEA BARGAINING
- Jurisdiction: India
- Summary: This section means that the time an accused person spends in detention before their trial will be subtracted from their prison sentence if they are found guilty.
Statutory Content
What does Section 297 of BNSS say?
Indian StandardSection 297, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 297 (India)
Court Pleading StandardSection 297 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/297
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 297 of BNSS mean?
Plain English Explanation
This section means that the time an accused person spends in detention before their trial will be subtracted from their prison sentence if they are found guilty.
Practical Interpretation
In practice, this section ensures that the period of detention is taken into account when calculating the total sentence of imprisonment, similar to how it is done for other provisions in the Sanhita.
Core Legal Purpose
The core purpose of this section is to provide a fair and consistent approach to calculating prison sentences by considering the time already spent in detention.
Key Legal Elements
- •The accused must have undergone a period of detention.
- •The detention period must be related to the charges under this Chapter.
- •The sentence of imprisonment must be imposed under this Chapter.
- •The provisions of section 468 must apply for setting off the detention period.
Practical Example
Practical Example of Section 297 BNSS
For example, if Rajesh is detained for 6 months while awaiting trial and is then sentenced to 2 years in prison under this Chapter, the 6 months of detention will be set off against his sentence, resulting in a remaining prison term of 1.5 years.
Common Questions (FAQ)
Frequently Asked Questions about Section 297 BNSS
Q: What is the punishment or consequence under Section 297 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the calculation of prison sentences.
Q: Does this section apply to private individuals or public entities?
This section applies to accused persons, which could include both private individuals and public entities, but the specific applicability depends on the context of the charges under this Chapter.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the bailability or cognizability of an offence. It is a procedural provision related to the calculation of prison sentences.
People Also Ask (PAA)
Common Questions about Section 297 BNSS
What is Section 297 of BNSS?
Section 297 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Period of detention undergone by accused to be set off against sentence of imprisonment". In plain terms: This section means that the time an accused person spends in detention before their trial will be subtracted from their prison sentence if they are found guilty.
What is the punishment under Section 297 of BNSS?
Section 297 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 297 of BNSS bailable or non-bailable?
Whether Section 297 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 297 of BNSS?
The essential elements of Section 297 of BNSS are: The accused must have undergone a period of detention.; The detention period must be related to the charges under this Chapter.; The sentence of imprisonment must be imposed under this Chapter..
Landmark Case Laws
Landmark Judgments under Section 297 BNSS
Patnahcucisdb94 High Court (10 8)
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