Bharatiya Nagarik Suraksha Sanhita

Section 468

Period of detention undergone by accused to be set off against sentence of imprisonment

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⚡ Quick Answer Reference: Section 468 BNSS

Provision: Section 468 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
Jurisdiction: India
Summary: This section means that if someone is convicted and sentenced to imprisonment, the time they spent in detention before conviction will be subtracted from their sentence.

Statutory Content

What does Section 468 of BNSS say?

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 475, such period of detention shall be set off against the period of fourteen years referred to in that section.

Indian StandardSection 468, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 468 (India)

Court Pleading StandardSection 468 of the Bharatiya Nagarik Suraksha Sanhita

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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 468 of BNSS mean?

Plain English Explanation

This section means that if someone is convicted and sentenced to imprisonment, the time they spent in detention before conviction will be subtracted from their sentence.

Practical Interpretation

In practice, this section ensures that accused persons are not unfairly punished for time already spent in detention, promoting fairness in sentencing.

Core Legal Purpose

The core purpose is to prevent double punishment for the same period, ensuring that the accused's total imprisonment duration is fair and just.

Key Legal Elements

•The accused must have been sentenced to imprisonment for a term, excluding imprisonment in default of payment of fine.
•The accused must have undergone detention during the investigation, inquiry, or trial before conviction.
•The key legal test is whether the detention was undergone before the date of conviction for the same case.
•The key exception is in cases referred to in section 475, where the period of detention is set off against a fourteen-year period.

Practical Example

Practical Example of Section 468 BNSS

Rajesh is accused of a crime and spends 6 months in detention during the trial. He is then convicted and sentenced to 2 years of imprisonment. Under this section, the 6 months he spent in detention will be set off against his 2-year sentence, so he will only have to serve 1.5 years of imprisonment.

Common Questions (FAQ)

Frequently Asked Questions about Section 468 BNSS

Q: What is the punishment or consequence under Section 468 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It deals with the adjustment of imprisonment terms.

Q: Does this section apply to private individuals or public entities?

This section applies to accused persons, which can include private individuals, but its applicability to public entities depends on the context of the case and other legal provisions.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with the classification of offences as bailable or cognizable. It is concerned with the calculation of imprisonment terms.

Common Questions about Section 468 BNSS

What is Section 468 of BNSS?

Section 468 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 if someone is convicted and sentenced to imprisonment, the time they spent in detention before conviction will be subtracted from their sentence.

What is the punishment under Section 468 of BNSS?

Section 468 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 468 of BNSS bailable or non-bailable?

Whether Section 468 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 468 of BNSS?

The essential elements of Section 468 of BNSS are: The accused must have been sentenced to imprisonment for a term, excluding imprisonment in default of payment of fine.; The accused must have undergone detention during the investigation, inquiry, or trial before conviction.; The key legal test is whether the detention was undergone before the date of conviction for the same case..

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