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Question Bank
Question
What is the primary objective of Section 428 of the Code of Criminal Procedure, 1973?
Solution
The primary objective of Section 428 of the Code of Criminal Procedure, 1973 is to remedy a significant hardship faced by accused persons. Before its introduction, individuals could be detained for lengthy periods during the investigation, inquiry, or trial stages, sometimes even longer than the ultimate sentence of imprisonment imposed upon their conviction. This provision mandates that the period of detention undergone by an accused person during these pre-conviction stages for the same case must be set off against the final term of imprisonment sentenced by the court. This ensures that the total time spent in custody is accounted for, preventing undue incarceration.
Question
Under what specific condition can an accused person claim the benefit of set-off under Section 428 of the Cr.P.C.?
Solution
An accused person can claim the benefit of set-off under Section 428 only under one specific condition: the period of detention they are seeking to set off must have been undergone specifically during the investigation, inquiry, or trial of the very same case in which they have now been convicted and sentenced. The detention and the subsequent sentence must be intrinsically linked to the same set of proceedings. This provision is designed to credit the time spent as an under-trial in a particular case against the final sentence for that same case.
Question
Can a person claim set-off for a period when they were already serving a sentence of imprisonment for a different offence?
Solution
No, a person cannot claim set-off under Section 428 for a period during which they were already undergoing a sentence of imprisonment imposed upon conviction for a separate and distinct offence. If an individual is already serving a sentence for one crime, any subsequent detention in connection with the investigation or trial of a different case during that same period is not considered eligible for set-off. This is because the detention during that time is, in reality, part of the imprisonment they are already serving for the first offence, and the law does not permit a double benefit for the same period of custody.
Question
What is the legal principle that prevents an accused from claiming set-off for detention during the trial of a subsequent case while serving a sentence for a prior conviction?
Solution
The legal principle that prevents such a claim is the prohibition against double benefit. The law explicitly states that the same period of custody cannot be counted twice—once as service of the sentence for the first offence and again as a set-off against the sentence for a subsequent offence. The period of detention during the trial of a later case, if it coincides with the service of a sentence for a prior conviction, is legally regarded as part of the imprisonment undergone for the first offence. Therefore, it cannot be set off against the new sentence, as this would amount to an unjustified double deduction.
Question
How does Section 427 of the Cr.P.C. interact with the principle of set-off under Section 428 when a person is convicted of multiple offences at different times?
Solution
Section 427 of the Cr.P.C. governs how sentences of imprisonment are to run when a person already undergoing a sentence is convicted for another offence. Typically, unless the court specifically orders that the sentences shall run concurrently, the subsequent sentence will commence only after the expiration of the prior sentence. The principle of set-off under Section 428 operates within the confines of a single case and does not override the sequential running of sentences mandated by Section 427. The set-off is applied only to the sentence of the case to which the pre-conviction detention pertains, and it does not allow for the overlapping of sentences from different cases unless a concurrent run is expressly directed by the court.
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