Section 428

Repealed Act 2 of 1974 As on 18 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 1 provision

This is a second copy of a Central Act. India Code files it on Delhi's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 428 of the Code of Criminal Procedure Act. 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

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: 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.]
Section 428, The Code of Criminal Procedure Act (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

s. 265H Power of the Court in plea bargaining

Questions about Section 428

How do I find court cases under Section 428 of the Code of Criminal Procedure Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure Act 428, section 428 Code Criminal Procedure Act, section 428 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 428 of the Code of Criminal Procedure Act, and has it changed?

1 other provision in this corpus refers back to it.

When was the Code of Criminal Procedure Act enacted?

Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

484. Repeal and savings25553 words
320. Compounding of offences1305 words
164. Recording of confessions and statements1142 words
167. Procedure when investigation cannot be completed in twenty-four hours1114 words
437. When bail may be taken in case of non-bailable offence998 words
220. Trial for more than one offence960 words

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.