TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether section 428 of the Code of Criminal Procedure, 1973 applies to a sentence of imprisonment for life, so that the period of pre-conviction detention as an undertrial prisoner must be set off against the life sentence.
Analysis: The provision was construed on its own terms, without importing limitations from jail manuals. The expression "imprisonment for a term" was held to include imprisonment for life, because the term of such imprisonment is the convict's life and the statute contains no requirement that the term be fixed or ascertainable. The marginal note and the object of the provision supported a liberal construction in favour of set-off. The contrary view in Kartar Singh was disapproved. The Court also noted that section 433A of the Code of Criminal Procedure, 1973 regulates minimum actual imprisonment in specified cases, and that remission or commutation under sections 432 and 433 operates in the relevant field.
Conclusion: Section 428 applies to life convicts, and pre-conviction detention must be set off against a sentence of imprisonment for life, subject to section 433A and any order under sections 432 or 433 of the Code of Criminal Procedure, 1973.
Ratio Decidendi: A sentence of imprisonment for life is imprisonment for a term within the meaning of section 428 of the Code of Criminal Procedure, 1973, and therefore the period of detention undergone before conviction is liable to be set off against that sentence.
TaxTMI 
TaxTMI 
