Court-martial sentences are outside CrPC set-off rules because the Army Act provides a self-contained sentencing scheme.

Section 428 of the Code of Criminal Procedure does not apply to persons convicted and sentenced by Court-Martial under the Army Act, 1950. The Army Act is a complete and self-contained code governing offence, trial, punishment, confirmation, execution and remission, and Section 167 specifically fixes when Court-Martial imprisonment begins. Section 5 of the Code preserves special laws, while Section 475 shows that Parliament distinguished ordinary criminal trials from Court-Martial proceedings. Because Court-Martial proceedings are not conducted under the Code, the set-off mechanism in Section 428 is unavailable.

---

---

Issues: Whether Section 428 of the Code of Criminal Procedure, 1973 applies to persons convicted and sentenced by Court-Martial under the Army Act, 1950.

Analysis: Section 5 of the Code preserves the operation of special laws and special procedures, and the Army Act, 1950 provides a complete and self-contained scheme covering offences, trial by Court-Martial, punishment, confirmation, execution of sentences, and remission. Section 167 of the Army Act specifically fixes the commencement of imprisonment imposed by Court-Martial, leaving no room for resort to the general set-off provision in Section 428 of the Code. Section 475 of the Code also distinguishes trial by a court to which the Code applies from trial by Court-Martial, indicating that Parliament intended the Code not to govern Court-Martial proceedings. The definitions of "investigation" and "inquiry" in the Code further show that the preconditions for Section 428 are absent in Court-Martial cases, because such proceedings are not conducted under the Code.

Conclusion: Section 428 of the Code of Criminal Procedure, 1973 is not applicable to persons convicted and sentenced by Court-Martial under the Army Act, 1950.

---