Section 297 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 297 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 297 of the BNSS, 2023, addresses the setting off of the period of detention undergone by the accused against the sentence of imprisonment. It states:
The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita
This provision ensures that any period of detention already undergone by the accused is deducted from the total sentence of imprisonment imposed upon conviction.
Explanation:
Section 297 mandates that the period an accused person has already spent in detention is to be subtracted from the total sentence of imprisonment they receive upon conviction. This is in line with the provisions of Section 468 of the BNSS, which outlines how such deductions are to be applied.
The purpose of this provision is to ensure that individuals are not penalized for time they have already spent in custody during the trial process.
Comparison with the Code of Criminal Procedure (CrPC):
Section 297 of the BNSS corresponds to Section 428 of the CrPC, 1973, which similarly provides for the setting off of the period of detention undergone by the accused against the sentence of imprisonment. Both provisions aim to ensure fairness in the sentencing process by accounting for pre-conviction detention.
Illustrative Example:
Scenario: An individual, Ravi, is accused of theft and is detained for 6 months during the trial. Upon conviction, he is sentenced to 2 years of imprisonment.
Application of Section 297:
Pre-conviction Detention: Ravi has already spent 6 months in detention.
Sentence Imposed: He is sentenced to 2 years (24 months) of imprisonment.
Deduction: The 6 months of pre-conviction detention are deducted from the 24-month sentence.
Final Sentence: Ravi will serve 18 months in prison after accounting for the time already spent in detention.
This process ensures that Ravi is not penalized for the time he has already spent in custody.
Conclusion:
Section 297 of the BNSS, 2023, aligns with established legal principles to ensure that individuals are not unjustly penalized for time spent in pre-conviction detention. By providing a clear mechanism for setting off such periods against the total sentence, it promotes fairness and justice in the criminal justice system.
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