Period of detention undergone by the accuser to be set off against the sentence of imprisonment, What is Saving? What is Return of warrant on execution of sentence? What is Money ordered to be paid recoverable as a fine? Section 428, 429, 430 and 431 of Code of Criminal Procedure 1973

Period of detention undergone by the accuser to be set off against the sentence of imprisonment, Saving, Return of warrant on execution of sentence and Money ordered to be paid recoverable as a fine are defined under Section 428, 429, 430 and 431 of CRPC 1973. Provisions under these sections are:

 

 

 

 

 

Section 428 of CRPC "Period of detention undergone by the accuser to be set off against the sentence of imprisonment"

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.

 

Section 429 of CRPC "Saving"

(1) Nothing in Section 426 or Section 427 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences

 

Section 430 of CRPC "Return of warrant on execution of sentence"

When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.

 

Section 431 of CRPC "Money ordered to be paid recoverable as a fine"

Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine:

Provided that Section 421 shall, in its application to an order under Section 359, by virtue of this section, be construed as if in the proviso to sub-section (1) of Section 421, after the words and figures "under Section 357", the words and figures "or an order for payment of costs under Section 359" had been inserted.

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