Setoff U/Sec 428 CrPC only applies if the convict's detention is in the' same case'- Supreme Court

The Supreme Court, the advantage of Section 428 CrPC can only be used if the convict was detained throughout the same investigation, inquiry, or trial.

According to Section 428 of the Criminal Procedure Code, the accused's detention time may be deducted from their sentence or length of incarceration. The period of detention, if any, experienced by the accused during the investigation, inquiry, or trial of the same case and prior to 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, the law states.

On September 22, 2022, Shivinder Mohan Singh was found guilty of contempt of court and given a six-month prison term. In his miscellaneous application, he argued that, as of the date he was brought to the Supreme Court from Jail No. 7, Tihar Jail, New Delhi, he was already being held in custody in connection with another case. He requested clarification in order that the six (Six) month sentence be judged to have started on February 3, 2020, rather than September 22, 2020. It was decided to rely on Section 428 CrPC.

The court denied his request for the incarceration he was subjected to in connection with another case to be treated as the confinement he was subjected to in the contempt of court case, noting the requirements of Section 428 CrPC and relevant case law in the process.

Vinay Prakash Singh vs Sameer Gehlaut