Free tool · no login needed

Set-off & undertrial custody

Enter the periods of custody. The calculator counts the days, sets them off against the sentence under CrPC s. 428 / BNSS s. 468, and tells you when detention reaches one-half (or, under BNSS s. 479, one-third for a first-time offender) of the maximum sentence. The section text is shown word for word.

1. Which Code

The BNSS came into force on 1 July 2024. BNSS s. 531(2)(a): an investigation, inquiry, trial, appeal or application pending before that date continues under the CrPC. Use the old law → new law tool if unsure.

2. Detention during investigation, inquiry or trial of the same case

Both the day of arrest and the day of release count as days of detention. Overlapping periods are counted once. Only detention in this case counts.

3. Conviction and sentence
Term of imprisonment (not imprisonment in default of fine)
Result — set-off under BNSS s. 468

Enter the custody, the date of conviction and the term.

Verify against the Act and the jail records. The calculator counts calendar days as stated in the working; it does not apply remission, s. 433A/475 limits, or any order of the court on delay.
BNSS, 2023, s. 468 — text
468. Period of detention undergone by accused to be set off against 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: Provided that in cases referred to in section 475, such period of detention shall be set off against the period of fourteen years referred to in that section.
Source: India Code, The Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) · official text

A research aid, not legal advice. Section texts: BNSS from India Code; CrPC from the Supreme Court Legal Services Committee’s copy of the Legislative Department text (India Code no longer lists the repealed Code). Periods of months and years are calendar periods; the day counts are shown so you can check them.