Section-35A of CrPC: Deduction of imprisonment in cases where convicts may have been in custody

 

The Code of Criminal Procedure, 1898

(ACT NO. V OF 1898)

 PART II

CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES

CHAPTER III

POWERS OF COURTS

B.-Sentences which may be passed by courts of various Classes

Deduction of imprisonment in cases where convicts may have been in custody

35A. (1) Except in the case of an offence punishable only with death, when any court finds an accused guilty of an offence and, upon conviction, sentences such accused to any term of imprisonment, simple or rigorous, it shall deduct from the sentence of imprisonment, the total period the accused may have been in custody in the meantime, in connection with that offence.

(2) If the total period of custody prior to conviction referred to in sub-section (1) is longer than the period of imprisonment to which the accused is sentenced, the accused shall be deemed to have served out the sentence of imprisonment and shall be released at once, if in custody, unless required to be detained in connection with any other offence; and if the accused is also sentenced to pay any fine in addition to such sentence, the fine shall stand remitted.