Section 397A in The Code of Criminal Procedure, 1989 (1933 A. D.)
397A. [ Period of detention undergone by the accused to be set off against the sentence of imprisonment. [Section 397-A inserted by Act V of 1976, Section 2.]
- Where an accused person has on conviction been sentenced to imprisonment for a term, 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 where an accused person is in detention as an under trial and the period prescribed under law as the maximum period of sentence for the offence alleged to have been committed by him expires, he shall be entitled to bail.]
