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    A is an accused of theft After arrest he remained 90 days in preventive detention. After this, he was imprisoned for one year. Is he entitled to a set
    Question

    A is an accused of theft After arrest he remained 90 days in preventive detention. After this, he was imprisoned for one year. Is he entitled to a set-off of 90 days?

    A.

    Yes

    B.

    No

    C.

    Entitled to set off for 45 days

    D.

    Entitled to set off for 30 days

    Correct option is A


    Under Section 428 of the Cr.P.C., the period of detention undergone by an accused during the investigation, inquiry, or trial is set off against the term of imprisonment imposed on them. Therefore, A is entitled to set-off the 90 days spent in preventive detention against his sentence of one year.
    Information Booster Section 428 Cr.P.C. ensures that any period of detention undergone by an accused before the conviction is deducted from the sentence of imprisonment. This provision is based on the principle that a person should not be punished twice for the same period of detention.
    Additional Knowledge
    · Preventive Detention: The detention of a person without trial, to prevent them from committing an offense.
    · Set-off: Deducting the period of pre-trial detention from the sentence imposed after conviction.

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