Section 428 Period of detention undergone by the accused to be set off against the 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 be fore 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 a cases referred to in section 433 A ,Such period of Detention shall be set off against the period of fourteen years referred to in that section.
(1)Benifit of Set off under section 428 is not available to life convicts;Kartar Singh v. State of Haryan ,AIR 1982 SC 1433.
(2) Detention Under the preventive laws is not punitive but essentially a precautionary measure intended to prevent and intercept a person before he commits an infra -active act which he had done earlier;Malyakkal abdul azeez v. Assistant collector AIR 2003 SC 928.