Section 297 BNSS: Period of Detention to Be Set Off Against Sentence of Imprisonment

Section 297 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) applies the general rule in Section 468 BNSS to sentences of imprisonment imposed under Chapter XXIII on plea bargaining. In practical terms, eligible pre-conviction detention in the same case is credited against the term of imprisonment.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on July 1, 2024, subject to the exception stated in the commencement notification. Section 297 appears in Chapter XXIII, titled "Plea Bargaining."

Text of Section 297 BNSS

Section 297 - Bharatiya Nagarik Suraksha Sanhita, 2023

Period of detention undergone by accused to be set off against sentence of imprisonment.

297. The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita.

Meaning of Section 297 BNSS

Section 297 ensures that the set-off rule in Section 468 BNSS also applies when a sentence of imprisonment is imposed through the plea-bargaining framework in Chapter XXIII. The provision prevents qualifying detention already undergone in the same case from being ignored when the remaining term of imprisonment is calculated.

Section 468 BNSS provides the general rule. Where a person is convicted and sentenced to imprisonment for a term, detention undergone during the investigation, inquiry or trial of the same case before conviction is set off against that term. The rule does not cover imprisonment imposed in default of payment of fine.

Key point: Section 297 does not create a separate formula for plea-bargaining cases. Instead, it expressly imports the set-off mechanism of Section 468 into Chapter XXIII.

How Section 297 Works

The case must result in a sentence of imprisonment under the plea-bargaining chapter.
The period claimed as set-off must be detention connected with the same case.
Section 468 identifies detention during investigation, inquiry or trial before conviction as the relevant period.
The qualifying detention is credited against the term of imprisonment imposed on conviction.
Only the balance, if any, of the term remains to be undergone.
Imprisonment in default of payment of fine is outside the set-off rule stated in Section 468.

Section 297 and Section 468 BNSS

Provision	Function
Section 297 BNSS	Applies the Section 468 set-off rule to imprisonment imposed under Chapter XXIII on plea bargaining.
Section 468 BNSS	Provides the general set-off of qualifying pre-conviction detention in the same case against a term of imprisonment.

Why the Provision Matters

A plea-bargaining sentence may be imposed after the accused has already spent time in detention in the same case. Section 297 makes clear that such a sentence is not isolated from the ordinary set-off rule. The court and prison authorities must account for the period that qualifies under Section 468 while determining the balance of the sentence to be served.

Chapter XXIII: Plea Bargaining

Section 297 forms part of Chapter XXIII of the BNSS dealing with plea bargaining. The surrounding provisions address the application for plea bargaining, mutually satisfactory disposition, disposal of the case, judgment, finality of judgment and the powers of the court. Readers may use the related section links on this page to move through the chapter.

Official Legal Sources

For the current central text of the BNSS, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement date is stated in the Ministry of Home Affairs notification dated February 23, 2024.

Frequently Asked Questions

What is Section 297 BNSS?

Section 297 BNSS provides that Section 468 applies to set off qualifying detention undergone by an accused against a sentence of imprisonment imposed under the plea-bargaining chapter.

What period of detention can be set off?

Under Section 468, the relevant detention is detention undergone during investigation, inquiry or trial of the same case before the date of conviction, subject to the terms of that provision.

Does Section 297 apply to imprisonment in default of fine?

No. Section 468 expressly deals with a term of imprisonment other than imprisonment in default of payment of fine, and Section 297 applies Section 468 to the plea-bargaining chapter.

When did the BNSS come into force?

The Central Government appointed July 1, 2024 as the commencement date for the BNSS, subject to the exception specified in the notification.