Set-Off Under Section 428 CrPC Can’t Be Claimed for Detention Undergone for Offence in Foreign Country: Supreme Court in Abu Salem’s Case

[12 July 2022] The Supreme Court, on Monday, held that law pertaining to setting-off of the period of detention undergone by accused against their sentence under Section 428 of the Cr.P.C. would not have extra-territorial application to trial and conviction, when the same have taken place for a local offence in a different country. It reiterated that the accused cannot claim a double benefit under Section 428 of the Cr.P.C. i.e., the same period being counted as part of the period of imprisonment imposed for committing the former offence and also being set off against the period of imprisonment imposed for committing the latter offence as well.

While passing judgment in Abu Salem’s plea seeking reading down of the term of the life sentence imposed by the Trial Court to 25 years as per the sovereign assurance given by that Indian Government to the Portuguese Republic at the time of his extradition, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh observed that as criminal law of the land does not have any extra-territorial application, what happens in another country, for some other trial, some other detention, would not be relevant for the proceedings in the country. The plea also sought setting-off of the period of detention undergone by Salem’s in Portugal against his life imprisonment.