4. Insertion of new section 238A in the principal enactment

The following new section is hereby inserted immediately after section 238 of the principal enactment and shall have effect as section 238A of that enactment: -

238A. (1) At the time of passing the sentence, the Judge may, after considering all relevant facts take into cognizance the time spent by such accused in custody prior to the conviction of the offence he is convicted of, and in such cases the time so spent in custody, shall be considered to be part of his sentence:

Provided that, where the time spent by such accused in custody is not considered to be part of his sentence, the Judge shall record reasons therefor:

Provided further, the time so spent in custody by the accused prior to the conviction shall not be taken into consideration where a mandatory minimum sentence is stipulated by law in respect of the offence the accused is charged with.

For the purpose of this section,