BNS Section 266 – Violation of condition of remission of punishment
The Indian Penal Code (IPC) Section – 227
Understanding BNS Section 266: Violation of Condition of Remission of Punishment
The legal system sometimes grants conditional remission of punishment, allowing individuals to serve a reduced sentence under specific conditions. However, when someone knowingly violates these conditions, it undermines the purpose of such remission. Section 266 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 266 Say?
Section 266 deals with the act of knowingly violating the conditions of a remission of punishment. Here’s what the law states:
- Offense: If a person, who has been granted a conditional remission of punishment, knowingly violates any condition of such remission, they commit an offense.
- Punishment: The punishment for this offense depends on the original sentence:
- If no part of the original punishment has been served: The person will be punished with the full original sentence.
- If part of the original punishment has been served: The person will be punished with the remaining part of the original sentence.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Knowingly violating the conditions of a remission of punishment. |
| Punishment | Full original sentence (if no part served) or remaining part of the original sentence (if part served). |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Non-bailable: The accused cannot seek bail as a matter of right. |
| Court Jurisdiction | Trial is conducted by the Court that originally tried the offense. |
Why is This Law Important?
- Ensures Compliance with Conditions: It discourages individuals from violating the conditions of their remission.
- Maintains Integrity of Remission: It ensures that remission is not misused and serves its intended purpose.
- Protects Public Safety: It ensures that individuals who violate conditions face the consequences of their actions.
Examples of Offenses Under Section 266
- Example 1: A person granted remission on the condition of good behavior is found committing another crime.
- Example 2: An individual released on remission violates the condition of reporting regularly to authorities.
- Example 3: A person fails to comply with the condition of attending rehabilitation programs as part of their remission.
Conclusion
Section 266 of the BNS is a vital provision to ensure that individuals granted conditional remission of punishment adhere to the conditions set by the law. Knowingly violating these conditions is a serious offense, and the punishment depends on the original sentence. Always act responsibly and uphold the principles of justice.
If you have any questions or need further clarification, feel free to reach out to a legal professional. Stay informed, stay lawful!
Disclaimer: This blog is for informational purposes only and does not constitute legal advice.
