BNS Section 266: Violation of Remission Conditions

Section 266 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section specifically deals with violation of court conditions. Let us take a closer look at its provisions.

Definition of BNS Section 266

Section 266 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.”

Explanation and Illustration of Section 266

This section is applicable to certain persons within the sovereign borders of India. It deals with the offence of violating conditions of clemency by court. Let us break down the section to get a better understanding of it.

Offence

Remission refers to a reduction in punishment or sentence. As against the popular notion, the general principle behind penal laws is not just punishment. The principle of reforming convicts and reintegrating them back into society is at the core of the justice system. With this in view, the justice system has a machinery of reducing punishment of certain types of prisoners. This depends from case to case. But some common situations where remission is granted is as follows:

Self defence - When someone has committed a crime out of self defence, then the court may require the person to serve some part of the sentence, but may grant remission after observing the prisoner’s remorse, adherence to prison rules and general behaviour. If found satisfactory, the court may reduce such a sentence.

Coercion - When a person has been blackmailed or extorted into committing a crime, he or she may be sentenced to punishment as prescribed by the law. But as described above, if there is scope for reformation and reintegration the court may be open to remitting a sentence.

Insanity - Sometimes, a person may commit a crime in a state of shock or temporary mental instability. In such cases too, the court may request an assessment from an authorised psychiatrist and allow for such persons to be let go after due observation and therapy.

Petty crimes - When a person is found to have committed a petty crime such as pickpocketing or fighting in public places, then depending on the person’s past record, standing in society and the person’s remorse and subsequent behaviour can compel a court to be lenient in awarding punishment and may agree to remit the sentence based upon due observations.

However, in most of these cases, the court also establishes certain ground rules and conditions before remitting the sentence. This is what is called conditional remission. The rules and conditions will depend on the crime and the reasons for the remission. But general conditions would include:

Notifying the local police of the place of residence for a fixed period of time.

Notifying the police on change of residence for a fixed period of time.

Notifying the police while travelling out of the city/town/district for a fixed period of time.

Refraining from certain activities or locations that were key to the circumstances of the crime for which remission has been granted.

When a person has been granted remission of their punishment based on such conditions and when there is failure to meet those conditions, then the person shall be considered an offender under the provisions of Section 266.

Punishment

When a person has broken the conditions of remission, the remission will be deemed rescinded and the person shall have to carry out the sentence as originally intended. There are two kinds of punishment under the section.

If the person has already suffered no part of that punishment, then he or she shall serve the entire sentence starting from the day he is returned to custody for breaking the condition of remission.

And if he or she has suffered any part of that punishment, then he shall pick up the punishment right where he or she left it while being granted remission and shall serve the rest of the sentence as originally intended.

Illustration

A, an 18 year old man, was sentenced to 6 months in prison for causing public nuisance. However, considering his age, past record and a good behaviour certificate from the prison warden, A is granted remission after one month under the condition that he report to the local police station every fifteen days to register his presence. However, he skips two such appearances. He is an offender under the provisions of Section 266 and shall be required to return to prison and serve the remaining five months of the sentence that were remitted previously.

Disclaimer:

The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS 266

This section deals with: Violating conditions of remission.

Description of offence:

Any person whose sentence has been conditionally remitted and fails to comply with the conditions of the remission shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section shall be punished by reinstating the original sentence as is, if the offender had not served any of the original sentence during the time of remission. And if he or she has already suffered part of the original sentence at the time of remission, then they would be required to serve the remainder of the sentence as if they never received remission.

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 266 of BNS and its equivalent IPC section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 266 of BNS replaces Section 225B of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
265	Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.	225B	No change in provisions for offence.

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FAQs about Section 266 of the Bharatiya Nyay Sanhita (BNS)

What happens if a person violates the conditions of remission?

Any person who violates the conditions of remission shall be punished by reinstating the original sentence as is, if the offender had not served any of the original sentence during the time of remission. And if he or she has already suffered part of the original sentence at the time of remission, then they would be required to serve the remainder of the sentence as if they never received remission.

Is there a difference in punishment based on whether the individual has served part of their sentence?

Yes. If the person has already served part of the sentence at the time of remission, then he or she is not required to serve that time if the remission is cancelled and will only be required to serve the remainder of the sentence.

Can a person get bail under BNS Section 266?

Section 266 is a non-bailable offence.

What is the meaning of remission of punishment?

Remission of punishment refers to the cancellation of a person’s punishment. It can be ordered by the presiding judge under certain legal circumstances.