Section 266 BNS: Violation of condition of remission of punishment

Bharatiya Nyaya Sanhita, 2023

Section 266 BNS at a Glance

Section 266 BNS deals with violation of condition of remission of punishment. It is non-bailable and cognizable, triable by The Court by which the original offence was triable; it replaced Section 227 IPC on 1 July 2024.

Punishment

Punishment to which the offender was originally sentenced if no part was suffered, or the unexpired residue if part of the punishment was already undergone.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ The Court by which the original offence was triable ⓘ
IPC Equivalent

Section 227 →

Section 266 BNS Bare Act Text

266. Violation of condition of remission of punishment

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.

Source: Section 266, Bharatiya Nyaya Sanhita, 2023

Section 266 BNS in Simple Words

Section 266 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who gets the benefit of remission of punishment, but then breaks a condition attached to that remission. In simple terms, if the government or competent authority releases or reduces a sentence on certain terms, and the person knowingly fails to follow those terms, this section can apply. This provision is aimed at prisoners or convicts who have been granted clemency, remission, or similar relief subject to conditions such as good conduct, reporting requirements, or remaining within a specified area.

The law treats breach of those conditions seriously because the remission is not unconditional. If the person violates the terms, the earlier benefit can be withdrawn and fresh punishment under this section may follow. In practice, this section matters because remission is often linked to discipline, supervision, and public safety.

A breach may lead not only to loss of the benefit already granted, but also to criminal liability. For a defence lawyer, the key issue is usually whether the condition was clear, whether the accused knew of it, and whether the breach was deliberate.

Ingredients of Section 266 BNS

  • Acceptance of conditional remission of punishment
  • Knowing violation of any condition attached to the remission
  • Revival of the original sentence or its unexpired residue

Punishment Under Section 266 BNS

Imprisonment

Punishment to which the offender was originally sentenced if no part was suffered, or the unexpired residue if part of the punishment was already undergone.

Fine

The section prescribes no fine of its own. The offender is punished with the punishment to which he was originally sentenced, or with so much of it as he has not already suffered.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ The Court by which the original offence was triable ⓘ

Knowingly violating a condition of remission revives the original sentence, requiring the offender to serve the full term or the remaining unexpired portion.

Example of Section 266 BNS

After receiving a conditional remission of the remainder of her sentence of five years imprisonment for theft, Sunita was released subject to the express condition that she report to the police station in Surat on the first day of every month. Sunita knowingly stopped reporting for several months. Sunita is liable under Section 266 BNS to be punished with so much of her original sentence as she has not already suffered.

When Section 266 BNS Does Not Apply

  • The remission granted was unconditional with no terms attached
  • The accused had never accepted the conditional remission
  • The accused did not knowingly violate any condition on which the remission was granted
  • The condition alleged to have been breached was not a condition on which the remission was granted

Section 266 BNS in the IPC (Previous Law)

Section 266 BNS replaces Section 227 IPC from the old criminal code.

Section 227 IPC is now Section 266 BNS, with the same title, the same words and the same punishment.

View IPC Section 227 →

FAQs on Section 266 BNS

What does Section 266 BNS punish?▼

It punishes breach of a condition attached to remission of punishment. The section applies when a convict receives relief from sentence on terms and then violates those terms. The focus is on non-compliance after lawful benefit has been granted.

Under Section 266 BNS, does every breach of remission conditions lead to criminal case?▼

Not always. The prosecution must show that there was a lawful condition, that the accused was bound by it, and that the condition was actually breached. If the condition was vague or the breach was not proved, liability may not stand.

Is the offence under Section 266 BNS bailable?▼

No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts and the seriousness of the allegations.

Under Section 266 BNS, what happens if the remission is cancelled?▼

Cancellation of remission and prosecution under this section are different things. The authority may withdraw the benefit, and the person may also face punishment under the penal law for the breach. The exact outcome depends on the terms of remission and the facts of the case.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·