Section 227 IPC: Violation of condition of remission of punishment

Indian Penal Code, 1860

Section 227 IPC at a Glance

Section 227 IPC 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; from 1 July 2024 it is replaced by Section 266 BNS.

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 ⓘ
BNS Equivalent

Section 266 →

Section 227 IPC Bare Act Text

227. 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 227, Indian Penal Code, 1860

Section 227 IPC in Simple Words

Section 227 of the Indian Penal Code (IPC) punishes a person who, having accepted a conditional remission of punishment, knowingly violates any condition on which that remission was granted.

The punishment is the one to which he was originally sentenced if he has suffered no part of it, and so much of it as he has not already suffered if he has suffered part.

The offence is cognizable, non-bailable, non-compoundable, and triable by the Court by which the original offence was triable.

Ingredients of Section 227 IPC

  • The accused was granted a conditional remission of punishment
  • The accused accepted the remission subject to that condition
  • The accused knowingly violated the condition on which the remission was granted

Punishment Under Section 227 IPC

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 227 IPC

In 2019, Harish was serving a sentence of four years of rigorous imprisonment in Mysuru for extortion after having undergone two years of that term. The government granted him a conditional remission of his punishment on the condition that he reside within Mysuru district and not enter Mangaluru. Harish accepted the conditional remission and was released. Two months later, knowing the condition on which the remission was granted, Harish moved to Mangaluru to run a timber shop. Harish is punishable under Section 227 IPC with so much of his original punishment as he had not already suffered.

When Section 227 IPC Does Not Apply

  • A convict receives an unconditional remission of sentence that attaches no obligations or restrictions to his release.
  • A prisoner is offered a conditional remission of punishment by the government but declines to accept it.
  • A released convict breaches a condition of his remission purely by accident or without knowledge of the facts constituting the breach.
  • The conduct complained of does not contravene any of the specific conditions on which the remission of punishment was granted.

Section 227 IPC in the BNS

Section 227 IPC is now covered under Section 266 BNS.

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

View detailed comparison (IPC 227 vs BNS 266) →

FAQs on Section 227 IPC

What does Section 227 IPC punish?▼

It punishes any person who, having accepted a conditional remission of punishment, knowingly violates any condition on which that remission was granted.

What punishment is awarded under Section 227 IPC?▼

The offender is punished with the original sentence if no part was suffered, or with so much of that punishment as was not already suffered.

Does Section 227 IPC prescribe an independent prison term or fine?▼

No. It revives the original sentence or its unexpired portion rather than providing an independent term of imprisonment or a separate fine.

What mental state is required to constitute an offence under Section 227 IPC?▼

The violation of the condition must be done knowingly.

Is an offence under Section 227 IPC bailable and cognizable?▼

An offence under Section 227 IPC is cognizable and non-bailable.

Which court tries an offence under Section 227 IPC?▼

The Court by which the original offence was triable.

Can an offence under Section 227 IPC be compounded?▼

No. Section 227 IPC is not compoundable under Section 320 CrPC.

Where is Section 227 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 266 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·