Introduction of 266 BNS
266 BNS of the Bharatiya Nyaya Sanhita focuses on individuals who violate the terms of conditional remission of punishment. When a person is granted a reduced sentence or suspension under specific conditions, compliance is mandatory. If they knowingly disobey these conditions, the law restores their original sentence, either fully or partially. This provision ensures that remission is treated as a privilege and not misused, thereby upholding accountability, discipline, and the credibility of the justice system.
The Bharatiya Nyaya Sanhita (BNS) Section 266 replaces the old Indian Penal Code (IPC) Section 227.
What is BNS Section 266 ?
BNS Section 266 punishes anyone who, after accepting a conditional remission of punishment, knowingly violates the conditions attached to that remission. It restores the punishment that was originally imposed, ensuring fairness and accountability.
Section 266 BNS Overview
BNS Section 266 punishes individuals who violate the terms of a conditional remission of punishment. If someone accepts a reduced or suspended punishment under specific conditions and knowingly breaks those conditions, they must serve the original punishment or the remaining part of it, ensuring accountability for such violations.
10 Key Points of BNS Section 266
1. Conditional Remission – Meaning in Simple Words
Conditional remission means that a person’s punishment is reduced or paused for some time, but only if they follow certain rules set by the court or government. It gives the offender a chance to live in society with some freedom while still being under observation. This relaxation is a privilege, not a right, and the person must obey all the conditions attached to the remission.
2. What Happens if Conditions Are Broken
If the person knowingly breaks the rules of remission, it is considered a violation under this section. This includes any action that shows disobedience to the set conditions.
Example: If the person was required to report to the police every week but stops doing so on purpose, it is a clear violation. Once the rule is broken, the protection of remission ends and the punishment gets activated again.
3. When Full Punishment is Restored
If the person had not yet served any part of the original punishment, then after violating remission, they must undergo the complete original sentence as it was ordered earlier. This rule ensures that a person does not misuse the leniency given by the justice system. It sends a message that conditional freedom must be respected.
4. Serving the Remaining Sentence
If the person has already served some part of the sentence before getting remission, then only the unserved portion of the punishment will be imposed again. This is done to maintain fairness because the law recognises that the person has already spent some time in jail. Thus, only the remaining balance of imprisonment must be completed.
5. Cognizable Offense – Police Can Act Immediately
Violating the conditions of remission is a cognizable offense, meaning the police can arrest the person without waiting for a court order or warrant. This allows quick action so that the person cannot escape or misuse the freedom any further. It highlights the seriousness of the offense.
6. Non-Bailable Offense – Court Controls Bail
This offense is non-bailable, which means the accused cannot demand bail as a right. They must go to court, and bail will be granted only if the court is satisfied that the person deserves it. This strict rule ensures that offenders cannot easily avoid the consequences after breaking remission terms.
7. Case Heard by the Same Court
Cases under BNS Section 266 are usually handled by the same court that gave the original punishment. This makes the process easier and faster because the judge already knows the case background and the conditions of remission. It also reduces confusion or delay in the legal process.
8. Purpose – To Promote Responsibility and Obedience
One of the main goals of this section is to make sure that people who receive conditional remission act responsibly. It encourages them to follow the rules and maintain good behaviour. This system protects the legal process from being misused by those who take advantage of leniency and then ignore the law.
9. What Conditions May Include
The conditions of remission can be different for each case. Some common terms include:
• Reporting regularly to the police or probation officer
• Not committing any new offense
• Staying within a particular area
• Avoiding certain people or activities
If the person knowingly disobeys such conditions, the remission gets cancelled and punishment returns.
10. Why Section 266 is Important
This section ensures that remission is taken seriously and not treated as a free escape from punishment. It protects the justice system by making sure offenders respect the leniency they receive. It maintains a balance between giving a second chance and ensuring accountability.
Examples of BNS Section 266
Example 1:
A prisoner is released early under the condition of reporting to the local police every month. They intentionally stop reporting after three months. The original sentence is restored due to this violation.
Example 2:
A person convicted of fraud is granted remission on the condition of not engaging in any financial transactions. However, they start operating a business, violating the condition, and must serve the remaining part of their original punishment.
BNS 266 Punishment
- If the person has not served any part of the original punishment, the full punishment is restored.
- If the person has served a part of the punishment, only the remaining unserved portion is enforced.
BNS 266 bailable or not ?
BNS Section 266 is a non-bailable offence, meaning bail is not granted automatically and requires judicial discretion.
Comparison : BNS Section 266 vs IPC Section 227
| Section | What it Means | Punishment / Consequence | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 266 | Applies to anyone who, after receiving a conditional remission of punishment, knowingly violates the conditions attached to that remission. The section ensures that remission remains a privilege, not a right, and violation leads to restoration of the original sentence. | Restoration of the original punishment if not served at all, or enforcement of the remaining unserved portion of the sentence. Ensures accountability and prevents misuse. | Non-Bailable | Cognizable | Tried by the court where the original offence was triable (the sentencing court). |
| IPC Section 227 (Old) | Applied to individuals who breached the conditions of remission granted under a sentence. The purpose was to ensure that leniency granted under remission could be revoked upon non-compliance. | Original sentence restored or remaining part enforced. The effect was identical — breach of remission conditions revived the punishment. | Non-Bailable | Cognizable | Tried by the original sentencing court. |
| Key Difference: BNS Section 266 modernizes the wording of IPC Section 227 while retaining its core intent. The new code emphasizes accountability and deterrence by clearly defining the consequences of violating remission conditions. It ensures that conditional remission remains a reformative privilege — not a loophole to evade justice. | |||||
BNS Section 266 FAQs
What is conditional remission of punishment?
It is when a person’s punishment is reduced or suspended on specific conditions, and they must comply with those conditions.
What happens if someone violates the conditions of remission?
The original punishment is reinstated, either fully or partially, based on how much of it was already served.
Is BNS Section 266 cognizable?
Yes, the offence under this section is cognizable, allowing the police to take action without prior court approval.
Can a person get bail under BNS Section 266?
No, it is a non-bailable offence, meaning bail is granted only at the court’s discretion.
Who tries cases under BNS Section 266?
The case is tried by the court where the original offence was triable.
Conclusion
BNS Section 266 plays a crucial role in balancing leniency with accountability. While conditional remission gives offenders a chance to reform, violating its terms proves unworthiness of that privilege. By restoring the original punishment and making the offence cognizable and non-bailable, the law ensures that remission is respected as a legal trust, not exploited as a loophole. It strengthens the credibility of judicial relief and upholds discipline within the justice system.
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Finished with BNS 266 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 267 BNS : Intentional disrespect or interruption of a public servant while in judicial proceeding.
- https://marriagesolution.in/bns_section/267-bns/
- 268 BNS : Personation of an assessor.
- https://marriagesolution.in/bns_section/268-bns/
- 269 BNS : Failure by person released on bail or bond to appear in court.
- https://marriagesolution.in/bns_section/269-bns/
Chapter XV – Of Offences Affecting The Public Health, Safety, Convenience, Decency And Morals.
- 270 BNS : Public nuisance.
- https://marriagesolution.in/bns_section/270-bns/
- BNS 271 : Negligent act likely to spread infection of disease dangerous to life.
- https://marriagesolution.in/bns_section/bns-271/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list