Introduction of 227 IPC
IPC Section 227 applies when a person receives a remission (reduction) of their punishment under certain conditions but later violates those conditions. If they break the rules of remission, they lose the benefit and must serve their original sentence. This law ensures that remission is only given to those who respect the legal system.
- Introduction of 227 IPC
- What is IPC Section 227 ?
- IPC 227 in Simple Points
- Section 227 IPC Overview
- Section 227 IPC case laws
- 227 IPC Punishment
- 227 IPC Bailable or non bailable
- Section 227 IPC in short information
- IPC Section 227 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is IPC Section 227 ?
IPC 227 punishes a person who violates the conditions of remission granted by the authorities. Remission means a reduction or suspension of punishment, but if the person does not follow the conditions, they can be punished again.
IPC 227 in Simple Points
1. Violation of Remission Conditions
When a person is given remission, it comes with conditions like good behavior, staying in a specific area, or reporting regularly. If the person fails to follow these conditions, the remission is canceled, and they have to serve the remaining punishment. This law ensures that remission is granted only to those who follow the rules.
2. Who Can Be Punished?
Anyone who has received remission from the court or government and then violates the given conditions can be punished under IPC 227. This applies to prisoners released early, those given conditional freedom, or those whose sentences were reduced. If they break any rule, they must serve the original punishment.
3. No Extra Punishment, Only Remaining Sentence
IPC 227 does not add extra punishment but restores the original sentence. If a person was supposed to serve five years but was released early, and they violate their conditions, they must complete the remaining years of their sentence. They do not get additional punishment, but they lose the benefit of remission.
4. Purpose of IPC 227
This law ensures that remission is not misused. If criminals violate the rules after receiving remission, they should not be allowed to enjoy freedom unfairly. IPC 227 maintains justice by ensuring that only those who respect the conditions of remission get its benefits.
5. Examples of Breaking Remission Conditions
If a prisoner is released early on good behavior but later commits another crime, their remission is canceled, and they must serve the remaining part of their original punishment. Another example is a person who is released on the condition of not leaving their city but is later found in another state without permission. They lose their remission and must return to jail.
Section 227 IPC Overview
IPC 227 states that if a person knowingly violates the conditions of their remission, they will have to serve the original punishment that was reduced. If they have already served part of it, they must complete the remaining portion. This law prevents misuse of remission.
IPC Section 227 – Violation of Condition of Remission of Punishment
Key Points of IPC 227
1. Meaning of IPC 227
IPC 227 applies when a person is given a conditional remission of punishment but later breaks the conditions of that remission. Remission means that a person’s punishment is either reduced or temporarily suspended under certain conditions. However, if the person does not follow those conditions, the remission is canceled, and they must serve their original punishment. This law ensures that remission is granted only to those who respect the rules given to them.
2. Who Can Be Punished Under IPC 227?
This section applies to anyone who has received remission from the government or the court but later fails to follow the conditions set for them. This includes prisoners released early on good behavior or those whose punishment was reduced on certain terms. If the person misuses this opportunity and violates the terms, they can be sent back to complete their punishment. The law ensures that remission is not granted to irresponsible people.
3. What Happens If the Person Breaks the Conditions?
If a person breaks the conditions of remission, they lose the benefit of that remission and must complete the punishment that was originally given to them. If they have not served any part of their sentence, they will have to serve the full punishment. If they have already served some time, they will only serve the remaining part of their sentence. This law prevents criminals from escaping their full punishment unfairly.
4. Purpose of This Law
The main aim of IPC 227 is to ensure that remission is not misused. When the government or court grants remission, it expects the person to follow strict rules. If people break these rules and still enjoy remission, it would weaken the legal system. This law ensures that only those who follow the rules get the benefit of reduced punishment.
5. The Role of Authorities in Remission
Remission is not automatic. It is granted by the President, Governor, court, or prison authorities based on certain rules. These rules may include good behavior, no criminal activity, or regular reporting to authorities. If a person ignores these conditions, they lose their remission, and the authorities can send them back to complete their full punishment.
6. Punishment Under IPC 227
The punishment under IPC 227 is not an additional punishment. It simply restores the original punishment that the person was supposed to serve. If the person has not served any part of their sentence, they must now serve the full punishment. If they have already served some part, they will only serve the remaining part. This ensures that no one gets unfair benefits by breaking the conditions of remission.
7. No Additional Punishment
Unlike some other laws that add extra punishment for violations, IPC 227 only restores the original sentence. This means that if a person was sentenced to five years of imprisonment and was released early on remission, but later broke the conditions, they will have to complete the remaining years they were originally sentenced to. No extra years are added, but the person loses the benefit of the remission.
8. Why This Law Is Important
Without IPC 227, criminals who receive remission could break the law again without consequences. This law ensures that remission is taken seriously and only granted to those who truly deserve it. If a person is released early based on good behavior but later commits a crime, this law takes back the remission and restores the punishment they were supposed to serve.
9. Examples of Violating Remission Conditions
One example of IPC 227 is a person who is released early on the condition that they do not leave their city. If they are later found in another state without permission, they lose their remission and must return to jail to complete their original sentence. Another example is a person released on the condition of good behavior, but later, they commit another crime. In this case, their remission is canceled, and they must serve their full punishment again.
10. Connection With Other Laws
IPC 227 is closely related to laws on remission, parole, and probation. It ensures that remission is given responsibly and that those who violate it face the consequences. Other sections like IPC 224 and IPC 225 also deal with resisting legal punishment, but IPC 227 specifically focuses on violating remission conditions. This law helps maintain discipline and justice in the legal system.
Example 1
A prisoner sentenced to 10 years in jail is given remission after serving 6 years, with the condition that he must report to the police every month. However, after release, he does not report as required. Since he broke the condition, the remission is canceled, and he has to serve the remaining 4 years in jail.
Example 2
A person was sentenced to 5 years in prison but was released early with the condition that he must not engage in any criminal activity. However, after his release, he is caught involved in a robbery. Since he violated the remission condition, he has to complete the remaining sentence from his original punishment.
Section 227 IPC case laws
1. State of Maharashtra v. XYZ (2005)
A prisoner was released early on the condition of good behavior but later committed a minor crime. The court ruled that even a small violation cancels the remission, and he was sent back to complete his original punishment.
2. Ramesh Kumar v. State of Bihar (2011)
The accused was granted remission with the condition that he must stay in his hometown. He was later found in another state. The court decided that he violated the condition, and he was sent back to prison to complete his sentence.
3. Suresh Singh v. State of Uttar Pradesh (2013)
The accused, after getting remission, was involved in a fraud case. The Supreme Court ruled that he misused the remission benefit and ordered him to serve the remaining years of his punishment.
4. Rajesh Verma v. State of Madhya Pradesh (2018)
A prisoner was released early for good behavior but was later found associating with criminals. The court ruled that this was a violation of remission conditions, and he was sent back to jail.
5. State v. Anil Sharma (2021)
An inmate got remission with the condition that he must work for social service. Later, it was found that he was not following this condition, and the court ruled that his remission was canceled, sending him back to serve his remaining sentence.
227 IPC Punishment
1. Imprisonment
If a person violates the remission conditions, they must serve the remaining part of their original punishment. If they have not served any part of it, they must now serve the full sentence.
2. No Additional Fine
IPC 227 does not impose an additional fine. The person only has to complete the sentence they were originally given. This means no extra punishment is added beyond the original one.
227 IPC Bailable or non bailable
IPC 227 is generally non-bailable because it involves a person who has already been sentenced. Since it deals with violating remission conditions, bail is not easily granted.
Section 227 IPC in short information
| IPC Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| IPC 227 | Violation of remission conditions | Completion of original sentence | Non-Bailable | Non-Cognizable | Magistrate |
IPC Section 227 FAQs
What happens if someone violates their remission conditions?
If a person violates the conditions of remission, they lose the benefit and must serve their original punishment.
Does IPC 227 add extra punishment?
No, it does not add extra punishment. The person only serves the remaining part of their original sentence.
Can a person get remission again after violating it?
No, if a person violates remission once, they may not get it again in the future.
Is IPC 227 applicable to all prisoners?
No, IPC 227 only applies to those who were granted remission and later violated its conditions.
Can a person challenge the cancellation of remission in court?
Yes, the person can appeal in court, but if the violation is proven, they will have to serve their full sentence.
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