India’s criminal justice system has entered a new era with the Bharatiya Nyaya Sanhita, 2023 (BNS). One of the lesser-known but important provisions in this new law is BNS Section 266.
This section deals with situations where a convict violates the conditions of remission granted by the government. Let’s break it down in simple terms and understand how it works.
BNS Section 265: What is Remission of Punishment?
Remission means reducing the duration of a person’s sentence without changing the nature of the sentence. For example, if someone is sentenced to 10 years in prison, the government can reduce it to 7 years under certain conditions.
This benefit is usually given on special occasions like Republic Day or Independence Day, or as an act of mercy or good conduct.
But what if the person violates the conditions under which the remission was granted?
That’s exactly where BNS Section 266 comes into play.
Text of BNS Section 266
Here’s what the law says:
“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 the government so directs.”
Let’s break that down.
If a person was released early from jail on certain conditions…
And then violates those conditions knowingly…
The government can cancel the remission and send them back to jail to serve the original sentence.
BNS Section 266 Violation of Condition of Remission of Punishment
This is the central focus of Section 266. The entire section revolves around this idea.
It ensures that convicts follow the terms of their remission honestly. If they misuse the freedom, they go back to jail.
This keeps the remission process fair and discourages misuse of leniency.
Why is BNS Section 266 Important?
It protects the integrity of the justice system. The government often gives remission as a reward for good behavior, but if people take advantage of it and break the law again, it defeats the purpose.
This section also acts as a deterrent for repeat offenders. It tells convicts: “If you break the conditions, you’re going back to prison.”
BNS Section 266: Let’s Understand With an Example
Imagine a man named Ramesh is sentenced to 5 years in jail for theft. After 2 years, the government grants him remission with the condition that he:
- Must not commit any other crime,
- Must regularly report to the police station,
- Must stay within a certain area.
Ramesh accepts and is released early.
But within a few months, he commits another theft.
Now, the government has the right under BNS Section 266 to cancel his remission and send him back to jail to complete the remaining 3 years of his original sentence.
Short Note on BNS Section 266
- Topic: Violation of condition of remission.
- Law: Section 266, Bharatiya Nyaya Sanhita, 2023.
- Type of offence: Triggered when a person knowingly violates remission conditions.
- Punishment: Re-imposition of original sentence if the government directs.
- Purpose: To prevent abuse of remission and maintain law and order.
BNS Section 266: Case Law References
While BNS is new, the principle behind Section 266 existed earlier in Section 227 of the Indian Penal Code (IPC).
Here are a couple of judicial interpretations relevant to this section:
State of M.P. v. Rama Krishna (1995)
In this case, the court observed that remission is not an absolute right. It can be withdrawn if the person breaches the conditions. The state is justified in asking the person to serve the rest of the sentence.
Maru Ram v. Union of India (1981 SCR (1) 1196)
The Supreme Court held that the remission order is conditional and subject to conduct. If conditions are broken, the benefit of remission can be revoked.
These cases lay the foundation for BNS Section 266, showing that early release is not unconditional.
Connection with Rehabilitation and Crime Control
Remission is a form of rehabilitation. It gives convicts a chance to reform.
But without a check like Section 266, some might re-offend or disappear.
So, this section balances mercy with accountability. It gives freedom, but also demands responsibility.
Comparing IPC 227 and BNS Section 266
Under the old IPC Section 227, the law said roughly the same thing. But in BNS, things are more streamlined and modern.
The language is simpler. The process is more focused. And it fits into the new structure of India’s updated criminal code.
Criticism and Suggestions
Some legal experts say that Section 266 gives too much power to the government. What if the violation is minor? Should the full sentence be imposed?
A better solution might be:
- Review the nature of the violation,
- Allow a hearing before cancellation,
- Give a chance for appeal or reconsideration.
Still, the intent of the law is clear – remission is a privilege, not a right.
Conclusion
BNS Section 266 Violation of Condition of Remission of Punishment is a crucial tool in India’s updated legal system. It ensures that remission is respected and not exploited.
It empowers the government to act against violators, but also reminds us that early release comes with responsibility.
As the new legal system takes root, provisions like this will help create a more disciplined and fair justice process.
Disclaimer
This article is for educational purposes only. It does not constitute legal advice. For specific legal issues or interpretation of BNS Section 266, always consult a qualified legal professional or advocate.
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