Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
Remission (reducing or suspending part of a sentence) is often granted on trust, on the condition that the released person behaves in a specified way — for example, reporting to police periodically or not committing further offences. This section makes sure that trust has teeth: violating the condition doesn't just risk losing future benefits, it revives the original punishment. It continues the old IPC Section 226.
Common misconceptions
- Myth: Breaking the condition of an early release starts a brand-new criminal case.
Fact: This section simply revives the original sentence (or its unserved portion) rather than creating a separate new offence with its own trial.