Bharatiya Nyaya Sanhita, 2023
Section 266 BNS: Violation of Condition of Remission of Punishment
Section 266 of the Bharatiya Nyaya Sanhita, 2023 applies where a person has accepted a conditional remission of punishment and knowingly violates a condition on which that remission was granted. The legal consequence is linked to the original sentence: the person becomes liable to the original punishment, or to the unserved part of it where part has already been undergone.
Text of Section 266 BNS
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.
Meaning and Scope of Section 266
Section 266 is concerned with the breach of a condition attached to a remission of punishment. It applies only where the remission was conditional, the person accepted it, and the person subsequently violated a condition knowingly.
The provision does not create a fixed independent term of imprisonment. Instead, it restores the legal effect of the original sentence to the extent stated in the section. If none of the original punishment has been undergone, the original punishment becomes applicable. If part has already been undergone, the person is liable for the remaining portion.
Meaning of Remission and Conditional Remission
In criminal sentencing, remission generally refers to reduction or cancellation of the unexpired portion of a sentence by the competent Government without changing the nature of the conviction itself. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power to suspend or remit sentences is dealt with in Section 473.
Section 473 BNSS permits the appropriate Government to suspend execution of a sentence or remit the whole or part of the punishment, with or without conditions. A condition may be one to be fulfilled by the person in whose favour remission is granted or may be independent of that person's will.
Section 266 BNS becomes relevant where a person has accepted such a conditional remission and knowingly breaches a condition attached to it.
Essential Ingredients of Section 266 BNS
The main ingredients of the offence are:
- there must have been a remission of punishment;
- the remission must have been subject to one or more conditions;
- the person must have accepted the conditional remission;
- the person must violate a condition on which the remission was granted; and
- the violation must be knowing.
The existence and terms of the remission order are therefore important in determining whether a particular act amounts to a violation under Section 266.
Punishment, Cognizability, Bail and Trial Court
| Particular | Position under current law |
|---|---|
| Punishment where no part of the original sentence has been suffered | The punishment to which the person was originally sentenced |
| Punishment where part of the original sentence has already been suffered | The remaining portion of the original punishment |
| Cognizable / non-cognizable | Cognizable |
| Bailable / non-bailable | Non-bailable |
| Court competent to try | The Court by which the original offence was triable |
The procedural classification is contained in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Relevant BNSS Provisions on Remission and Commutation
Chapter XXXIV of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains provisions relating to execution, suspension, remission and commutation of sentences. Important provisions connected with the subject include:
- Section 473 BNSS: power to suspend or remit sentences.
- Section 474 BNSS: power to commute sentence.
- Section 475 BNSS: restriction on powers of remission or commutation in certain cases.
- Section 476 BNSS: concurrent power of the Central Government in cases of death sentences.
- Section 477 BNSS: requirement of concurrence of the Central Government in specified cases.
Section 266 BNS should therefore be read with the particular remission order and the applicable provisions governing suspension or remission of sentence.
Section 266 BNS and the Earlier IPC Provision
Section 266 BNS substantially corresponds to Section 227 of the Indian Penal Code, 1860, which dealt with violation of a condition of remission of punishment. For conduct governed by the Bharatiya Nyaya Sanhita after its commencement, Section 266 BNS is the current statutory reference.
Official Legal Resources
For the authoritative statutory text, current procedural classification, and the Government of India's criminal-law materials, use the official resources in the right sidebar.
Last reviewed: 9 September 2026.