Code: Section 266 BNS
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.
Explanation of Section 266 BNS
Section 266 of the BNS addresses the consequences of breaching conditions attached to a conditional remission of punishment. Conditional remission allows an offender to serve a reduced sentence or receive certain privileges under specific conditions. Violating these conditions intentionally leads to the following consequences:
- No Punishment Served: If the offender has not begun serving the original sentence, they will be required to serve the full term initially imposed.
- Partial Punishment Served: If the offender has already served part of the sentence, they must complete the remaining portion of the original punishment.
Illustration
Example:
An individual sentenced to five years of imprisonment is granted conditional remission after serving two years, contingent upon maintaining good behavior. If, after serving one more year, the individual commits another offense, violating the remission conditions, they would be required to serve the remaining two years of their original sentence.
Common Questions and Answers on Section 266 BNS
1. What constitutes a violation of remission conditions under Section 266?
- Answer: A violation occurs when an individual knowingly breaches any condition attached to their conditional remission, such as engaging in criminal activity or failing to comply with specified behavioral standards.
2. Does Section 266 apply if the offender has served part of their sentence?
- Answer: Yes, if the offender has served part of their sentence and violates remission conditions, they must serve the remaining portion of the original punishment.
3. Are there any exceptions to the penalties outlined in Section 266?
- Answer: The section does not specify exceptions; however, legal defenses may be available depending on individual circumstances and judicial discretion.
Conclusion
Section 266 of the BNS underscores the importance of adhering to conditions set during the remission of punishment. It ensures that offenders who violate these conditions face the full consequences of their original sentences, thereby maintaining the integrity of the judicial system and the principles of conditional remission.
