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Section 266: Violation of Condition of Remission of Punishment

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
The Court by which original offence was triable
Non-Bailable
Cognizable
Formerly Sec 227 IPC
Section 265 All 358 Sections of Bharatiya Nyaya Sanhita Section 267

Legal Commentary & Landmark Judgments: Section 266

Section 266 penalises the intentional violation of any condition upon which a remission of punishment has been granted to a convicted person.

  • Grant of Conditional Remission: Convict released early pursuant to executive remission under Section 473 BNSS (old Section 432 CrPC) or state remission rules.
  • Binding Condition: Specific condition imposed (e.g., good behaviour, reporting to police station, staying within jurisdiction).
  • Intentional Breach: Conscious violation of the condition, resulting in revocation of remission and penal liability.
Key Landmark Precedents:
  • State of Haryana v. Mahender Singh (2007) 13 SCC 606: The Supreme Court observed that remission is a conditional privilege; breach of conditions revokes freedom and subjects the convict to re-incarceration.
  • Bilkis Yakub Rasool v. Union of India (2024) 4 SCC 1: The Supreme Court clarified the strict statutory guidelines governing remissions, emphasising that breach of conditions terminates executive clemency.
Courtroom Practice & Strategic Litigation Guidance:

Upon proof of breach of remission condition, the convict must serve the unexpired portion of the original sentence, plus additional imprisonment up to the term provided under Section 266.

Section 265 All 358 Sections of Bharatiya Nyaya Sanhita Section 267