Violation of condition of remission of punishment
Section 266 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 o The Act came into force on 01 Jul 2024.
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.
Section 266, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 227 Violation of condition of remission of punishment Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Violation of condition of remission of punishment. | Punishment of original sentence, or if part of the punishment has been undergone, the residue. | Cognizable. | Non-bailable. | The Court by which the original offence was triable. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jakkula Yengaiah vs The Commissioner of Police
Decided under Indian Penal Code 227, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Police authorities must not interfere with civil disputes between private parties, even when a criminal case is registered. However, police retain full authority to investigate registered criminal cases and call accused persons as necessary for investigation purposes. The distinction between criminal investigation and civil dispute resolution must be maintained, and police action must be limited to legitimate investigative needs without harassment.
On this section: Criminal Intimidation - cited as basis for criminal case registration against petitioners
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Vavilala Janardhan vs The State of Telangana
Decided under Indian Penal Code 227, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An accused who fails to report to jail after parole extension cannot be granted bail merely on the ground of suffering from a chronic illness that requires only outpatient medical treatment. The fact that medical treatment is available on an outpatient basis demonstrates that the condition does not prevent the accused from complying with court-ordered jail reporting. Such non-compliance, coupled with the accused's ability to remain outside jail for an extended period, demonstrates a lack of credibility and trustworthiness, making the accused ineligible for bail. Medical certificates showing only outpatient treatment do not constitute sufficient justification for violating court orders.
On this section: Offence for which petitioner was charged; relates to failure to report to jail after parole
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 266
What have the courts held on Section 266 of the Bharatiya Nyaya Sanhita?
Jakkula Yengaiah vs The Commissioner of Police (29 Nov 2010) is the leading judgment on this section among those set out below, though it was decided under IPC 227, which this section replaced -- the court never mentioned this Act: Criminal Intimidation - cited as basis for criminal case registration against petitioners. Another 1 judgment on this section is set out below. They run from 2010 to 2017.
Is Section 266 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 266 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by The Court by which the original offence was triable.
How do I find court cases under Section 266 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 266, section 266 BNS, section 266 of the Bharatiya Nyaya Sanhita. People searching for it also type 266 bns punishment and bns ki dhara 266. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Jakkula Yengaiah vs The Commissioner of Police (29 Nov 2010).
What should I read with Section 266 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 227 (Violation of condition of remission of punishment), so the judgments decided under that provision are the case law on this one.
When did Section 266 of the Bharatiya Nyaya Sanhita come into force?
Section 266 of the Bharatiya Nyaya Sanhita, cited as BNS 266, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.