Violation of condition of remission of punishment
AI Assist
Summary
If a person accepts a remission subject to conditions and then knowingly breaks any condition, they must undergo the original punishment. If none of the original sentence has yet been served, the full original punishment is imposed; if part has been served, the remaining part must be served. The breach restores the unpaid portion of the original sentence.
Example
Priya was serving a three-year sentence and was granted remission on condition that she report weekly to the probation officer. She knowingly stopped reporting and left town. Because she violated the condition, she must now serve the original three years, or if she had already served six months, she must serve the remaining two and a half years.
Bare Act
Enacted textWhoever, 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.
BNSS Classification
- Punishment of original sentence, or if part of the punishment has been undergone, the residue.
- Cognizable
- Non-bailable
- Triable by The Court by which the original offence was triable.
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