Legal Provisions of Section 227 of Indian Penal Code, 1860.
Violation of condition or remission of punishment:
This section punishes knowingly violation of the condition of remission of punishment. It says that whoever, having accepted any conditional remission of punishment, violates any condition of the remission knowingly, shall be punished with the original punishment given to him if he has not gone through any part of that punishment; and shall be punished with that much part of the punishment which still remains to be undergone by him if he has undergone part of the punishment already.
ADVERTISEMENTS:
The prosecution must show that the accused has accepted a conditional remission of punishment and then has violated knowingly any of such conditions on which the remission was granted to him. The executive has no authority to decide as to whether there has been any violation of conditions on his part; it is also a part of the judicial process. The power to suspend or remit sentences have been given to the appropriate government by section 432, Code of Criminal Procedure, 1973. The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by the court by which the original offence was triable.