Legal provisions regarding Transgression of Punishment/Violation of condition of remission of punishment under section 227 of Indian Penal Code, 1860.
Transgression of Punishment/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 of that punishment, then with so much of that punishment as he has not already suffered.”
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ADVERTISEMENTS:
Section 227 deals with such cases in which remission of punishment is made conditional by Government under Section 432 of the CrPC, 1898.
It is for the Court and the jail authorities to decide whether a conditionally released prisoner has violated conditions on which remission was granted to him and whether he was guilty under Section 227.
Remission is the shortening of convict’s prison sentence on account of his good behaviour. Such remission is sometimes granted on certain conditions. If a person who has come out on conditional remission violates knowingly any of such conditions, then it amounts to an offence under Section 227.
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Such person shall be punishable with the punishment to which he was originally sentenced. In other words, the remission given is withdrawn and the person will be required to serve the full sentence.
The offence under Section 227 is cognizable, non-bailable and non-compoundable and summons may ordinarily issue and is triable by the Court by which the original offence was triable.