Violation of condition of remission of punishment
Full Text
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.
Plain English Summary
Punishes individuals who accept conditional remission of their sentence and knowingly violate its terms, requiring them to serve either the full original sentence or the remaining portion of it.
Key Legal Elements
- The accused must have accepted a conditional remission of punishment.
- The accused must have knowingly violated one or more conditions of such remission.
- The punishment to be served is the original sentence, or the remainder of it if a part was already served.
Punishment
Reinstatement of the original sentence (either the full sentence if none was served, or the remaining unserved portion).
Practical Note
This section applies when a convict is released early under a conditional suspension or remission of sentence (e.g., parole conditions or state government schemes) and violates those conditions. The violation must be committed 'knowingly'. Since it is non-bailable and cognizable, they are returned to prison directly.
हिंदी पाठ
जो कोई, दंड का सशर्त परिहार स्वीकार कर लेने पर किसी शर्त का, जिस पर ऐसा परिहार दिया गया था, जानते हुए अतिक्रमण करता है, यदि वह उस दंड का, जिसके लिए वह मूलतः दंडादिष्ट किया गया था, कोई भाग पहले ही न भोग चुका हो, तो वह उस दंड से, और यदि वह उस दंड का कोई भाग भोग चुका हो, तो वह उस दंड के उतने भाग से, जितने को वह पहले ही नहीं भोग चुका है, दंडित किया जाएगा।