What is Section 226 IPC? Unlawful return from transportation
Published on: Lawiz Team
Learn about Section 226 IPC: Unlawful return from transportation
Official Legal Text
Whoever, having been lawfully transported as a punishment for an offence, returns to India without having received a free pardon or without a lawful permission, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years.
What This IPC Section Means – Explained in Simple Words
Section 226 punishes anyone who unlawfully returns to India after being lawfully transported or deported.
Purpose
To ensure compliance with legal transportation or deportation orders.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 3 years, and fine.
Key Elements
1. The person must have been lawfully transported or deported. 2. They must return to India unlawfully.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Legal Defenses
If the person can prove they returned with lawful permission or were unaware of the prohibition.
Judicial Interpretation
Courts focus on whether the return was unauthorized and the person was aware of the prohibition.
Illustration
If a person who was deported to another country returns to India without permission, they can be punished under Section 226.
FAQs
What does Section 226 IPC define?
Unlawful return from transportation.
Where is Section 226 IPC applicable?
It deals with offences involving unlawful return from transportation and safeguarding judicial and monetary integrity.
Why is Section 226 IPC important?
It protects the authenticity of judicial processes, coinage, and public administration.
Can you provide an example involving Section 226 IPC?
Examples include counterfeiting coins, false judicial acts, and breach of legal procedures.
What punishment is prescribed under Section 226 IPC?
Punishment may include imprisonment, fine, or both, depending on the seriousness of the offence.
Is Section 226 IPC linked with other IPC provisions?
Yes, especially with sections related to fraud, public justice, and financial crimes.
How do courts interpret Section 226 IPC?
Courts interpret these sections strictly to uphold honesty, justice, and trust in legal and financial systems.