Indian Penal Code, 1860
Section 226
repealedUnlawful return from transportation.
Repealed by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), S. 117 and Sch.
Why this exists
Section 226 originally dealt with offenders who had been transported (sent away, often overseas, as a form of punishment) and then unlawfully returned before their term was over. As the punishment of 'transportation' itself became obsolete and criminal procedure was overhauled, provisions tied to it were seen as redundant. The 1955 amendment to criminal procedure law cleaned up such outdated sections, and Section 226 was formally repealed.
Common misconceptions
- Myth: Section 226 can still be used to charge someone today.
Fact: It was fully repealed in 1955 and has no legal force in modern India. - Myth: The repeal means transportation as a punishment still exists but just isn't punished if violated.
Fact: Transportation as a punishment itself was abolished, which is why the section punishing its violation became unnecessary and was removed.