BNS Section 269 – Failure by person released on bail or bond to appear in court
The Indian Penal Code (IPC) Section – 229A
Understanding BNS Section 269: Failure by a Person Released on Bail or Bond to Appear in Court
When a person is released on bail or bond, they are required to appear in court as per the terms of their release. Failing to do so without sufficient cause undermines the judicial process and the trust placed in the bail system. Section 269 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 269 Say?
Section 269 deals with the act of failing to appear in court after being released on bail or bond. Here’s what the law states:
- Offense: If a person, who has been charged with an offense and released on bail or bond without sureties, fails to appear in court as per the terms of their release without sufficient cause, they commit an offense.
- Burden of Proof: The person must prove that they had sufficient cause for failing to appear.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 1 year,
- A fine, or
- Both imprisonment and fine.
- Explanation:
- This punishment is in addition to the punishment for the original offense the person is charged with.
- The court also has the power to order the forfeiture of the bond.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Failing to appear in court after being released on bail or bond without sufficient cause. |
| Punishment | Up to 1 year in jail, a fine, or both. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Non-bailable: The accused cannot seek bail as a matter of right. |
| Court Jurisdiction | Trial can be conducted by any Magistrate. |
Why is This Law Important?
- Ensures Compliance with Bail Conditions: It discourages individuals from violating the terms of their bail or bond.
- Maintains Trust in the Judicial System: It ensures that individuals released on bail or bond fulfill their obligation to appear in court.
- Protects Public Safety: It prevents individuals from evading the legal process, ensuring accountability.
Examples of Offenses Under Section 269
- Example 1: A person released on bail for theft fails to appear in court on the scheduled date without providing a valid reason.
- Example 2: An individual released on bond for a traffic violation does not show up for their court hearing and cannot justify their absence.
- Example 3: A person skips a court appearance after being released on bail for a minor offense, claiming they forgot but failing to provide evidence of sufficient cause.
Conclusion
Section 269 of the BNS is a vital provision to ensure that individuals released on bail or bond comply with the terms of their release. Failing to appear in court without sufficient cause is a punishable offense, and the penalty is in addition to the punishment for the original charge. Always act responsibly and uphold the principles of justice.
