BNS Section 269: Failure By Person Released On Bail Bond Or Bond To Appear In Court

Definition of BNS Section 269

Section 269 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“Whoever, having been charged with an offence and released on bail bond or on bond, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation.—The punishment under this section is—

(a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and

(b) without prejudice to the power of the Court to order forfeiture of the bond.”

Explanation and Illustration of BNS Section 269

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of disobeying terms of a bail bond. Let us break down the section to get a better understanding of it.

Offence

The purpose of bail is to stand by the principle of ‘innocent until proven guilty.’ In fact, it is often repeated that ‘Bail is the rule. Jail is the exception.’ Exceptions should ideally only be made when a person is known or proven to be a flight risk or is a threat or a danger to those around him or her on account of having been accused of a very serious crime. In all other cases, as long as a person is not convicted by a court of law, they are to be allowed to be free from custody. However, there are conditions that a court sets, to ensure that the person being let out on bail reciprocates on the good faith shown by the court and shall readily present themselves whenever required by court. The conditions of bail usually vary from case to case. But the two most common conditions for a bail bond are:

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