Introduction of 269 BNS
269 BNS of the Bharatiya Nyaya Sanhita (BNS) focuses on accountability for individuals released on bail or bond. It penalizes those who fail to appear in court as required, without providing a valid reason. The section ensures that bail is not misused as a tool to escape justice and emphasizes respect for judicial procedures. By enforcing strict penalties—including imprisonment, fines, and forfeiture of bond—this provision strengthens trust in the legal system and ensures that individuals comply with their court obligations.
The Bharatiya Nyaya Sanhita (BNS) Section 269 replaces the old Indian Penal Code (IPC) Section 229-A.
What is BNS Section 269 ?
BNS Section 269 penalizes anyone who, after being charged with an offense and released on bail or bond, fails to appear in court without sufficient cause. The burden of proving the cause lies on the individual. The punishment includes imprisonment, a fine, or both.
BNS Section 269 Details Explain
“Whoever, being released on bail or bond, fails without sufficient cause to appear in court as required by the conditions of such bail or bond, shall be punished with imprisonment which may extend to one year, or with fine, or with both. The burden of proving that he had sufficient cause lies upon him.”
1. Meaning of the Provision
This section applies to anyone who has been granted bail or released on bond by the court but later fails to appear on the scheduled date of the hearing.
- Bail and bond are granted with the expectation that the accused will attend all hearings until the case is disposed of.
- If the person skips court intentionally or without a valid reason, they violate the terms of bail.
- The section ensures that judicial proceedings are not obstructed due to the absence of the accused.
In short, it punishes those who misuse the liberty of bail.
2. Who is Covered?
This section applies to:
- Accused persons released on bail in criminal cases.
- Defendants on bond who are legally required to appear before a magistrate.
- Any person under conditional release, whether for trial or appeal.
It does not apply to ordinary witnesses or complainants, but only to persons bound by bail or bond conditions.
3. Essential Ingredients
To attract punishment under BNS Section 269, these elements must be proved:
- The person was legally released on bail or bond.
- They were required to appear in court as part of bail conditions.
- They failed to appear on the date of hearing.
- The absence was without sufficient cause (burden of proof lies on the accused).
If there was a genuine and sufficient cause, like illness or emergency, the person is not guilty under this section.
4. Examples of BNS Section 269
- Example 1: A person released on bail for a theft case does not attend the court hearing despite being informed of the date. Since there was no sufficient reason, they are guilty under Section 269.
- Example 2: A man on bond misses his court date due to hospitalization with proper medical proof. He will not be guilty as there was a valid cause.
- Example 3: A person deliberately flees after getting bail in a cheating case. The court can punish him under Section 269 and also forfeit his bail bond.
5. Punishment under BNS Section 269
- Imprisonment: Up to 1 year.
- Fine: Can be imposed separately or along with imprisonment.
- Both: In serious cases, the court may award both imprisonment and fine.
This punishment is in addition to the penalty for the original offence.
6. Legal Classification
- Bailable/Non-Bailable: Non-Bailable → Bail is not a right; it is subject to court discretion.
- Cognizable/Non-Cognizable: Cognizable → Police can register a case and investigate without prior court approval.
- Compoundable/Non-Compoundable: Non-Compoundable → Cannot be privately settled.
- Trial By: Any Magistrate.
7. Importance of BNS Section 269
- Ensures accused persons respect bail conditions.
- Prevents obstruction of court proceedings.
- Upholds discipline and accountability in judicial processes.
- Acts as a deterrent against absconding after release on bail.
This section balances the freedom of the accused with the interests of justice.
Section 269 BNS Overview
BNS Section 269 punishes individuals who, after being released on bail or bond, fail to appear in court as required without a valid reason. The individual must prove that they had sufficient cause for their absence, or they face penalties in addition to the punishment for their original offense.
10 Key Points of BNS Section 269
1. Obligation to Appear in Court
When a person is released on bail or bond, they must appear in court on the dates and conditions set by the court. This is a legal responsibility that they must follow. The purpose of this rule is to make sure the person remains present throughout the trial and does not run away or avoid the case. If the person does not appear, it slows down the court process and shows that they are not following the law.
2. Punishment for Non-Compliance
If a person does not appear in court without a valid reason, they can be punished with imprisonment for up to one year, or a fine, or both. This punishment is separate from and in addition to the punishment of the original crime for which they were arrested. This means they will face extra punishment only because they failed to appear in court. The aim of this penalty is to stop people from trying to skip court hearings and avoid justice.
3. Burden of Proof on the Accused
In case of failure to appear, the responsibility is on the accused person to prove that they had a genuine and acceptable reason for their absence. They must show that the reason was unavoidable, such as a medical emergency, accident, serious illness, or another valid situation. If the person cannot prove this, then the law treats their absence as a deliberate act of disobedience, and punishment will follow.
4. Forfeiture of Bond
Along with punishment, the court may also cancel or seize the bond that was given at the time of bail. This means that the money, property, or guarantee offered as security for bail can be taken away by the court. The purpose of bond forfeiture is to show that bail conditions are serious and must not be taken lightly. It acts as a financial or personal loss as a result of breaking bail conditions.
5. Cognizable and Non-Bailable Nature
The offense under Section 269 is cognizable, meaning the police can register a case, investigate, and take action without needing permission from a magistrate. It is also non-bailable, which means that the court, and not the police, will decide whether bail should be granted again. These strict rules show that not appearing in court is considered a serious violation of the law and cannot be ignored.
6. Trial by Any Magistrate
Cases under this section can be heard and decided by any magistrate. This helps in speeding up legal proceedings because the case can be taken up by a wide range of courts. The magistrate will check the evidence, listen to the reason for absence, and then decide if punishment or bond forfeiture is required. This makes the system flexible and efficient in handling such cases.
7. Additional Penalty
The action taken under this section is always an extra penalty and does not replace the punishment for the main offense. So, even if a person is punished for not appearing, they still have to face trial and possible punishment for the original crime for which they were charged. This ensures that people cannot escape their main criminal case by simply avoiding the court.
8. Applicability to All Released on Bail/Bond
This rule applies to every person who is released on bail or bond, no matter what crime they are originally accused of. It is not limited to small or big offenses — the rule is the same for all. This creates fairness and uniformity in the legal system. Everyone must follow court conditions if they want the benefit of bail.
9. Focus on Intent
The law checks whether the person missed court intentionally or due to a genuine reason. If the absence was unavoidable or accidental, the court may consider it sympathetically. But if it was done knowingly, or with the intention to delay the case or run away, then strict punishment will be given. This balance helps maintain fairness and prevents misuse of the law.
10. Prevention of Evasion
The main goal of Section 269 is to stop people from using bail as a way to escape legal action. It ensures that everyone who gets bail remains answerable to the court till the case ends. By imposing strict penalties, the section builds public confidence that the justice system works effectively and that no accused person can avoid facing the law. It also reinforces discipline and responsibility among accused individuals.
Examples of BNS Section 269
- Example 1:
A person accused of theft is released on bail and required to attend a court hearing. They deliberately fail to appear without informing the court, leading to legal action under Section 269. - Example 2:
An individual released on bond misses their scheduled court appearance due to negligence and does not provide a valid reason. The court penalizes them under this section for breaching the terms of their release.
BNS 269 Punishment
- Imprisonment: The person may face imprisonment for a term of up to one year.
- Fine: Alternatively, or in addition, a fine may be imposed by the court.
BNS 269 bailable or not ?
BNS Section 269 is non-bailable. This means that bail is not granted automatically and depends on the court’s discretion, taking into account the seriousness of the offense and circumstances of the case.
Comparison : BNS 269 vs IPC 229-A
| Section | What it Means | Punishment / Consequence | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 269 | Penalizes a person released on bail or bond who fails to appear in court without sufficient cause. Ensures accountability and discipline in judicial processes. | Imprisonment up to 1 year, or fine, or both. The burden of proof lies on the accused to show valid cause. | Non-Bailable | Cognizable | Any Magistrate |
| IPC Section 229A (Old) | Punished individuals released on bail or bond who did not appear in court as required. Earlier provision but treated as bailable and non-cognizable. | Imprisonment up to 1 year, or fine, or both — similar punishment, but with less strict procedural enforcement. | Bailable | Non-Cognizable | Any Magistrate |
| Key Difference: BNS Section 269 replaces IPC Section 229A with stricter provisions — making the offense non-bailable and cognizable to ensure court appearance and uphold judicial accountability. | |||||
BNS Section 269 FAQs
What is the purpose of BNS Section 269?
BNS Section 269 ensures accountability for individuals released on bail or bond by penalizing those who fail to appear in court without valid reasons.
What is the punishment under this BNS section 269 ?
The punishment includes imprisonment of up to one year, a fine, or both.
Does this BNS section 269 apply to all individuals released on bail or bond?
Yes, it applies to anyone granted bail or bond who fails to comply with court attendance requirements.
What happens if someone has a valid reason for not appearing?
If the individual proves they had sufficient cause (like medical emergencies), the court may excuse their absence.
Can the bond be forfeited under this BNS section 269 ?
Yes, the court has the power to order the forfeiture of the bail or bond as a consequence of non-compliance.
Is the offense under Section 269 cognizable or non-cognizable?
It is a cognizable offense, allowing the police to register and investigate the case directly.
Conclusion
BNS Section 269 plays a vital role in ensuring accountability within the judicial system. By punishing individuals who skip court hearings after being released on bail or bond, the law prevents misuse of legal privileges. It balances fairness with strict enforcement, allowing genuine absences to be excused while penalizing deliberate violations. This section safeguards the efficiency of court proceedings, strengthens public confidence in bail procedures, and reinforces the principle that justice cannot be delayed or evaded.
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Finished with BNS 269 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
Chapter XV – Of Offences Affecting The Public Health, Safety, Convenience, Decency And Morals.
- 270 BNS : Public nuisance.
- https://marriagesolution.in/bns_section/270-bns/
- BNS 271 : Negligent act likely to spread infection of disease dangerous to life.
- https://marriagesolution.in/bns_section/bns-271/
- 272 BNS : Malignant act likely to spread infection of disease dangerous to life.
- https://marriagesolution.in/bns_section/272-bns/
- 273 BNS : Disobedience to quarantine rule.
- https://marriagesolution.in/bns_section/273-bns/
- BNS 274 : Adulteration of food or drink intended for sale.
- https://marriagesolution.in/bns_section/bns-274/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list