269 BNS

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Introduction of BNS Section 269

BNS Section 269 addresses situations where a person released on bail or bond fails to appear in court as required. The section ensures accountability for individuals who breach the terms of their release, emphasizing the importance of compliance with legal procedures.

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The Bharatiya Nyaya Sanhita (BNS) Section 269 replaces the old Indian Penal Code (IPC) Section 229-A.

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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.

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BNS 269 in Simple Points

1. Obligation to Appear in Court
   • A person released on bail or bond must comply with all conditions, including attending scheduled court hearings.
   • This obligation is fundamental to ensure that judicial proceedings are not delayed or obstructed.
   • Failure to appear violates the trust placed in the individual and the legal framework governing bail.
2. Burden of Proof on the Accused
   • The person who fails to appear must prove they had a valid reason for their absence.
   • Common acceptable reasons could include emergencies, medical issues, or unavoidable circumstances.
   • If the accused cannot justify their failure, the court considers it a deliberate violation of bail conditions.
3. Punishment for Non-Compliance
   • The offense is punishable with imprisonment of up to one year, a fine, or both.
   • This punishment is in addition to any sentence the person may receive for their original offense.
   • The dual penalty emphasizes the importance of adhering to court orders and legal obligations.
4. Forfeiture of Bond
   • Apart from imprisonment or fines, the court has the power to order the forfeiture of the bail or bond.
   • This means the financial or other guarantees provided as part of bail may be seized.
   • Forfeiture acts as a financial deterrent against skipping court appearances.
5. Cognizable and Non-Bailable Nature
   • The offense under Section 269 is cognizable, meaning police can register and investigate the case without prior approval from a magistrate.
   • It is also non-bailable, leaving the decision to grant bail at the discretion of the court.
   • This classification reflects the seriousness of failing to comply with court orders.

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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.

Key Points of BNS Section 269

1. Obligation to Appear in Court
   • Individuals released on bail or bond are legally required to appear in court as per the terms of their release.
   • This ensures their continued participation in the judicial process until the case is resolved.
   • Failure to appear disrupts court proceedings and demonstrates non-compliance.
2. Punishment for Non-Compliance
   • Offenders may face imprisonment of up to one year, a fine, or both.
   • This penalty is separate from any punishment for the original offense they were charged with.
   • It serves as a deterrent against evading legal obligations.
3. Burden of Proof on the Accused
   • The person failing to appear must prove that they had a valid reason for their absence.
   • Valid reasons could include emergencies, illness, or other unavoidable circumstances.
   • Without sufficient cause, the absence is treated as an intentional breach.
4. Forfeiture of Bond
   • The court has the power to order the forfeiture of the bond in addition to the punishment.
   • This means the financial or other guarantees provided during bail may be seized by the court.
   • Forfeiture emphasizes the seriousness of adhering to bail conditions.
5. Cognizable and Non-Bailable Nature
   • The offense under Section 269 is cognizable, allowing the police to register a case and investigate without prior approval from a magistrate.
   • It is also non-bailable, meaning that granting bail is at the discretion of the court.
   • This reflects the seriousness of failing to appear in court.
6. Trial by Any Magistrate
   • Cases under this section are triable by any magistrate, ensuring accessibility for legal proceedings.
   • The magistrate assesses the evidence, circumstances, and reasons provided by the accused.
   • Appropriate penalties are imposed based on the findings.
7. Additional Penalty
   • The punishment for failing to appear is in addition to any sentence for the original crime.
   • This ensures that individuals cannot evade justice by skipping court appearances.
   • It reinforces the principle of accountability in the judicial system.
8. Applicability to All Released on Bail/Bond
   • The section applies to anyone granted bail or bond, irrespective of the nature of the original offense.
   • It ensures uniformity in enforcing the responsibility to appear in court.
   • This inclusivity strengthens the reliability of bail procedures.
9. Focus on Intent
   • The section considers whether the failure to appear was intentional or unavoidable.
   • Courts evaluate the circumstances to determine if the absence was justifiable.
   • This approach balances strict enforcement with fairness.
10. Prevention of Evasion

• The section discourages individuals from abusing bail provisions to evade legal proceedings.
• It strengthens public trust in the judiciary by ensuring accountability for all accused persons.
• Strict penalties uphold the rule of law and procedural compliance.

Examples of BNS Section 269

1. 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.
2. 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.

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BNS 269 Punishment

1. Imprisonment: The person may face imprisonment for a term of up to one year.
2. Fine: Alternatively, or in addition, a fine may be imposed by the court.

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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.

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Bharatiya Nyaya Sanhita Section 269

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
269	Failure to appear in court after release on bail or bond	Imprisonment up to 1 year, fine, or both	Non-Bailable	Cognizable	Any Magistrate

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BNS Section 269 FAQs

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