Code: Section 269 BNS
“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 of Section 269 BNS
Section 269 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the issue of individuals who, after being charged with an offence, are released on bail or bond but fail to appear in court as required. This section ensures that such individuals are held accountable for neglecting their legal obligations, which can disrupt the judicial process.
Key Features:
- Applicability: Applies to anyone released on bail or bond after being charged with an offence.
- Burden of Proof: The person must prove they had a valid reason for missing the court date.
- Additional Punishment: In addition to the original offence’s punishment, further penalties can be imposed.
- Forfeiture of Bond: The court may order the forfeiture of the bond amount if the person fails to appear without sufficient cause.
Illustration of Section 269 BNS
- Missing a Court Date Without Justification:
Ravi is charged with theft and released on bail. He fails to appear in court on the scheduled date, offering no valid reason. Ravi can be punished with up to one year of imprisonment, a fine, or both, in addition to any punishment for theft. - Repeated Absences:
Amit is charged with a drug-related offence and released on bond. He misses multiple court hearings without providing valid excuses. The court not only imposes a penalty under Section 269 but also considers forfeiting his bond. - Valid Emergency Excuse:
Suman is released on bail for a fraud case. She misses a court date due to a medical emergency and provides hospital records as proof. Since she has a valid excuse, she may not face penalties under Section 269.
Common Questions About Section 269 BNS
1. What happens if I miss a court date after being released on bail?
- Answer: You can face imprisonment up to one year, a fine, or both, in addition to any punishment for the original offence.
2. What qualifies as a “valid reason” for missing a court date?
- Answer: Valid reasons include medical emergencies, natural disasters, or any unforeseen circumstances. You must prove the validity of your reason.
3. Can the court keep my bail money if I fail to appear?
- Answer: Yes, the court can order the forfeiture of the bond if you fail to appear without sufficient cause.
4. Is the punishment under Section 269 separate from the original offence’s punishment?
- Answer: Yes, it is in addition to any penalties you might face for the original charge.
5. Can I be punished under Section 269 even if I was unaware of the court date?
- Answer: Unawareness is not a valid excuse unless you can prove that you were not properly notified. The burden of proof lies with you.
Conclusion
Section 269 of the Bharatiya Nyaya Sanhita (BNS), 2023 plays a vital role in ensuring that individuals released on bail or bond uphold their legal responsibilities to appear in court. This provision deters individuals from absconding, maintains the integrity of the judicial process, and reinforces the rule of law.
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