Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 92: Arrest On Breach Of Bond Or Bail Bond For Appearance
Section 92 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with arrest on breach of bond or bail bond for appearance. Here is a review:
Code:
1. Non-Appearance Despite Bond:
– If any person who is bound by a bond or bail bond under the Bharatiya Nyaya Sanhita to appear before a Court fails to appear,
2. Authority of Presiding Officer:
– The officer presiding over that Court is empowered to issue a warrant.
3. Purpose of the Warrant:
– The warrant directs the arrest of the person who did not appear and mandates their production before the Court.
Explanation:
This section deals with the consequences of a person failing to appear in court when bound by a bond or bail bond. If an individual, who has been ordered to appear before a court under a bond or bail bond, fails to do so, the presiding officer of that court has the power to issue a warrant for their arrest. This warrant directs the relevant authorities to apprehend the individual and bring them before the court.
Illustration:
- A person is released on bail after being arrested for theft. As part of the bail conditions, the court orders them to appear for the next hearing on a specific date. If the accused fails to appear on the designated date, the presiding judge can issue a warrant for their arrest, and they will be brought before the court to explain their absence.
Common Questions and Answers:
Q: What happens if the person cannot appear in court due to a valid reason?
A: The person must provide valid documentation to the court explaining their absence. The court will then assess the situation and determine if their absence is justified.
Q: Can the court issue a warrant for arrest even if the person has not been served with the order to appear?
A: No, the court can only issue a warrant for arrest if the person has been properly served with the order to appear.
Q: What are the consequences of failing to appear in court?
A: The consequences can vary depending on the nature of the case and the court’s discretion. In some cases, the bond may be forfeited, or the person may face further legal action.
