Under the Bharatiya Nyaya Sanhita, 2023 BNS Section 269 deals with an important aspect of criminal procedure. It focuses on what happens when someone who is released on bail or bond fails to show up in court.
This may sound simple, but it’s a serious issue in our justice system. Courts depend on the presence of the accused to carry out trials fairly. When someone doesn’t appear, it delays justice for everyone.
Let’s understand BNS Section 269: Failure by person released on bail or bond to appear in court in an easy and clear way.
What is BNS Section 269?
This section punishes anyone who, after being released on bail or bond, intentionally avoids court without a valid reason.
In simple terms:
If the court gives you bail, you are expected to be present on your hearing date. If you disappear or skip court, this section applies to you.
Legal Language of BNS Section 269
Let’s break down the legal text of Section 269:
“Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which lies upon him) to appear in court at the time and place mentioned in the bond, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.”
Key Ingredients of the Offence
To invoke BNS Section 269, these conditions must be met:
- Person is accused of an offence
- He/she is released on bail or bond
- Fails to appear in court without sufficient cause
- The burden of proving the cause lies on the accused
Why BNS Section 269 Matters
Bail is a privilege, not a right. If someone misuses it by vanishing, it damages the integrity of the judicial process.
Skipping court hearings not only wastes judicial time but also affects the rights of victims and the police’s efforts.
Penalty Under BNS Section 269
Imprisonment: Upto one year
Fine: Court decides based on the circumstances
Or both
This punishment is in addition to any penalty for the original offence. That means it does not replace the earlier charges.
BNS Section 269: Case Law- Court Interpretation
Let’s look at a few court decisions that reflect the spirit of Section 269.
Samar Singh v. State of Rajasthan (2020)
In this case, the accused was granted bail but missed multiple hearing dates. The court held that “a repeated absence, even after warnings, is a valid reason to cancel bail and proceed under Section 229A IPC” (now replaced by BNS Section 269).
The court emphasized the need for accountability when someone misuses the court’s trust.
State v. Ramesh Kumar (Delhi HC, 2019)
Ramesh Kumar skipped court for over six months. His counsel cited “ill health,” but no medical proof was given. The court said that such behavior was a deliberate avoidance of legal process and upheld punishment under the section.
Short Note on BNS Section 269
Section 269 of Bharatiya Nyaya Sanhita 2023 replaces Section 229A of IPC
Focuses on ensuring court appearance after bail
Holds the accused personally responsible for attendance
Burden of proof for absence lies on the accused
Punishable by imprisonment, fine, or both
Is It a Cognizable Offence?
No. BNS Section 269 is non-cognizable. That means the police cannot arrest the person without the court’s permission.
Also, it is bailable, which means the person may again be released on bail—unless there’s a repeated default.
Impact on Bail System
This section strengthens the bail system by introducing a deterrent.
It warns accused persons not to take bail lightly.
Encourages people to respect court conditions.
Helps reduce delay tactics in criminal trials.
How Courts Handle Absentees
Courts generally issue a non-bailable warrant when someone skips court. If the person still doesn’t return, the court can:
Cancel the bail
Impose a fine
Take action under BNS Section 269
In some cases, courts may even attach property of the absconding accused.
Real-World Example
In many high-profile economic offence cases, accused individuals take bail and then flee abroad. Courts use provisions like Section 269 to start legal action.
The idea is: Don’t misuse your freedom. Otherwise, the law will catch up.
Defenses Available
If someone is genuinely ill or unable to attend court due to valid medical or personal reasons, they must:
Inform the court in writing
Submit medical proof or other documents
Request an exemption for that day
If satisfied, the court may accept the reason. But if you don’t inform the court and just skip, you’re in trouble.
Final Thoughts
BNS Section 269: Failure by person released on bail or bond to appear in court is a clear message to all accused individuals—don’t misuse your temporary liberty.
The justice system works on trust. Bail is not a loophole to escape law. It’s a privilege that must be honored with responsibility.
By enforcing this section, courts aim to build a more disciplined legal process where everyone, from the accused to the officers, respects timelines and procedures.
Disclaimer
This article is meant for general legal awareness. It does not constitute legal advice. For specific legal problems, always consult a qualified advocate or legal expert.
