Bharatiya Nyaya Sanhita, 2023
Section 269
Failure by person released on bail bond or bond to appear in Court
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.
Why this exists
Bail relies on the accused person's promise to appear in court; if skipping court carried no separate consequence, bail would lose much of its meaning and courts would struggle to bring cases to trial. This section, continuing the old IPC Section 229A, creates a distinct penalty for breaking that promise, on top of forfeiting the bond and facing the underlying charge.
Common misconceptions
- Myth: Missing a court date only risks losing the bail money.
Fact: Beyond forfeiting the bail bond, the accused can also face a separate criminal charge and punishment under this section for failing to appear without sufficient cause.