Bharatiya Nagarik Suraksha Sanhita, 2023
Section 92
Arrest on breach of bond or bail bond for appearance
When any person who is bound by any bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.
Why this exists
Bonds and bail bonds are promises backed by law that a person will attend court when needed. This provision exists to make that promise enforceable — without it, an accused or witness could simply ignore their bond with no direct consequence beyond forfeiture of money. It gives courts a quick, direct tool (an arrest warrant) to compel appearance rather than waiting for lengthy separate proceedings, ensuring trials and hearings are not delayed indefinitely by absentees.
Common misconceptions
- Myth: Missing a court date only leads to losing bail money, nothing else happens.
Fact: Besides possible forfeiture of the bond amount, the court can directly order your arrest to produce you before it. - Myth: This provision applies only to accused persons out on bail.
Fact: It applies to anyone bound by a bond or bail bond to appear in court — this can include witnesses or sureties, not just an accused person, depending on the bond's terms.