Section 269 BNS: Failure by person released on bail bond or bond to appear in Court

Bharatiya Nyaya Sanhita, 2023

Section 269 BNS at a Glance

Section 269 BNS deals with failure by person released on bail bond or bond to appear in Court. It is non-bailable and cognizable, triable by any Magistrate; it replaced Section 229A IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to one year.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 229A →

Section 269 BNS Bare Act Text

269. Failure by person released on bail 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.

Source: Section 269, Bharatiya Nyaya Sanhita, 2023

Section 269 BNS in Simple Words

Section 269 of the Bharatiya Nyaya Sanhita (BNS) this Section deals with a person who has been released on bail or on bond and then fails to appear before the court at the required time. It is meant to stop accused persons from avoiding trial or delaying proceedings after getting temporary liberty from the court. The law applies only when the person was legally bound to attend and did not do so without a valid reason.

In practice, this provision is used when a person jumps bail or deliberately remains absent after giving an undertaking to the court. It is not meant for every absence. The prosecution must show that the person was released on bail or bond, that appearance in court was required, and that the person failed to attend.

This Section is significant because court attendance is a basic condition of bail, and breach of that condition can lead to separate criminal liability. It also helps courts maintain discipline in criminal proceedings and prevents misuse of bail.

Ingredients of Section 269 BNS

  • Charge of an offence and release on bail bond or bond
  • Failure to appear in court in accordance with the terms of the bail or bond
  • Absence of sufficient cause with the burden of proof placed upon the accused
  • Imprisonment of either description extending to one year or fine or both in addition to underlying punishment

Punishment Under Section 269 BNS

Imprisonment

Imprisonment of either description for a term which may extend to one year.

Fine

Fine without a specified statutory limit, or both imprisonment and fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Failure to appear after release on bail or bond carries imprisonment of either description up to one year, or fine, or both, in addition to the sentence for the underlying charge.

Example of Section 269 BNS

In a pending criminal case before a magistrate in Bhopal, Rajesh was charged with criminal breach of trust and released on bail upon executing a personal bond requiring his appearance on every scheduled trial date. On the appointed date, Rajesh does not appear, and he cannot prove any sufficient cause for not appearing. Rajesh is liable under Section 269 BNS for failing to appear in accordance with the terms of his bail.

When Section 269 BNS Does Not Apply

  • The person was never charged with an offence
  • The person was not released on bail bond or on bond
  • The person appeared in court in accordance with the terms of the bail or bond
  • The person proved that he had sufficient cause for not appearing

Section 269 BNS in the IPC (Previous Law)

Section 269 BNS replaces Section 229A IPC from the old criminal code.

Section 229A IPC is now Section 269 BNS. The statutory phrase is adjusted from bail or on bond without sureties to bail bond or on bond, while preserving the one-year maximum imprisonment, the fine option, the reverse burden of proving sufficient cause, and the additional nature of the penalty.

View IPC Section 229A →

FAQs on Section 269 BNS

Under Section 269 BNS, what happens if I do not attend court after getting bail?▼

If you miss court without a lawful reason, the court can treat it as a separate offence and may issue a warrant. Your bail may also be cancelled. The court will look at whether your absence was wilful or justified.

Does every missed hearing attract Section 269 BNS?▼

No. A single absence is not always enough by itself. The prosecution must show that you were bound to appear and that the failure was without a valid excuse.

Is the offence under Section 269 BNS bailable?▼

No. Failure to appear after release on bail or bond is a non-bailable offence under the First Schedule, so bail is not a matter of right. The court decides on the facts, including the reason for the earlier non-appearance. This punishment is in addition to any liability for forfeiture of the bond.

Under Section 269 BNS, can the court issue a warrant for non-appearance?▼

Yes, the court can issue a warrant if a person does not appear after being released on bail or bond. In serious cases, the court may also cancel bail and require stricter compliance in future hearings.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·