Section 269 BNS: Failure by Person Released on Bail Bond or Bond to Appear in Court

Text of Section 269 BNS

Meaning and Scope of Section 269

Section 269 creates a separate offence for unjustified failure to appear in Court after release on a bail bond or bond. It operates independently of the criminal charge for which the person was originally released.

The section applies only where the person had already been charged with an offence, had been released on bail bond or bond, and was required by the terms of that bail or bond to appear in Court.

A failure to appear is not automatically punishable under Section 269. The provision expressly recognises sufficient cause. However, it places the burden of proving that sufficient cause on the person who failed to appear.

Essential Ingredients of Section 269 BNS

The principal statutory ingredients are:

• the person must have been charged with an offence;
• the person must have been released on a bail bond or bond;
• the bail or bond must require appearance in Court;
• the person must fail to appear in Court in accordance with those terms; and
• the failure must be without sufficient cause.

Sufficient Cause for Failure to Appear

The BNS does not provide an exhaustive list of circumstances that constitute sufficient cause under Section 269. Whether the explanation is sufficient depends on the facts and the evidence placed before the Court.

Because the statute expressly places the burden on the person concerned, a person relying on sufficient cause should ordinarily be able to place material before the Court supporting the reason for non-appearance.

The existence of sufficient cause is therefore a factual and legal issue to be assessed in the particular proceeding rather than presumed merely from the fact of absence.

Bail Bond and Bond Under the BNSS

Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the bond of an accused and sureties before release on bond or bail bond. The bond must be conditioned on attendance at the time and place mentioned in it and continued attendance until otherwise directed by the police officer or Court.

Where conditions are imposed for release on bail, those conditions must also be contained in the bond or bail bond. Where required, the bond may also bind the released person to appear when called upon by the High Court, Court of Session or another Court to answer the charge.

Section 269 BNS operates where those appearance obligations are breached without sufficient cause.

Punishment, Cognizability, Bail and Trial Court

The procedural classification is contained in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Section 269 and Forfeiture of the Bond

The Explanation to Section 269 makes two consequences clear. First, punishment under Section 269 is additional to any punishment that may ultimately be imposed on conviction for the original offence with which the person was charged.

Second, prosecution or punishment under Section 269 does not take away the Court's separate power to order forfeiture of the bond. Bond forfeiture and criminal liability under Section 269 can therefore operate independently where the statutory requirements are met.

Section 269 BNS and the Earlier IPC Provision

Section 269 BNS substantially corresponds to Section 229A of the Indian Penal Code, 1860, which dealt with failure by a person released on bail or bond to appear in Court. For conduct governed by the Bharatiya Nyaya Sanhita after its commencement, Section 269 BNS is the current statutory reference.

Related BNS Provisions

• Section 261 BNS - Escape from confinement or custody negligently suffered by public servant
• Section 262 BNS - Resistance or obstruction by a person to his lawful apprehension
• Section 263 BNS - Resistance or obstruction to lawful apprehension of another person
• Section 264 BNS - Omission to apprehend or sufferance of escape by public servant
• Section 265 BNS - Resistance or obstruction to lawful apprehension or escape or rescue in other cases
• Section 266 BNS - Violation of condition of remission of punishment
• Section 267 BNS - Intentional insult or interruption to public servant sitting in judicial proceeding
• Section 268 BNS - Personation of assessor
• Section 270 BNS - Public nuisance

Official Legal Resources

For the authoritative statutory text, current First Schedule classification, and provisions governing bail bonds and bonds, refer to the official Government of India resources in the right sidebar.

Last reviewed: 9 September 2026.