Section 92 BNSS 2023: Arrest on Breach of Bond or Bail Bond for Appearance

Section 92 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the consequence of failure to appear before a Court when a person is already bound by a bond or bail bond taken under the BNSS for that appearance.

Text of Section 92 BNSS

Meaning of Section 92 BNSS

Section 92 provides the Court with a coercive process when a person who has undertaken to appear before the Court under a bond or bail bond fails to do so. The presiding officer may issue a warrant requiring the person's arrest and production before the Court.

The section therefore links the earlier obligation created by a bond or bail bond with a specific power to secure the person's presence after breach of that obligation.

Meaning of Bond and Bail Bond under BNSS

Section 2 of the BNSS defines a bail bond as an undertaking for release with surety. It defines a bond as a personal bond or an undertaking for release without surety.

Accordingly, Section 92 applies whether the obligation to appear was undertaken personally without surety or through a bail bond supported by surety.

Conditions for Issue of Warrant under Section 92

• The person must be bound by a bond or bail bond taken under the BNSS.
• The bond or bail bond must require the person to appear before a Court.
• The person must fail to appear as required by that obligation.
• The officer presiding in the Court may then issue a warrant.
• The warrant directs that the person be arrested and produced before the presiding officer.

Is Arrest Automatic on Breach of Bond?

Section 92 uses the word "may." The provision therefore confers power on the presiding officer to issue a warrant when the statutory condition of non-appearance is met. The section does not state that a warrant issues automatically merely because a bond or bail bond exists.

Relationship with Section 91 BNSS

Section 91 permits the officer presiding in a Court to require a person who is present before the Court to execute a bond or bail bond for future appearance where the officer is empowered to issue a summons or warrant for that person's appearance or arrest.

Section 92 addresses the next stage: if a person who is bound to appear under such a bond or bail bond fails to appear, the presiding officer may issue a warrant for arrest and production before the Court.

Section 92 BNSS and the Earlier CrPC Provision

Section 92 BNSS substantially corresponds to Section 89 of the Code of Criminal Procedure, 1973, which dealt with arrest on breach of a bond for appearance. For proceedings governed by the BNSS, Section 92 is the current provision dealing with this subject.

Related BNSS Provisions

Frequently Asked Questions

What happens if a person bound by a bail bond does not appear?

Under Section 92 BNSS, the officer presiding in the Court may issue a warrant directing that the person be arrested and produced before the Court.

Does Section 92 apply to both bonds and bail bonds?

Yes. The text expressly covers both a bond and a bail bond taken under the BNSS for appearance before a Court.

What is the difference between a bond and a bail bond?

Under Section 2 BNSS, a bond is a personal undertaking for release without surety, while a bail bond is an undertaking for release with surety.

Which provision deals with taking the bond for appearance?

Section 91 BNSS deals with the Court's power to take a bond or bail bond for appearance from a person present before it.

Last reviewed: September 10, 2026.