Failure by person released on bail or bond to appear in court
AI Assist
Summary
A person charged and released on bail or on bond without sureties who, without sufficient cause, does not appear in court as required commits an offence. The accused must prove the sufficient cause. Penalty can be imprisonment up to one year, or fine, or both; this is in addition to any sentence for the original offence and the court may forfeit the bond.
Example
Priya is charged with shop theft and released on bail without sureties. She misses her court date and cannot show a sufficient reason for absence. Because she failed to appear without proving a valid cause, she may be punished with up to one year imprisonment, or fine, or both, and her bond can be forfeited.
Bare Act
Enacted textWhoever, having been charged with an offence and released on bail or on bond without sureties, 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,
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(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
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(b) without prejudice to the power of the court to order forfeiture of the bond.
BNSS Classification
- Imprisonment for 1 years, or fine, or both.
- Cognizable
- Non-bailable
- Triable by Magistrate of the first class.
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