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

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Any Magistrate
Non-Bailable
Cognizable
Formerly Sec 229A IPC (Bail Jumping Offence)
Section 268 All 358 Sections of Bharatiya Nyaya Sanhita Section 270

Legal Commentary & Landmark Judgments: Section 269

Section 269 penalises failure by a person released on bail or on bond to appear in court in accordance with the conditions of the bond (replacing Section 229A IPC).

  • Release on Bail or Bond: Accused person admitted to bail or released on personal bond with or without sureties.
  • Court Appearance Condition: Express undertaking to appear before the court at the specified time and date.
  • Wilful Failure to Appear: Failure to appear without lawful or reasonable excuse.
Key Landmark Precedents:
  • Sunil Fulchand Kothari v. State of Maharashtra (2006) Cri LJ 3840 (Bom): Held that failure to appear in court without sufficient medical or practical justification creates an independent cognizable offence under this section.
  • State of U.P. v. Shambhu Nath Singh (2001) 4 SCC 667: The Supreme Court deprecated the culture of routine jumping of bail and unwarranted absence, directing rigorous enforcement of attendance bonds.
Courtroom Practice & Strategic Litigation Guidance:

To defend against a Section 269 charge, file medical hospitalization certificates, proof of train/flight cancellations, or bona fide lack of communication from counsel showing lack of wilful default.

Section 268 All 358 Sections of Bharatiya Nyaya Sanhita Section 270