Section 92 BNSS: Arrest on breach of bond or bail bond for appearance (Formerly Section 89 CrPC)

Section 92 of Bharatiya Nagarik Suraksha Sanhita, 2023: Arrest on breach of bond or bail bond for appearance

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When any person who is bound by any bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h)

Legal Commentary & Landmark Judgments: Section 92

Section 92 provides that when any person who is bound by any bond taken under this Sanhita to appear before a court does not appear, the officer presiding in such court may issue a warrant directing that such person be arrested and produced before him.

Existing Bond for Appearance: Accused or witness bound by a personal bond or bail bond to appear on a specific date.
Default in Appearance: Failure to appear in court without lawful exemption or reasonable excuse.
Issuance of Arrest Warrant: Presiding officer empowered to issue a bailable or non-bailable warrant of arrest.

Key Landmark Precedents:

State of U.P. v. Shambhu Nath Singh (2001) 4 SCC 667: The Supreme Court emphasised that jumping appearance bonds disrupts criminal trial dockets and justifies immediate issuance of coercive warrants.
Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1: Clarified that upon first default, the court should issue a bailable warrant or notice to surety before issuing an unbailable arrest warrant.

Courtroom Practice & Strategic Litigation Guidance:

If a client misses a court date due to illness or train delay, file an exemption application under Section 355 BNSS through counsel before the court rises. If an NBW was issued under Section 92, file an application for cancellation on the very next morning with medical proof.