Section 92 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Arrest On Breach Of Bond Or Bail Bond For Appearance.

92. 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.

Explanation of Section 92 BNSS

Section 92 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with situations where a person, who has executed a bond or bail bond for their appearance in Court, fails to appear on the given date. In such cases, the presiding officer is empowered to issue a warrant for the arrest of that person to ensure their presence.

Key Provisions of Section 92 BNSS:

1. When Does Section 92 Apply?

   • When a person is bound by a bond or bail bond to appear in Court.
   • When such a person fails to appear on the specified date.

2. Court’s Authority to Issue a Warrant:

   • The presiding officer of the Court can issue a warrant of arrest.
   • The warrant directs the police or relevant authorities to arrest and produce the person before the Court.

3. Ensuring Compliance with Court Proceedings:

   • Prevents individuals from evading trial after securing bail.
   • Strengthens the judicial system by ensuring attendance in legal proceedings.

This provision serves as a deterrent against non-appearance and ensures that those who secure bail do not abscond or delay justice.

Illustration of Section 92 BNSS

Example 1: Non-Appearance After Bail

A person accused of fraud was granted bail and executed a bail bond, agreeing to appear in Court. On the hearing date, the accused fails to appear. The presiding officer then issues a warrant for the person’s arrest to ensure their presence.

Example 2: Breach of Personal Bond

A witness in a criminal case signed a personal bond to appear before the Court. However, on the given date, the witness does not show up. The Court issues an arrest warrant to compel attendance.

Common Questions and Answers on Section 92 BNSS

1. What happens if a person fails to appear despite executing a bond or bail bond?

• The Court may issue a warrant of arrest under Section 92 BNSS to ensure their appearance.

2. Can a person challenge the arrest warrant issued under Section 92 BNSS?

• Yes, but the person must provide a valid reason for non-appearance and may have to seek recall of the warrant from the Court.

3. Does Section 92 apply to both personal bonds and bail bonds?

• Yes, it applies to any bond or bail bond executed under BNSS.

4. Can a Court directly issue a warrant without prior notice?

• Yes, if the person fails to appear despite being bound by a bond, the Court has the authority to issue a warrant immediately.

Conclusion

Section 92 BNSS ensures that individuals who secure bail or execute bonds do not evade legal proceedings. It grants Courts the power to issue arrest warrants when such persons fail to appear, thereby maintaining judicial integrity.

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