Provision

Whoever, 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—
(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
(b) without prejudice to the power of the Court to order forfeiture of the bond.


Simply Put

This section makes failure by person released on bail or bond to appear in Court a punishable offence. This was inserted by the Code of Criminal Procedure (Amendment) Act, 2005 vide Section 44 (c). It says that whoever, having been charged with an offence and released either 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 simple or rigorous imprisonment for a term extending upto 1 year, or with fine, or with both.



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