Section 269 BNS | Court Can Order Registration Of Fresh FIR Against Accused Who Absconds After Grant Of Bail: Madras High Court

"On breach of any of the conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law... If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S." Madras High Court, in a significant order dated 07 October 2026, while granting bail to a foreign national accused of serious offences under the POCSO Act and the Immoral Traffic (Prevention) Act, clarified that courts possess the authority to order the registration of a fresh FIR under Section 269 of the Bharatiya Nyaya Sanhita (BNS) if an accused person absconds after being released on bail.

A bench of Justice N. Ramesh observed that to ensure the integrity of the judicial process, trial courts must impose stringent conditions that specifically address the risk of flight.

The petitioner, a French national, was arrested and remanded to judicial custody on 11 September 2026 in connection with Crime No. 187 of 2022. The prosecution alleged that the petitioner was involved in a human trafficking and sexual exploitation racket involving a minor victim. While the trial against other co-accused had already progressed, the case against the petitioner was split up, and he subsequently surrendered before the trial court.

The primary legal issue before the court was whether, given the petitioner's nationality and the gravity of the offences, bail could be granted subject to conditions that effectively prevent him from absconding. The court also examined the procedural mechanism for ensuring the accused's presence during the trial under the new legal framework provided by the BNS.

The Court noted that while the petitioner had been in custody since his surrender, the risk of a foreign national absconding remained a significant concern for the prosecution. To balance the personal liberty of the accused with the necessity of ensuring his presence for trial, the court mandated strict conditions.

Ensuring Compliance Through Stringent Bail Conditions

The court emphasized that the grant of bail is subject to strict adherence to the judicial process. By citing the Supreme Court’s precedent in P.K. Shaji vs. State of Kerala, the court held that trial courts are fully empowered to enforce conditions and initiate legal consequences should the accused breach the terms of his release.

Invoking Section 269 BNS for Absconding Accused

A pivotal aspect of the court's order was the explicit directive regarding the consequences of absconding. The court ruled that if the accused fails to appear or flees the jurisdiction, a fresh FIR can be registered under Section 269 of the BNS, which deals with the failure to appear in response to a proclamation or order.

"If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S."

Surrender of Passport and Movement Restrictions

Recognizing the petitioner’s status as a foreign national, the court directed the immediate surrender of his passport to the trial court. The petitioner is barred from leaving the country without express judicial permission, and he must report to the respondent police station daily until further orders.

The Madras High Court allowed the bail petition, reinforcing the principle that while bail is a rule, it is contingent upon the accused's compliance with strict regulatory conditions. The inclusion of a specific mandate to register a fresh FIR under the BNS provides trial courts with a robust legal tool to prevent absconding in high-stakes criminal proceedings.

Date of Decision: 07 October 2026