Section 132 BNSS: Summons or warrant in case of person not so present (Formerly Section 113 CrPC)

Section 132 of Bharatiya Nagarik Suraksha Sanhita, 2023: Summons or warrant in case of person not so present

Official Bare Act Text

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

If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court:

Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

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

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

Legal Commentary & Landmark Judgments: Section 132

Section 132 regulates the issuance of a summons or warrant in the case of a person not present in court, mandating summons ordinarily and warrant only upon proof of imminent breach of peace.

Person Not Present: Person against whom a Section 130 order is made is absent.
Summons the Ordinary Rule: Magistrate shall issue a summons requiring them to appear.
Warrant Exception: May issue an arrest warrant only if the magistrate is satisfied on police report or information that there is imminent danger of breach of peace which cannot be averted otherwise.

Key Landmark Precedents:

Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: The Supreme Court held that issuing an arrest warrant under Section 113 CrPC (Section 132 BNSS) is an extraordinary measure; the magistrate must record specific reasons showing imminent danger.
Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1: Reaffirmed that personal liberty requires issuance of summons before resorting to coercive warrants.

Courtroom Practice & Strategic Litigation Guidance:

If the SDM issued an arrest warrant in the first instance without recording why a summons would be insufficient, challenge the warrant immediately before the High Court.