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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter IX: Security For Keeping The Peace And For Good Behaviour

Section 132 BNSS: Summons or warrant in case of person not so present

Corresponding CrPC
Section 113 CrPC

Bare Act text

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Requires the Magistrate to issue a summons for a person not present in court, or a warrant directing his production if he is in custody. A proviso lets the Magistrate issue a warrant when, on recorded information, there is reason to fear a breach of the peace that cannot be prevented otherwise than by immediate arrest.

Chapter IX: Security For Keeping The Peace And For Good Behaviour

  1. 125 Security for keeping peace on conviction
  2. 126 Security for keeping peace in other cases
  3. 127 Security for good behaviour from persons disseminating certain matters
  4. 128 Security for good behaviour from suspected persons
  5. 129 Security for good behaviour from habitual offenders
  6. 130 Order to be made
  7. 131 Procedure in respect of person present in Court
  8. 132 Summons or warrant in case of person not so present
  9. 133 Copy of order to accompany summons or warrant
  10. 134 Power to dispense with personal attendance
  11. 135 Inquiry as to truth of information
  12. 136 Order to give security
  13. 137 Discharge of person informed against
  14. 138 Commencement of period for which security is required
  15. 139 Contents of bond
  16. 140 Power to reject sureties
  17. 141 Imprisonment in default of security
  18. 142 Power to release persons imprisoned for failing to give security
  19. 143 Security for unexpired period of bond
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