What does Section 113 CrPC provide?
Section 113 CrPC, titled "Summons or warrant in case of person not so present", governs the procedure when a person against whom a preliminary security order has been made is not present in court. The equivalent provision under the current BNSS is Section 132. It belongs to the chapter on security for keeping the peace and for good behaviour.
Statutory rule under Section 132 BNSS
If the person is absent from court, the Magistrate shall issue a summons requiring appearance. Where that person is already in custody, the Magistrate shall issue a warrant directing the custodial officer to produce the person before the court.
Proviso: If a police report or other information, the substance of which is recorded by the Magistrate, shows reason to fear a breach of the peace that cannot be prevented except by immediate arrest, the Magistrate may issue an arrest warrant at any time.
This is a plain-language restatement of Section 132 BNSS. Consult the official statutory text for precise wording.
When may the Magistrate issue a summons or warrant?
1. Summons where the person is not present
Ordinarily, a person who is not present before the Magistrate must be summoned to appear. The process follows a written preliminary order setting out the basis for requiring security.
2. Production warrant where the person is in custody
When the person is already detained in lawful custody, the Magistrate directs the officer having custody to produce that person before the court. This is distinct from issuing a fresh arrest warrant against a person at liberty.
3. Immediate arrest to prevent breach of peace
An urgent arrest warrant is an exception. The Magistrate must have information indicating a risk of breach of peace, record the substance of that information, and be satisfied that immediate arrest is necessary because the threatened breach cannot otherwise be prevented. Mere absence does not by itself establish those exceptional grounds.
Procedural safeguards and connected provisions
- Section 130 BNSS (Section 111 CrPC): requires a written order setting out the substance of the information, bond amount, duration and surety particulars, if any.
- Section 131 BNSS (Section 112 CrPC): requires the order to be read or explained to the person if present in court.
- Section 133 BNSS (Section 114 CrPC): requires a copy of the preliminary order to accompany the summons or warrant and to be delivered to the person concerned.
- Section 134 BNSS (Section 115 CrPC): permits the Magistrate, for sufficient cause, to dispense with personal attendance and allow appearance through an advocate.
- Section 135 BNSS (Section 116 CrPC): provides for inquiry into the truth of the information underlying the proposed security requirement.
Practical legal significance
The provision is part of preventive proceedings, not a finding of guilt for a substantive criminal offence. A summons or warrant secures appearance for further proceedings. Any eventual requirement to furnish security must follow the applicable statutory procedure and inquiry.
A person receiving a summons should examine the accompanying written order and appear as directed or seek appropriate legal relief. Where an immediate arrest warrant has been issued, the recorded reasons and statutory conditions are material to assessing its legality.
Frequently asked questions
Which BNSS section replaces Section 113 CrPC?
Section 132 BNSS corresponds to Section 113 CrPC and addresses summons or warrants when the person concerned is not present in court.
Can a warrant be issued without first issuing a summons?
The proviso permits an immediate arrest warrant where the Magistrate records information establishing a feared breach of peace that cannot otherwise be prevented. This is a specific statutory exception, not a general power to arrest merely because the person is absent.
Must the person receive the preliminary order?
Yes. Section 133 BNSS requires a copy of the order made under Section 130 to accompany the summons or warrant and be delivered during service or execution.
Official legal references
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 - official government PDF (BPR&D) and consult the India Code legislative database for the applicable statutory text and amendments. The CrPC remains relevant where saved proceedings or transitional provisions apply.
Last reviewed: 17 October 2026. This article provides general legal information and is not a substitute for advice on particular proceedings.