Summons or warrant in case of person not so present
Chapter 9: Security for keeping the peace and for good behaviour
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.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 129Security for good behaviour from habitual offendersCrPC 110
- 130Order to be madeCrPC 111
- 131Procedure in respect of person present in CourtCrPC 112, 138
- 133Copy of order to accompany summons or warrantCrPC 114
- 134Power to dispense with personal attendanceCrPC 115
- 135Inquiry as to truth of informationCrPC 116