Sections 112, 113 and 114 CrPC: Procedure in Court, Summons, Warrant and Copy of Order

Sections 112, 113 and 114 of the Code of Criminal Procedure, 1973 formed part of Chapter VIII on security for keeping the peace and for good behaviour. They prescribed how an order made under Section 111 was to be communicated to the person concerned, depending on whether that person was present in Court, absent, or already in custody.

Legal position and date: This article explains the CrPC provisions as they applied before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The corresponding current provisions are Sections 131, 132 and 133 of the BNSS. For proceedings governed by the earlier Code, the CrPC text and the saving provisions should be considered according to the facts and date of the proceeding.

Context: Order under Section 111 CrPC

Sections 112 to 114 operated after a Magistrate made a written order under Section 111 CrPC. Section 111 required the order to state the substance of the information received, the amount of the bond, the period for which it would remain in force, and the required sureties. Sections 112 to 114 then dealt with communication of that order and securing the person's appearance.

Section 112 CrPC: Procedure in respect of person present in Court

Meaning: Where the person against whom the Section 111 order was made was already present in Court, the Magistrate had to ensure that the order was communicated directly to that person. The order was to be read over, or its substance explained if the person so desired.

Statutory text: If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

This requirement ensured that a person present before the Court was informed of the substance and terms of the preventive security proceeding before the matter moved to the inquiry stage.

Section 113 CrPC: Summons or warrant when the person is not present

Meaning: If the person was not present in Court, the normal course was issuance of a summons requiring appearance. If the person was already in custody, the Magistrate could issue a warrant directing the custodial officer to bring that person before the Court.

Statutory 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. The proviso permitted an immediate arrest warrant where, on a police report or other recorded information, the Magistrate found reason to fear a breach of the peace that could not otherwise be prevented.

When could an immediate warrant be issued?

The proviso required recorded material showing reason to fear commission of a breach of the peace and a conclusion that the threatened breach could not otherwise be prevented. It therefore provided an exceptional route for immediate arrest instead of first proceeding only by summons.

Section 114 CrPC: Copy of order to accompany summons or warrant

Meaning: A summons or warrant issued under Section 113 was required to be accompanied by a copy of the written order made under Section 111. The serving or executing officer had to deliver that copy to the person served or arrested.

Statutory text: Every summons or warrant issued under Section 113 shall be accompanied by a copy of the order made under Section 111, and the copy shall be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.

The provision connected the coercive process under Section 113 with the written grounds and security requirements stated in the Section 111 order, so that the person received the order on which the summons or warrant was based.

CrPC and BNSS corresponding provisions

CrPC, 1973	Subject	BNSS, 2023
Section 111	Order to be made	Section 130
Section 112	Procedure in respect of person present in Court	Section 131
Section 113	Summons or warrant in case of person not so present	Section 132
Section 114	Copy of order to accompany summons or warrant	Section 133

The core procedural scheme of these three provisions has been carried forward in Sections 131 to 133 BNSS, with the necessary renumbering of the connected provisions. For current proceedings, readers should consult the BNSS and the applicable commencement and saving provisions.

Practical sequence under the pre-BNSS CrPC

In simple terms, the Magistrate first made the written order contemplated by Section 111. If the person was present, Section 112 required the order to be read or explained. If absent, Section 113 required a summons, or a warrant where the person was in custody, subject to the immediate-arrest proviso. Section 114 required the Section 111 order to accompany every summons or warrant issued under Section 113. The subsequent inquiry was governed by Sections 116 to 118 CrPC.

This page is an explanatory legal-information article. The applicable provision may depend on the date and nature of the proceeding and on statutory saving provisions.