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Section 132 BNSS: Summons or Warrant When Person Is Not Present in Court

Section 132 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the procedure to secure the presence of a person when proceedings relating to security for keeping the peace or good behaviour are initiated and that person is not already present before the Court.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and has been in force from 1 July 2024.

Bare Act Text of Section 132 BNSS

132. Summons or warrant in case of person not so present.

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.

Meaning of Section 132 BNSS

Section 132 applies where an order contemplated by Section 130 BNSS concerns a person who is not present before the Court. The provision distinguishes between a person who is at liberty and a person who is already in custody.

Situation	Procedure under Section 132
Person is not present in Court and is not in custody	The Magistrate shall issue a summons requiring the person to appear.
Person is already in custody	The Magistrate shall issue a warrant directing the officer having custody to bring the person before the Court.
Immediate arrest is necessary to prevent an apprehended breach of the peace	The Magistrate may issue an arrest warrant under the proviso, subject to the statutory conditions.

When Can the Magistrate Issue an Immediate Arrest Warrant?

The proviso creates an exception to the ordinary summons procedure. A Magistrate may issue a warrant for immediate arrest when information before the Court indicates a real reason to fear a breach of the peace and the Magistrate is satisfied that the breach cannot otherwise be prevented.

Recording requirement: Where the Magistrate relies on a police report or other information for invoking the proviso, the substance of that report or information must be recorded by the Magistrate.

The power under the proviso is therefore tied to preventive necessity. It is not merely an alternative to issuing summons in the ordinary course; the statutory conditions relating to apprehended breach of peace and the need for immediate arrest must be satisfied.

Key Requirements of Section 132

The person concerned is not present in Court.
A summons is the normal process where the person is at liberty.
If the person is already in custody, a warrant is used to secure production before the Court.
An immediate arrest warrant may be issued where a breach of the peace is feared and cannot otherwise be prevented.
The substance of the police report or other information relied upon for immediate arrest must be recorded by the Magistrate.

Relationship with Sections 130, 131 and 133 BNSS

Section 130 BNSS requires the Magistrate to make the written order setting out the substance of the information received, the amount and term of the bond, and other prescribed particulars. If the person is present in Court, Section 131 BNSS governs the procedure. If the person is not present, Section 132 applies.

Where a summons or warrant is issued under Section 132, Section 133 BNSS deals with the requirement that a copy of the order made under Section 130 accompany the summons or warrant.

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 132 BNSS substantially corresponds to Section 113 of the Code of Criminal Procedure, 1973, which dealt with summons or warrant where the person was not present before the Court. For proceedings governed by the BNSS, the current statutory reference is Section 132 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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This page is intended for legal information and reference. Application of criminal procedure may depend on the facts, date of proceedings, judicial orders and applicable saving or transitional provisions.