CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
113. Summons or warrant in case of person not so present
132. Summons or warrant in case of person not so present
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
CODE OF CRIMINAL PROCEDURE, 1973
113. 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.
Legacy / repealed by BNSS India Code — CrPC 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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.
Current law India Code — BNSS 2023