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.
Bharatiya Nagarik Suraksha Sanhita
Section 132
Summons or warrant in case of person not so present
Englishहिंदी
⚡ Quick Answer Reference: Section 132 BNSS
- Provision: Section 132 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: If a person is not in court, the Magistrate can issue a summons for them to appear or a warrant if they are in custody. The Magistrate can also issue a warrant if there's a fear of a breach of peace that can't be prevented otherwise.
Statutory Content
What does Section 132 of BNSS say?
Indian StandardSection 132, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 132 (India)
Court Pleading StandardSection 132 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/132
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 132 of BNSS mean?
Plain English Explanation
If a person is not in court, the Magistrate can issue a summons for them to appear or a warrant if they are in custody. The Magistrate can also issue a warrant if there's a fear of a breach of peace that can't be prevented otherwise.
Practical Interpretation
In practice, this section allows Magistrates to ensure individuals appear in court or are brought before the court if necessary, balancing the need for court proceedings with public safety concerns.
Core Legal Purpose
The core purpose is to provide Magistrates with the authority to compel the attendance of individuals in court while also addressing potential public order issues through the issuance of summons or warrants.
Key Legal Elements
- •The person must not be present in court.
- •The Magistrate has the discretion to issue a summons or warrant based on the circumstances.
- •The key legal test is whether there is reason to fear a breach of the peace that cannot be prevented otherwise than by immediate arrest.
- •The key exception is when the person is already in custody, in which case a warrant directs the officer to bring them before the court.
Practical Example
Practical Example of Section 132 BNSS
Rajesh is accused of a disturbance but is not present in court. The Magistrate, fearing a potential breach of peace based on a police report, decides to issue a warrant for Rajesh's arrest to ensure he appears in court and to prevent any further disturbances. This action is taken to safeguard public order and ensure the smooth proceedings of the court.
Common Questions (FAQ)
Frequently Asked Questions about Section 132 BNSS
Q: What is the punishment or consequence under Section 132 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for issuing summons or warrants.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who are required to appear in court, regardless of their status as private individuals or public entities, as long as the conditions outlined in the section are met.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather a procedural mechanism. Therefore, it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 132 BNSS
What is Section 132 of BNSS?
Section 132 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Summons or warrant in case of person not so present". In plain terms: If a person is not in court, the Magistrate can issue a summons for them to appear or a warrant if they are in custody. The Magistrate can also issue a warrant if there's a fear of a breach of peace that can't be prevented otherwise.
What is the punishment under Section 132 of BNSS?
Section 132 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 132 of BNSS bailable or non-bailable?
Whether Section 132 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 132 of BNSS?
The essential elements of Section 132 of BNSS are: The person must not be present in court.; The Magistrate has the discretion to issue a summons or warrant based on the circumstances.; The key legal test is whether there is reason to fear a breach of the peace that cannot be prevented otherwise than by immediate arrest..
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