CrPC 113→BNSS 132

CrPC 113 to BNSS 132: Summons or warrant in case of person not so present

Section 113 CrPC (1973) replaced by Section 132 BNSS (2023)

View CrPC Section 113 →View BNSS Section 132 →

CrPC 113 to BNSS 132 at a Glance

Section 113 CrPC (Summons or warrant in case of person not so present) is now Section 132 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 113 to BNSS 132?

Section 132 BNSS has the same heading and the same text as Section 113 CrPC.

CrPC 113 vs BNSS 132: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section113132
HeadingSummons or warrant in case of person not so presentSame

CrPC 113 and BNSS 132: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 113, CrPC 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.
BNSS 2023 (in force)

Section 132, BNSS 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.

When It Applies: CrPC 113 vs BNSS 132

Under CrPC 113
  1. Section 113 CrPC applies if such person is not present in Court.
  2. The Magistrate shall issue a summons requiring the person to appear.
  3. When such person is in custody, the Magistrate shall issue a warrant directing the officer in whose custody the person is to bring the person before the Court.
  4. Under the proviso, the Magistrate may issue a warrant for the arrest of the person if it appears to 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.
  5. The substance of the report or information shall be recorded by the Magistrate.
Under BNSS 132
  1. Section 132 BNSS applies if such person is not present in Court.
  2. The Magistrate shall issue a summons requiring the person to appear.
  3. When such person is in custody, the Magistrate shall issue a warrant directing the officer in whose custody the person is to bring the person before the Court.
  4. Under the proviso, the Magistrate may issue a warrant for the arrest of the person if it appears to 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.
  5. The substance of the report or information shall be recorded by the Magistrate.

Time Limits: CrPC 113 to BNSS 132

Under CrPC 113
  • Under the proviso to Section 113 CrPC, the Magistrate may at any time issue a warrant for the arrest of the person.Act text: “the Magistrate may at any time issue a warrant for his arrest”
Under BNSS 132
  • Under the proviso to Section 132 BNSS, the Magistrate may at any time issue a warrant for the arrest of the person.Act text: “the Magistrate may at any time issue a warrant for his arrest”

What CrPC 113 to BNSS 132 Means in Practice

Section 113 CrPC has no sub-sections, and maps as a whole to Section 132 BNSS. Both provide for a summons or, when the person is in custody, a warrant to bring the person before the Court, and for a warrant for arrest under the proviso where there is reason to fear a breach of the peace.

FAQs: CrPC 113 to BNSS 132

Where is Section 113 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 113 CrPC has no sub-sections, and maps as a whole to Section 132 BNSS.

Is the text of Section 132 BNSS the same as Section 113 CrPC?▼

Section 132 BNSS has the same heading and the same text as Section 113 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·