Section 132 BNSS: Summons or warrant in case of person not so present

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 132 BNSS at a Glance

Section 132 BNSS deals with summons or warrant in case of person not so present. It replaced Section 113 CrPC on 1 July 2024.

Was CrPC

Section 113 →

Section 132 BNSS Bare Act Text

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.

Source: Section 132, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 132 BNSS in Simple Words

Section 132 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a summons or warrant in the case of a person not so present. If such person is not present in Court, the Magistrate shall issue a summons requiring the person to appear, or, when such person is in custody, a warrant directing the officer in whose custody the person is to bring the person before the Court.

Under the proviso, whenever it appears to the Magistrate, upon the report of a police officer or upon other information, 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 the arrest of the person. The substance of the report or information shall be recorded by the Magistrate.

When Section 132 BNSS Applies

  • Section 132 BNSS applies if such person is not present in Court.
  • The Magistrate shall issue a summons requiring the person to appear.
  • 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.
  • 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.
  • The substance of the report or information shall be recorded by the Magistrate.

Time Limits Under Section 132 BNSS

  • 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”

Example of Section 132 BNSS

An order is made in respect of Pradeep, and Pradeep is not present in Court. Under Section 132 BNSS, the Magistrate shall issue a summons requiring Pradeep to appear. If Pradeep is in custody, the Magistrate shall issue a warrant directing the officer in whose custody Pradeep is to bring Pradeep before the Court.

When Section 132 BNSS Does Not Apply

  • Section 132 BNSS speaks of a person who is not present in Court. It does not deal with a person who is present in Court, which is the subject of Section 131 BNSS.
  • The proviso to Section 132 BNSS speaks of a warrant issued by the Magistrate where there is reason to fear a breach of the peace. It does not deal with an arrest to prevent the commission of cognizable offences, which is the subject of Section 170 BNSS.

Section 132 BNSS in the CrPC (Previous Law)

Section 132 BNSS replaces Section 113 CrPC from the old criminal code.

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

View CrPC Section 113 →

FAQs on Section 132 BNSS

When shall the Magistrate issue a summons under Section 132 BNSS?▼

If such person is not present in Court, the Magistrate shall issue a summons requiring the person to appear.

What warrant shall the Magistrate issue under Section 132 BNSS when the person is in custody?▼

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.

When may the Magistrate issue a warrant for arrest under the proviso to Section 132 BNSS?▼

The Magistrate may at any time issue a warrant for the arrest of the person whenever it appears to the Magistrate, upon the report of a police officer or upon other information, 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.

What changed from Section 113 CrPC to Section 132 BNSS from 1 July 2024?▼

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

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·