Section 113 CrPC: Summons or warrant in case of person not so present

Code of Criminal Procedure, 1973

Section 113 CrPC at a Glance

Section 113 CrPC deals with summons or warrant in case of person not so present. From 1 July 2024 it is replaced by Section 132 BNSS.

Now BNSS

Section 132 →

What Section 113 CrPC Says

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.

Source: Section 113, Code of Criminal Procedure, 1973

Section 113 CrPC in Simple Words

Section 113 of the Code of Criminal Procedure, 1973 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 113 CrPC Applies

  • Section 113 CrPC 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 113 CrPC

  • 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”

Example of Section 113 CrPC

An order is made in respect of Lakshman, and Lakshman is not present in Court. Under Section 113 CrPC, the Magistrate shall issue a summons requiring Lakshman to appear. If Lakshman is in custody, the Magistrate shall issue a warrant directing the officer in whose custody Lakshman is to bring Lakshman before the Court.

When Section 113 CrPC Does Not Apply

  • Section 113 CrPC 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 112 CrPC.
  • The proviso to Section 113 CrPC 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 151 CrPC.

Section 113 CrPC Under BNSS 132: What Changed

Section 113 CrPC is now covered under Section 132 BNSS.

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

View detailed comparison (CrPC 113 vs BNSS 132) →

FAQs on Section 113 CrPC

When shall the Magistrate issue a summons under Section 113 CrPC?▼

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 113 CrPC 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 113 CrPC?▼

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.

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. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·