सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 132

Summons or warrant in case of person not so present

Why this exists

This provision is part of the procedural machinery courts use to make sure a person involved in certain proceedings (commonly security-for-peace or good-behaviour type cases) actually appears before the Magistrate. It gives two tracks depending on whether the person is free (summons) or already in custody (warrant to produce them), while the proviso balances individual liberty against urgent public-safety needs by allowing quick arrest when there's a genuine, documented fear of imminent breach of peace.

Common misconceptions
  • Myth: The Magistrate can arrest anyone instantly without any reason, just by suspecting future trouble.
    Fact: The law requires the Magistrate to first receive a police report or reliable information, record its substance, and be satisfied that immediate arrest is the only way to stop an actual, imminent breach of peace — it's not an unchecked power.
  • Myth: A summons and a warrant are used interchangeably depending on the Magistrate's mood.
    Fact: The choice depends on the person's status: a summons is for someone who is free, while a warrant to a custodian is used only when the person is already in custody elsewhere.