CrPC Section 130
Section 130 CrPC – Arrest or attachment of person in order to compel appearance before a Magistrate
Text of Section 130 CrPC:
“When a person is required to appear before a Magistrate or to produce documents or things, and does not do so, the Magistrate may issue a warrant for his arrest, and for his attachment if the person is absent without sufficient cause. The Magistrate may order the person to be detained until he complies with the order.”
🔍 Explanation:
1. Purpose of Section 130
Section 130 empowers a Magistrate to compel the appearance of a person who is required to appear or produce documents/things before the court but fails to do so without sufficient cause.
This is a coercive measure to ensure compliance with court orders during an investigation or trial.
2. When does it apply?
The Magistrate has issued a notice or summons requiring a person to appear or produce certain documents or things.
The person fails to appear or produce the documents/things.
The failure is without sufficient cause.
3. What powers does the Magistrate have?
Issue a warrant for the person’s arrest.
Issue an attachment order, which means seizing the person’s property or detaining the person.
Detain the person until he complies with the Magistrate’s order.
🧑⚖️ Why is Section 130 important?
It ensures that the judicial process is not delayed or obstructed by non-cooperation.
It is a non-punitive but coercive provision aimed at compelling attendance, not punishment for contempt.
The person arrested or attached under this section can be detained only until he complies with the order (not for indefinite punishment).
🧩 Example:
Suppose a Magistrate issues a summons to a witness requiring them to appear in court or produce certain documents essential for the case.
The witness ignores the summons without a valid reason.
The Magistrate may issue a warrant under Section 130 to arrest the witness.
The witness can be detained until they appear or produce the documents as required.
✅ Summary:
| Aspect | Explanation |
|---|---|
| Purpose | To compel appearance or production of documents/things |
| Trigger | Failure to comply with summons/notice without cause |
| Powers of Magistrate | Issue warrant for arrest and attachment |
| Detention | Till compliance with order |
| Nature of Section 130 | Coercive, not punitive |
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