Section 132 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 132 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedure for compelling the appearance of a person before a Magistrate when they are not present in court.
📜 Legal Provision
Section 132 states:
"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."
🔍 Key Features
Issuance of Summons or Warrant: The Magistrate is required to issue a summons to the person to appear in court. If the person is in custody, a warrant is issued to the officer in whose custody the person is, directing them to bring the individual before the court.
Immediate Arrest in Certain Circumstances: If the Magistrate, based on a police report or other information, believes that there is a risk of a breach of the peace and that such a breach cannot be prevented without the immediate arrest of the person, the Magistrate may issue a warrant for the person's arrest.
⚖️ Legal Context
Section 132 of the BNSS, 2023 corresponds to Section 113 of the Code of Criminal Procedure (CrPC), 1973. Both provisions outline the procedures for compelling the appearance of a person before a Magistrate when they are not present in court.
🧭 Practical Implications
Ensuring Presence in Court: This provision ensures that individuals who are required to appear before a Magistrate do so, facilitating the legal process.
Maintaining Public Order: The ability to issue a warrant for arrest in cases where there is a risk of a breach of the peace helps maintain public order and safety.
Legal Safeguards: The requirement for the Magistrate to record the substance of the report or information upon which the decision is based provides a safeguard against arbitrary actions.
In summary, Section 132 of the BNSS, 2023 provides a legal framework for ensuring that individuals who are required to appear before a Magistrate do so, and allows for the issuance of warrants in specific circumstances to maintain public order.
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