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Section 132 - Summons or warrant in case of person not so present | The Bharatiya Nagarik Suraksha Sanhita, 2023 vs Code of Criminal Procedure Act, 1973 | LawFinder

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The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 132Code of Criminal Procedure Act, 1973 Section 113

The Bharatiya Nagarik Suraksha Sanhita, 2023

Section 132

Summons or warrant in case of person not so present

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The Bharatiya Nagarik Suraksha Sanhita, 2023

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.

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Code of Criminal Procedure Act, 1973

Section 113

Summons or warrant in case of person not so present

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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.

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132. Summons or warrant in case of person not so present.