Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
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.