CrPC Section 113: Summons or warrant in case of person not so present
Code of Criminal Procedure, 1973 · Chapter 8: Security for keeping the peace and for good behavior
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 106. Security for keeping the peace on conviction
- 107. Security for keeping the peace in other cases
- 108. Security for good behaviour from persons disseminating seditious matters
- 109. Security for good behaviour from suspected persons
- 110. Security for good behaviour from habitual offenders
- 111. Order to be made
- 112. Procedure in respect of person present in Court
- 114. Copy of order to accompany summons or warrant
- 115. Power to dispense with personal attendance
- 116. Inquiry as to truth of information
- 117. Order to give security
- 118. Discharge of person informed against
- 119. Commencement of period for which security is required
- 120. Contents of bond
- 121. Power to reject sureties
- 122. Imprisonment in default of security
- 123. Power to release persons imprisoned for failing to give security
- 124. Security for unexpired period of bond