Provides procedure to secure presence of a person when not present before Magistrate in preventive proceedings.
Ensures lawful initiation of security proceedings through summons or warrant.
Introduction
Section 132 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the procedure to be followed when a person against whom preventive action under Sections 125 to 129 BNSS is proposed is not present before the Magistrate. In such situations, the Magistrate may issue a summons or warrant to secure the presence of that person for the purpose of conducting security proceedings.
The provision ensures continuity of preventive jurisdiction even when the concerned individual is absent.
Objective of the Provision
The objectives of Section 132 BNSS are
- to secure presence of persons against whom preventive proceedings are initiated
- to ensure lawful commencement of security proceedings
- to empower Magistrates to issue summons or warrants when necessary
- to prevent anticipated breaches of peace through timely intervention
The provision supports effective exercise of preventive powers.
Meaning / Concept
Summons in Preventive Proceedings
A summons is a written direction issued by the Magistrate requiring the person concerned to appear before the Court at a specified time and place to respond to preventive proceedings.
It is generally issued where voluntary appearance is expected.
Warrant in Preventive Proceedings
A warrant may be issued where immediate presence of the person is necessary or where there is reason to believe that the person may not comply with a summons.
This ensures effective enforcement of preventive jurisdiction.
Detailed Explanation of the Section
Section 132 BNSS provides that
- when a Magistrate considers it necessary to proceed under Sections 125 to 129 BNSS
- and the person concerned is not present before the Court
- the Magistrate shall issue a summons requiring appearance
However
- if the Magistrate has reason to believe that immediate arrest is necessary
- or that the person is unlikely to obey the summons
- the Magistrate may issue a warrant for arrest instead of summons
Key features include
- applicability where person is absent from Court
- preference for summons in ordinary circumstances
- power to issue warrant in appropriate cases
- discretionary authority based on necessity and urgency
These safeguards ensure balanced exercise of preventive jurisdiction.
Procedure or Legal Framework
The procedural framework under Section 132 BNSS generally includes
- receipt of information justifying preventive proceedings
- preparation of written order under Section 130 BNSS
- determination that the person is not present before Court
- issuance of summons requiring appearance
- issuance of warrant where justified by circumstances
- continuation of proceedings upon appearance of the person
This ensures lawful initiation of preventive proceedings.
Judicial Interpretation
Courts have emphasized that issuance of warrants in preventive proceedings must be justified by necessity and supported by reasons.
In Madhu Limaye v. Sub-Divisional Magistrate, Monghyr (1970) 3 SCC 746, the Supreme Court held that preventive jurisdiction must be exercised cautiously and in accordance with statutory safeguards.
In Ram Narain Singh v. State of Bihar AIR 1972 SC 2225, the Court observed that procedural requirements governing security proceedings must be strictly followed.
In Gopalanachari v. State of Kerala AIR 1981 SC 674, the Supreme Court reiterated that preventive proceedings affecting liberty require strict compliance with statutory provisions.
These decisions reinforce the safeguards incorporated under Section 132 BNSS.
Importance of the Provision
Section 132 BNSS is important because
- it enables initiation of preventive proceedings in absence of the person concerned
- it ensures lawful securing of attendance before Magistrate
- it balances use of summons and warrants appropriately
- it strengthens preventive mechanisms against anticipated offences
The provision plays a vital role in maintaining effectiveness of preventive jurisdiction.
Connection with Other Sections
Section 132 BNSS operates alongside related preventive provisions
- Section 125 BNSS – Security for keeping peace on conviction
- Section 126 BNSS – Security for keeping peace in other cases
- Section 127 BNSS – Security for good behaviour from persons disseminating certain matters
- Section 128 BNSS – Security for good behaviour from suspected persons
- Section 129 BNSS – Security for good behaviour from habitual offenders
- Section 130 BNSS – Order to be made
- Section 131 BNSS – Procedure in respect of person present in Court
Corresponding Provision under Old Law
Section 132 BNSS corresponds to Section 113 of the Code of Criminal Procedure, 1973.
Illustrative Example
An Executive Magistrate receives credible information that a person is likely to incite violence during a public gathering but the individual is not present before the Court. The Magistrate issues a summons requiring appearance. Considering urgency and likelihood of non-compliance, the Magistrate later issues a warrant to secure attendance. This action is valid under Section 132 BNSS.
Conclusion
Section 132 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers Magistrates to issue summons or warrants where the person concerned is not present before the Court in preventive security proceedings. By ensuring lawful securing of attendance, the provision strengthens the effectiveness of preventive jurisdiction in maintaining public order.
