Section 132 – Summons or Warrant in Case of Person Not So Present

Introduction

Section 132 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure to be followed when a person against whom an order under Section 130 has been made is not present in Court.

The provision empowers the Magistrate to issue a summons requiring the person to appear before the Court. Where the person is already in custody, the Magistrate may issue a warrant directing the officer having custody of that person to bring them before the Court.

Section 132 therefore provides the mechanism for securing the appearance of a person so that preventive proceedings for security for keeping the peace or for good behaviour can continue.

Meaning of Section 132

Section 132 applies where the person against whom proceedings have been initiated under the relevant provisions of Chapter IX is not present before the Magistrate.

In such a situation, the Magistrate cannot proceed in the same manner as under Section 131, which applies when the person is present in Court.

Instead, Section 132 provides for the issue of appropriate process to secure the person’s appearance.

The provision therefore deals with the practical problem of bringing an absent person before the Magistrate for the continuation of preventive proceedings.

Object and Purpose

The main purpose of Section 132 is to ensure the presence of the person against whom preventive security proceedings have been initiated.

Its objectives are:

• to secure the appearance of an absent person before the Magistrate;
• to ensure that the person is informed of the proceedings;
• to enable the person to participate in the proceedings;
• to prevent preventive proceedings from becoming ineffective merely because the person is not initially present.

The provision therefore supports the procedural framework beginning with Section 130.

When Section 132 Applies

Section 132 becomes relevant when:

1. an order under Section 130 has been made;
2. the person against whom the order has been made is not present in Court; and
3. the Magistrate needs to secure that person’s appearance for the proceedings.

The provision consequently deals with the situation opposite to that covered by Section 131.

Section 131 → Person is present in Court

Section 132 → Person is not present in Court

Procedure Under Section 132

1. Person Is Not Present

The person against whom the preventive proceedings have been initiated is not present before the Magistrate.

2. Magistrate Issues a Summons

The Magistrate may issue a summons requiring the person to appear before the Court.

The summons is the ordinary process for securing the appearance of a person who is not present.

3. Warrant Where Appropriate

Where the circumstances covered by the provision apply, the Magistrate may issue a warrant.

The warrant may be directed to the officer in whose custody the person is, requiring that officer to produce the person before the Magistrate.

4. Person Is Brought Before the Magistrate

Once the person is produced or appears before the Magistrate, the preventive proceedings can continue according to the applicable provisions of Chapter IX.

The person must then be dealt with according to the safeguards and procedure prescribed by the BNSS.

Section 132 and Section 130

Section 130 is the foundation of the proceedings.

Under Section 130, the Magistrate makes a written order containing the substance of the information received and the proposed terms of security.

Where the person is not present, Section 132 provides the mechanism for bringing that person before the Magistrate.

The sequence can therefore be understood as:

Section 130 → Written order

Section 132 → Summons or warrant to secure appearance

Section 135 → Inquiry into the truth of information

Section 136 → Final order to give security

Section 132 and Section 131

Sections 131 and 132 deal with two different factual situations.

Section 131	Section 132
Person is present in Court	Person is not present in Court
Magistrate proceeds with the person before the Court	Magistrate uses summons or warrant to secure appearance
No process is required merely to bring the person before the Court	Process may be issued to secure appearance
Connected with the procedure for a person already present	Connected with securing appearance of an absent person

This distinction is important because the Magistrate must use the procedure appropriate to the person’s actual situation.

Section 132 and Section 133

Section 133 provides an additional safeguard concerning the summons or warrant issued under Section 132.

A copy of the order made under Section 130 is required to accompany the summons or warrant.

This is significant because the person should know the substance of the order and the basis of the preventive proceedings.

The relationship between the provisions can therefore be understood as:

Section 130 → Order

Section 132 → Summons or warrant

Section 133 → Copy of order to accompany summons or warrant

Importance of the Copy of the Order

The requirement under Section 133 is important for procedural fairness.

The person against whom preventive proceedings have been initiated should not simply be brought before the Magistrate without knowing why they are required to appear.

Providing a copy of the Section 130 order allows the person to understand:

• the substance of the information;
• the proposed amount of the bond;
• the proposed period of the bond; and
• the number, character and class of sureties required, if any.

Thus, Section 132 should be read together with Section 133.

Section 132 and Personal Liberty

A summons or warrant issued under Section 132 can affect the liberty of the person concerned.

For this reason, the power must be exercised strictly according to the statutory framework.

The provision is not intended to punish a person for an offence. Its purpose is to secure the person’s appearance in preventive proceedings.

The person remains entitled to contest the proceedings through the procedure prescribed by the BNSS.

Section 132 and Preventive Proceedings

Section 132 is part of the preventive security framework under Chapter IX.

The provisions of this chapter allow an Executive Magistrate to take preventive action in circumstances involving:

• security for keeping the peace;
• suspected persons;
• habitual offenders; and
• other persons falling within the statutory categories.

Section 132 does not itself determine whether the person should ultimately furnish security.

It merely provides the process for securing the person’s presence where the person is absent.

Section 132 and Final Security Order

A summons or warrant under Section 132 does not mean that the person will necessarily be ordered to furnish security.

After the person appears or is brought before the Magistrate, the proceedings continue according to law.

The Magistrate must conduct the inquiry required under Section 135.

If the information is established and the statutory requirements are satisfied, the Magistrate may make an order under Section 136 requiring security.

If the information is not established, the person may be discharged under Section 137.

Therefore:

Summons or warrant ≠ final security order.

Example

Suppose an Executive Magistrate receives information that X falls within the category of habitual offenders under Section 129.

The Magistrate makes an order under Section 130 requiring X to show cause why X should not be ordered to furnish security for good behaviour.

X is not present before the Magistrate.

In such a situation, Section 132 becomes applicable. The Magistrate may issue the appropriate summons or warrant to secure X’s appearance.

A copy of the Section 130 order is then supplied along with the process as required by Section 133.

After X appears before the Magistrate, the proceedings continue according to the BNSS, including the inquiry into the truth of the information.

Section 132 and CrPC

Section 132 BNSS substantially corresponds to Section 113 of the Code of Criminal Procedure, 1973.

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 113	Section 132
Subject	Summons or warrant in case of person not so present	Summons or warrant in case of person not so present
Purpose	Secure appearance	Secure appearance
Nature	Procedural	Procedural
Connected provision	Section 111	Section 130

The BNSS therefore substantially retains the earlier procedural framework while renumbering the provision.

Constitutional Connection

Article 14

The power to issue summons or warrant must be exercised according to law and cannot be used arbitrarily.

Article 21

Because a warrant may affect personal liberty, the procedure prescribed by law must be followed carefully.

The person must also be given an opportunity to contest the underlying preventive proceedings.

Principles of Natural Justice

The requirement of communicating the Section 130 order through Section 133 supports the person’s ability to understand and respond to the proceedings.

Important Distinctions

Section 131 vs Section 132

Section 131 applies when the person is already present in Court.

Section 132 applies when the person is not present and their appearance must be secured.

Section 132 vs Section 133

Section 132 provides for the summons or warrant.

Section 133 requires a copy of the Section 130 order to accompany that summons or warrant.

Section 132 vs Section 135

Section 132 concerns securing the person’s appearance.

Section 135 concerns the inquiry into the truth of the information.

Section 132 vs Section 136

Section 132 is concerned with securing appearance.

Section 136 deals with the final order requiring security.

Common Confusions

Does a warrant under Section 132 mean that the person has been convicted?

No.

The warrant is a procedural mechanism for securing the person’s appearance in preventive proceedings. It is not a punishment or conviction.

Does Section 132 itself require the person to furnish security?

No.

The provision deals with securing appearance. The final decision regarding security is governed by the subsequent provisions.

What happens after the person appears?

The Magistrate proceeds with the preventive proceedings according to the BNSS, including the inquiry under Section 135.

Why is a copy of the Section 130 order important?

It informs the person about the substance of the information and the proposed security requirements. Section 133 requires the copy to accompany the summons or warrant.

Is Section 132 the same as Section 113 CrPC?

Substantially, yes.

Section 132 BNSS corresponds to Section 113 CrPC and retains the basic procedure for securing the appearance of a person who is not present.

Topic at a Glance

Point	Position
Topic	Summons or warrant in case of person not so present
BNSS Section	Section 132
Corresponding CrPC provision	Section 113
Nature	Procedural
Applies when	Person is not present in Court
Main purpose	Secure appearance
Preceding provision	Section 130
Related provision	Section 133
Subsequent inquiry	Section 135
Final security order	Section 136
Discharge	Section 137

Quick Revision

• Section 132 BNSS deals with a person who is not present in Court during preventive security proceedings.
• It operates after an order under Section 130 has been made.
• The Magistrate may issue a summons or warrant to secure the person’s appearance.
• Section 131 applies where the person is present, while Section 132 applies where the person is absent.
• Section 133 requires a copy of the Section 130 order to accompany the summons or warrant.
• Section 132 does not itself impose security or establish guilt.
• After the person appears, the proceedings continue under the applicable provisions of Chapter IX.
• Section 135 provides for inquiry into the truth of the information.
• Section 136 deals with the final order to give security.
• Section 137 deals with discharge.
• Section 132 substantially corresponds to Section 113 CrPC.
• The provision must be exercised in accordance with statutory and constitutional safeguards.

ALSO READ: Section 131 – Procedure in respect of person present in Court

Conclusion

Section 132 BNSS provides the procedural mechanism for securing the appearance of a person who is not present before the Magistrate in preventive security proceedings. It enables the Magistrate to issue a summons or, where appropriate, a warrant so that the person can be brought before the Court and given an opportunity to participate in the proceedings.

The provision should not be understood as a punishment or a finding of guilt. It is only a procedural step in preventive proceedings. Once the person appears, the Magistrate must follow the subsequent statutory procedure, including the inquiry into the truth of the information, before deciding whether security for keeping the peace or good behaviour should ultimately be required.