Section 132: Summons or Warrant in Case of Person Not Present

Overview

Section 132 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with the procedure a court follows when a person who is required to give security for keeping the peace or for good behaviour does not appear before the court.

Purpose of the Provision

Sometimes, a court needs a person to provide a bond (security) to ensure they maintain peace or behave well. If that person doesn’t show up in court, this section allows the court to still proceed and ensure the security is obtained. It prevents someone from avoiding their responsibility to maintain peace.

Step-by-Step Procedure

• Step 1 – Court’s Action: If the person required to give security doesn’t appear, the court can issue either a summons or a warrant. A summons asks the person to appear, while a warrant authorizes the police to arrest them.
• Step 2 – Execution of Summons/Warrant: If a summons is issued, it’s served on the person. If a warrant is issued, the police must execute it and bring the person before the court.
• Step 3 – Security Obtained: Once the person appears (either voluntarily or after arrest), the court will proceed to take the necessary security (bond) from them. There is no specific timeline mentioned in the section itself, but the court should act promptly.

Rights and Safeguards

• Right to be Informed: The person must be informed of the reasons why security is being demanded.
• Right to Legal Representation: The person has the right to consult and be represented by a lawyer.
• Judicial Review: The issuance of a warrant is subject to judicial review. The court must be satisfied that there is sufficient reason to believe the person will not appear voluntarily.
• Production Before Magistrate: If arrested under a warrant, the person must be produced before a Magistrate without unnecessary delay.

Practical Examples

• Example 1: A person is involved in a dispute with a neighbour. The court asks the person to provide a bond to ensure they don’t harass the neighbour. If the person doesn’t appear in court on the scheduled date, the court issues a summons. If the person then appears, the court takes the bond.
• Example 2: A person is accused of making threatening statements. The court orders them to provide security for good behaviour. The person repeatedly fails to appear. The court, after considering the seriousness of the allegations, issues a warrant for their arrest.

Difference from Old CrPC Provision (if applicable)

The BNS largely mirrors the provisions of Section 118 of the Criminal Procedure Code (CrPC) regarding security for keeping the peace. There are no significant changes in the core procedure outlined in Section 132 compared to the previous CrPC provision.

Key Takeaways

Remember that Section 132 allows courts to enforce security requirements even if a person doesn’t initially appear. A summons is the first step, but a warrant can be issued if the person continues to be absent. Individuals have the right to be informed, seek legal advice, and be produced before a Magistrate if arrested.