CRPC §113 → BNSS §132
Summons or warrant in case of person not so present
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Comparison
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.
132. 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.
What changedAI-inferred
Summons or warrant in case of person not so present.
Old position
CrPC 113 is concerned with Summons or warrant in case of person not so present. Summons or warrant in case of person not so present
New position
BNSS 132 preserves the framework with drafting modernisations as required by the new code. Topic: Summons or warrant in 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
BNSS 132 (Summons or warrant in not so present.) preserves the framework of CrPC 113. BNSS 132 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 132 text: If such person is not present in Court,...
Editorial deltaAI-indicated (source-linked)
BNSS 132 (Summons or warrant in not so present.) preserves the framework of CrPC 113. BNSS 132 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 132 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 113 continues to apply. For matters from that date forward, BNSS 132 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 132 (Summons or warrant in not so present.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §113 → BNSS §132 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/113.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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