BNSS Section 132: on Summons Or Warrant In Case Of Person Not So Present
The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita (BNSS) for the CRPC section you mentioned is not a single section, but a combination of provisions dealing with summons, warrants, and arrest. The BNSS has reorganized and renumbered the sections, and the specific provisions are spread across multiple sections.
Key Provisions in BNSS:
- Section 157: This section deals with the issuance of summons to a person who is not present in court. The Magistrate may issue a summons requiring the person to appear before the court.
- Section 158: This section deals with the issuance of warrants for the production of a person in custody. When a person is in custody, the Magistrate may issue a warrant directing the officer in whose custody the person is to bring them before the court.
- Section 160: This section empowers the Magistrate to issue an arrest warrant when there is reason to fear a breach of the peace that cannot be prevented otherwise than by immediate arrest. This provision mirrors the CRPC section you mentioned.
Explanation: on Summons Or Warrant In Case Of Person Not So Present
The BNSS, like the CRPC, aims to ensure that individuals accused of offenses appear before the court. The provisions mentioned above provide the legal framework for summoning and bringing individuals into court. The BNSS has retained the essence of the CRPC section, empowering the Magistrate to issue arrest warrants in situations where there is an imminent threat of a breach of the peace.
Illustration:
Consider a situation where a person is suspected of threatening violence against another individual. In such a case, the Magistrate, based on a police report or other reliable information, could issue an arrest warrant under Section 160 of the BNSS to prevent the potential breach of the peace.
Common Questions and Answers: on Summons Or Warrant In Case Of Person Not So Present
- Q: What are the grounds for issuing an arrest warrant under Section 160 of the BNSS?A: The grounds for issuing an arrest warrant under Section 160 of the BNSS are the presence of a reasonable fear of a breach of the peace and the inability to prevent such a breach without immediate arrest.
- Q: Can the Magistrate issue an arrest warrant without any information or evidence?A: No, the Magistrate must have some reliable information or evidence to support the fear of a breach of the peace. The Magistrate will need to record the substance of the information used to justify the issuance of the warrant.
- Q: What are the legal rights of a person arrested under Section 160 of the BNSS?A: A person arrested under Section 160 of the BNSS has several legal rights, including the right to be informed of the reasons for their arrest, the right to be produced before a Magistrate within a specified time frame, and the right to legal representation.
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