CrPC 113 — Summons or warrant in case of person not so present

Code of Criminal Procedure, 1973

Statutory 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  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.

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