Summons or warrant in case of person not so present
Section 113 of Code of Criminal Procedure, 1973 deals with 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 p
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.
Section 113, Code of Criminal Procedure, 1973 (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 113
What does Section 113 of the Code of Criminal Procedure deal with?
Section 113 of the Code of Criminal Procedure is headed "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 p
How do I find court cases under Section 113 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure 1973 113, section 113 Code Criminal Procedure 1973, section 113 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 113 of the Code of Criminal Procedure, and has it changed?
3 other provisions in this corpus refer back to it.
When was the Code of Criminal Procedure enacted?
Code of Criminal Procedure was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25668 words
- 320. Compounding of offences1341 words
- 164. Recording of confessions and statements1157 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1101 words
- 437. When bail may be taken in case of non-bailable offence999 words
- 220. Trial for more than one offence959 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/65ae197e-06e1-4b83-a2c4-79fffb837967.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3476c537-83fa-4339-9917-27dac92cae0d/content). This page is not a substitute for legal advice.