# The Code of Criminal Procedure Act, Section 113: Summons or warrant in case of person not so present

- Act: The Code of Criminal Procedure Act (Act 2 of 1974)
- Source URL: https://indiacode.ecourtsindia.com/code-criminal-procedure-act/section/113/

## 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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