Summons or warrant in case of person not so present
Section 113 of the 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 in 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
If such person is not present in Court, the Magistrate shall issue in 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, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 132 Summons or warrant in case of person not so present Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer
Court's Decision & Legal Precedent
Procedural safeguards mandated under Sections 111 and 114 of the Criminal Procedure Code, 1973 are essential protections against arbitrary action and undue harassment of citizens. Non-compliance with these provisions—specifically the failure to pass a preliminary order under Section 111 before issuing summons under Section 113, and the failure to serve such order along with the summons—vitiates the summons with illegality. Additionally, when the statutory six-month period for completing inquiry under Section 118(6) CrPC expires without completion and without recording special reasons, the continuation of proceedings constitutes abuse of process of court and warrants quashing under Section 482 CrPC.
On this section: Provides for issuance of summons; must be preceded by Section 111 order
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Bhukya Lokeswara Rao vs Adothu Beemudu
Court's Decision & Legal Precedent
When a Section 113 Cr.P.C. notice is challenged on the ground that some persons are juveniles, and those persons have already appeared before the magistrate and submitted their explanation, the High Court should not quash the notice outright but should remit the matter to the magistrate with a direction to expeditiously consider the explanation and the juvenile plea and pass appropriate orders according to law, thereby respecting the magistrate's authority while ensuring protection of juveniles' rights.
On this section: Power of magistrate to direct persons to execute bond for keeping the peace. The court examined whether this section can be applied to juveniles and whether the notice was validly issued.
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Hemant Saxena vs State of Rajasthan through P.p.
Court's Decision & Legal Precedent
A revisional court must hear all parties and consider all material submissions, including counter-complaints filed under Section 340 CrPC, before deciding a revision petition. Failure to do so violates the principles of natural justice and renders the order procedurally defective and liable to be set aside by the High Court under Section 482 CrPC.
On this section: Police report submitted under this section by Police Station Sindhi Camp to the Executing Magistrate
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Section 112 of the Code of Criminal Procedure provides that if the person in respect of whom such order is made is present in the Court, then the order shall be read over to him and if he so desires, the substance whereof shall be explained to him. 12. Section 113 of the Code of Criminal Procedure provides that if such person is not present in the Court, then the Magistrate shall issue a summon, requiring him to appear. 13. Section 114 of the Code of Criminal Procedure provides that every summons issued under Section 113 of the Code of Criminal Procedure shall be …
Questions about Section 113
What have the courts held on Section 113 of the Code of Criminal Procedure?
Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer (28 Aug 2012) is the leading judgment on this section among those set out below: Provides for issuance of summons; must be preceded by Section 111 order. Another 2 judgments on this section are set out below. They run from 2012 to 2020.
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: CRPC 113, section 113 CRPC, 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. 3 reported judgments on this section are set out on this page, beginning with Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer (28 Aug 2012).
What should I read with Section 113 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 132 (Summons or warrant in case of person not so present), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 113 of the Code of Criminal Procedure come into force?
Section 113 of the Code of Criminal Procedure, cited as CRPC 113, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.