Introduction to Section 132 BNSS / Court Action for Absentees in Preventive Cases
Section 132 BNSS is a provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS) that empowers a Magistrate to take legal action when a person required in court is not present. It allows the Magistrate to issue a summons or a warrant depending on whether the person is free or in custody. In urgent cases where there’s a risk of public disturbance, an arrest warrant can be issued immediately.
What is BNSS Section 132 ?
BNSS Section 132 explains the procedure a Magistrate must follow when a person is not present in court. The Magistrate can issue a summons if the person is free or a warrant if the person is in custody. If there’s a fear of peace being disturbed, a warrant for arrest can be issued immediately.
BNSS Section of 132 in Simple Points
1. Summons Issued When Person is Not Present in Court
If a person, against whom a preventive action is required (under Sections 126 to 129 of BNSS), is not present in court, the Magistrate has the authority to issue a summons. This summons is an official notice requiring that person to appear before the court on a specific date. The purpose is to ensure that the person is informed and given a chance to explain or respond before any further legal steps are taken.
2. Warrant Issued If Person is Already in Custody
In cases where the person is already in police or judicial custody, there is no need to issue a summons. Instead, the Magistrate can directly issue a warrant to the officer in charge of that custody. This warrant instructs the officer to bring the person to court. This process ensures the legal system does not delay preventive proceedings simply because the person is under arrest in another matter.
3. Magistrate Can Order Immediate Arrest in Emergency Situations
There may be situations where the Magistrate receives information from the police or any reliable source indicating that the person poses a serious threat to public peace. If the Magistrate is convinced that no other method can prevent the disturbance of peace, he may directly issue a warrant for immediate arrest. This is an emergency power granted to the Magistrate to prevent crimes or violence before they happen.
4. Requirement to Record Reason for Immediate Arrest
Before issuing such an emergency arrest warrant, the Magistrate must record the substance of the police report or the information received. This step is very important because it provides legal justification for the Magistrate’s decision. It also ensures transparency and accountability, so that the arrest is not seen as arbitrary or without cause.
5. The Section Acts as a Preventive Measure to Maintain Peace
The main goal of BNSS Section 132 is not punishment, but prevention. It allows the legal system to act before any public disturbance happens. This section gives the Magistrate the power to intervene at the right time, ensuring that law and order are maintained, especially when there’s credible threat of violence or public disruption.
Section 132 of BNSS Overview
BNSS Section 132 deals with the legal procedure when a person is absent from the court in preventive action cases. The Magistrate may issue a summons or warrant depending on the person’s availability. If there’s a serious threat to peace, the Magistrate can order immediate arrest based on police or other credible reports.
10 Key Points – BNSS Section 132
1. Authority to Issue Summons
When a person is not present in court, and proceedings under Sections 126–129 are being taken, the Magistrate can issue a summons. This legal notice requires the person to appear in court on a specified date. This is the first and softest legal step, as it gives the person an opportunity to appear voluntarily. It reflects fairness in procedure and avoids unnecessary use of force.
2. Warrant for Person in Custody
If the person is already in custody, the Magistrate need not issue a summons. Instead, a warrant is issued, instructing the officer in charge of custody to bring the person before the court. This helps ensure that preventive actions are not delayed and that legal formalities are followed without waiting for the person’s voluntary presence.
3. Emergency Arrest Without Summons
If the Magistrate receives credible police information or other evidence indicating that the person may cause a breach of peace, and this cannot be prevented by normal means, the Magistrate can issue a warrant for immediate arrest. This is an exceptional power used only when there is an urgent need to prevent harm to public order or safety.
4. Police Report Must Be Recorded
Before such an emergency warrant is issued, the Magistrate must record the substance of the police report or any other information received. This record serves as official justification for the arrest. It protects the legal system from accusations of misuse of power and ensures transparency in preventive measures.
5. Role of Magistrate in Preventive Justice
This section gives the Magistrate an important role in preventive justice. The purpose is not to punish, but to prevent a potential disturbance. The Magistrate uses this section to assess risk and act wisely before any actual offense is committed, helping maintain law and order proactively.
6. Reasonable Belief of Threat Is Essential
The Magistrate cannot arrest someone just based on vague suspicion. There must be a reasonable belief—based on a report or solid information—that the person may commit an act that threatens public peace. The Magistrate’s actions must be backed by logic, facts, and the urgency of the situation.
7. Respecting Legal Rights and Procedure
Even though this section allows quick action, it must still follow legal procedure. The issuance of a summons or warrant must be formally documented, and the person must be brought before the court in a lawful manner. This ensures that the person’s basic legal rights are respected.
8. Flexibility Based on Situation
BNSS Section 132 offers flexibility—depending on whether the person is available, in custody, or likely to disturb the peace. The Magistrate can act accordingly using either a summons, a custody warrant, or an emergency arrest warrant. This adaptability makes the law practical and effective in different real-world situations.
9. Preventive Law, Not Punitive Law
This section is part of preventive law, which is meant to stop crimes before they happen, unlike punitive laws that deal with punishment after a crime. It is about taking timely, thoughtful action to keep society safe, especially when tensions or conflicts are expected.
10. Helps Maintain Peace in Society
By using Section 132 wisely, the court and law enforcement can avoid public unrest, fights, or violence. It becomes a tool for maintaining peace and stability, especially in areas where conflicts may arise due to political rallies, land disputes, or community tensions. It’s a peaceful solution to potential chaos.
Example 1: Political Rally Threat
A local political leader was organizing a rally in a sensitive area with a history of violence. The police submitted a report to the Magistrate, stating that the leader’s speech could provoke a riot. The leader was not present in court, so the Magistrate issued a summons under Section 132. When the leader ignored the summons, an arrest warrant was issued as a preventive measure.
Example 2: Land Dispute Leading to Conflict
Two villagers were involved in a heated land dispute. The police reported to the Magistrate that one of them was gathering a group to forcibly occupy the land. The person was already in custody for a separate case. The Magistrate issued a warrant to bring the person to court under Section 132 to prevent a breach of peace.
Section 132 of BNSS Short Information
| Point No. | Key Point | Explanation |
|---|---|---|
| 1 | Person not present in court | Magistrate can issue a summons to call the person to court. |
| 2 | Person already in custody | Magistrate can issue a warrant to bring them before the court. |
| 3 | Danger to peace | Magistrate can issue arrest warrant without summons in urgent situations. |
| 4 | Based on police or reliable report | Magistrate must note down the reason before issuing the warrant. |
| 5 | Focus on public safety | Helps in preventing crimes or breach of peace before it happens. |
Why BNSS Section 132 is Needed?
- To Handle Absentees in Preventive Cases:
Many times, people who are ordered to appear in preventive action cases (like those under Section 126 to 131) avoid coming to court. BNSS Section 132 ensures the court has a legal mechanism to call or bring such people by issuing a summons or warrant. - To Maintain Public Order and Peace:
If there’s a fear of violence or breach of peace, and the person’s immediate presence is necessary, the Magistrate can quickly arrest the person without waiting for a court appearance. This helps prevent trouble before it happens. - To Strengthen Preventive Justice:
BNSS 132 supports the idea of preventive justice—acting before a crime or disruption occurs. It gives Magistrates the power to take quick and lawful steps to stop potential threats. - To Ensure Legal Authority is Respected:
Sometimes people ignore the court’s authority. This law shows that skipping court has consequences, and the system can still take action, making sure that justice is not hindered. - To Protect Society from Immediate Threats:
If someone is planning or likely to create public disturbance, and police reports confirm it, the Magistrate can arrest the person instantly. This gives the law a proactive power to avoid harm to society.
BNSS Section 132 FAQs
BNSS 132
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