Summons or warrant in case of person not so present
AI Assist
Summary
When a person required in court is absent, the Magistrate must issue a summons ordering them to appear; if the person is already in custody, the Magistrate issues a warrant directing the officer holding them to bring them to court. If a police report or other information, recorded by the Magistrate, shows a real danger of breach of the peace and that only immediate arrest can prevent it, the Magistrate may issue a warrant for arrest at once.
Example
Priya was served but did not appear on the court date, so the Magistrate issued a summons requiring her to attend. On another occasion, police reported that Priya’s presence was likely to cause immediate public disorder and only arrest could prevent it, so the Magistrate issued a warrant for her arrest and directed the custody officer to bring her to court.
Bare Act
Enacted textIf 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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