Summons or warrant in case of person not so present
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Summary
When a person required in court is absent, the magistrate may issue a summons to make them appear, or if they are in custody, a warrant directing the custodian to bring them. If a police report or other information (the substance of which the magistrate records) shows an imminent risk of breach of the peace that can only be prevented by immediate arrest, the magistrate may issue a warrant for arrest at once.
Example
Ravi is summoned to court in a tenancy dispute but does not appear. The magistrate issues a summons requiring Ravi to attend; if a police report says Ravi is likely to cause a breach of the peace and only immediate arrest can prevent it, the magistrate may record that information and issue a warrant for his arrest.
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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