113
113
Summons or warrant in case of person not so present
Code of Criminal Procedure, 1973
Chapter VIII Security for Keeping The Peace and for Good Behaviour
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsSummonsWarrantArrestCourtProcedure
🗣️ Simple Explanation
What does this law say?
Section 113 of the CrPC explains what happens if a person is not in court. The Magistrate will send a summons. This tells the person to come to court. If the person is already in jail, the Magistrate will issue a warrant. This orders the jailer to bring them to court.
Why does this law exist?
This law ensures people attend court. It helps the legal process move forward. It ensures everyone has a chance to be heard.
Real-life impact
Imagine someone is accused of causing a disturbance. If they are not in court, this section ensures they are brought before the Magistrate. This helps maintain order.
What happens if you break this law?
If you ignore a summons, the police can arrest you. If the Magistrate believes there is a risk of violence, they can issue a warrant for your arrest immediately.
💡 Real Life Example
Rahul is accused of road rage. He doesn't appear in court. The Magistrate issues a summons under Section 113. If he ignores the summons, he could be arrested.
Priya is in police custody. The Magistrate needs her in court. They issue a warrant. The police must bring her to court. This ensures she can be heard.
🛡️ KNOW YOUR RIGHTS
- •Understand the summons or warrant.
- •Seek legal advice immediately.
- •Cooperate with the police.
- •Attend court as instructed.
- •If falsely accused, gather evidence.
❓ FREQUENTLY ASKED QUESTIONS
Section 113 of the CrPC deals with people not present in court. The Magistrate issues a summons or warrant. This ensures they appear. It helps the legal process. It ensures everyone has a chance to be heard. It maintains order.
Yes, if the Magistrate believes there is a risk of violence. They can issue a warrant for your immediate arrest. This is to prevent a breach of peace. It is important to cooperate with the police.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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