Section 132 of BNSS : Section 132: Summons or warrant in case of person not so present.

Explanation using Example

Example 1:

Scenario: Rajesh, a local shopkeeper, has been accused of threatening his neighbor, Suresh, with violence over a property dispute. Suresh files a complaint with the local police, who then report the matter to the Magistrate.

Application of Section 132:

• Step 1: The Magistrate reviews the police report and finds that Rajesh is not present in court.
• Step 2: The Magistrate issues a summons requiring Rajesh to appear in court on a specified date.
• Step 3: If Rajesh fails to appear in court on the specified date, the Magistrate may then issue a warrant for his arrest to ensure his presence in court.

Outcome: Rajesh receives the summons and appears in court on the specified date to address the allegations against him.

Example 2:

Scenario: Priya, a college student, is involved in a heated argument with her classmates, which escalates to the point where there is a real threat of physical violence. The police are called, and Priya is taken into custody to prevent any further escalation.

Application of Section 132:

• Step 1: The police report the incident to the Magistrate, highlighting the immediate threat of a breach of the peace.
• Step 2: The Magistrate records the substance of the police report and determines that the breach of peace cannot be prevented without Priya's immediate arrest.
• Step 3: The Magistrate issues a warrant directing the officer in whose custody Priya is to bring her before the court immediately.

Outcome: Priya is brought before the court without delay, and the Magistrate takes necessary actions to ensure that the peace is maintained and any potential violence is averted.