Code
If 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.
Explanation:
The BNSS, like the CRPC, aims to ensure that individuals accused of offenses appear before the court. The provisions mentioned above provide the legal framework for summoning and bringing individuals into court. The BNSS has retained the essence of the CRPC section, empowering the Magistrate to issue arrest warrants in situations where there is an imminent threat of a breach of the peace.
Illustration:
Consider a situation where a person is suspected of threatening violence against another individual. In such a case, the Magistrate, based on a police report or other reliable information, could issue an arrest warrant under Section 160 of the BNSS to prevent the potential breach of the peace.
Common Questions and Answers:
- Q: What are the grounds for issuing an arrest warrant under Section 160 of the BNSS?
A: The grounds for issuing an arrest warrant under Section 160 of the BNSS are the presence of a reasonable fear of a breach of the peace and the inability to prevent such a breach without immediate arrest.
- Q: Can the Magistrate issue an arrest warrant without any information or evidence?
A: No, the Magistrate must have some reliable information or evidence to support the fear of a breach of the peace. The Magistrate will need to record the substance of the information used to justify the issuance of the warrant.
- Q: What are the legal rights of a person arrested under Section 160 of the BNSS?
A: A person arrested under Section 160 of the BNSS has several legal rights, including the right to be informed of the reasons for their arrest, the right to be produced before a Magistrate within a specified time frame, and the right to legal representation.
