Section 133 BNSS: Copy of Order to Accompany Summons or Warrant
Section 133 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) requires every summons or warrant issued under Section 132 to be accompanied by a copy of the order made under Section 130. The serving or executing officer must deliver that copy to the person who is served with the summons or arrested under the warrant.
Bare Act Text of Section 133 BNSS
Meaning of Section 133 BNSS
Section 133 creates a mandatory procedural link between the written order made by the Magistrate under Section 130 BNSS and the summons or warrant issued under Section 132 BNSS.
The purpose is to ensure that the person against whom preventive security proceedings are being taken receives the written basis of the proceeding along with the process requiring appearance or authorising arrest.
What Must Accompany the Summons or Warrant?
| Process | Requirement under Section 133 |
|---|---|
| Summons issued under Section 132 | A copy of the order made under Section 130 must accompany the summons and be delivered to the person served. |
| Warrant issued under Section 132 | A copy of the Section 130 order must accompany the warrant and be delivered to the person arrested under it. |
Why the Copy of the Section 130 Order Is Important
Section 130 requires the Magistrate's written order to set out the substance of the information received, the amount of the bond to be executed, the period for which it is to remain in force and the number, character and class of sureties, if any, required. Supplying that order with the summons or warrant informs the person of the basis and terms of the preventive proceeding.
- The person receives the written order forming the basis of the proceeding.
- The requirement applies to every summons or warrant issued under Section 132.
- The serving or executing officer is responsible for delivering the copy.
- The provision operates together with Sections 130 and 132 of the BNSS.
Relationship Between Sections 130, 132 and 133 BNSS
These provisions form a connected sequence. Section 130 requires the Magistrate to make the written show-cause order. If the person is not present before the Court, Section 132 authorises the appropriate summons or warrant. Section 133 then requires a copy of the Section 130 order to accompany that process and to be delivered to the person concerned.
If the person is already present in Court, the procedure is governed instead by Section 131 BNSS, under which the order is to be read over or, if the person so desires, its substance explained.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 133 BNSS substantially corresponds to Section 114 of the Code of Criminal Procedure, 1973, which required a copy of the relevant order to accompany the summons or warrant. For proceedings governed by the BNSS, the current statutory reference is Section 133 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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This page is intended for legal information and reference. Application of criminal procedure may depend on the facts, date of proceedings, judicial orders and applicable saving or transitional provisions.