सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 133

Copy of order to accompany summons or warrant

Why this exists

This provision comes from the 'security for keeping peace and good behaviour' scheme in Indian criminal procedure, carried forward from the old Code of Criminal Procedure (Section 113) into the Bharatiya Nagarik Suraksha Sanhita, 2023. In these preventive proceedings, a magistrate can direct a person to show cause why they should not execute a bond for good behaviour, based on an apprehension of future misconduct. Because such action can restrict a person's liberty before any crime is committed, procedural fairness demands that the person know exactly why they are being summoned or arrested. Requiring the order to accompany the summons or warrant ensures the person isn't left guessing about the allegations against them and can prepare a proper response or defence.

Common misconceptions
  • Myth: The police can serve a summons or warrant without telling the person the reason.
    Fact: The law requires the officer to hand over a copy of the original order along with the summons or warrant, so the person knows the grounds for the action.