Bharatiya Nagarik Suraksha Sanhita, 2023
Section 133
Copy of order to accompany summons or warrant
Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.
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.