Section 133 BNSS: Copy of order to accompany summons or warrant (Formerly Section 114 CrPC)

Section 133 of Bharatiya Nagarik Suraksha Sanhita, 2023: Copy of order to accompany summons or warrant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 133

Section 133 mandates that 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 serving officer to the person served.

Mandatory Enclosure: Summons or warrant must be accompanied by a complete copy of the Section 130 order.
Delivery to Person: The serving officer must deliver the copy to the person served.
Notice of Allegations: Ensures the noticee is appraised of the grounds before arriving in court.

Key Landmark Precedents:

Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: The Constitution Bench stressed that service of the Section 112 CrPC (Section 133 BNSS) order copy is an essential element of natural justice.
Rajender Singh Pathania v. State (NCT of Delhi) (2011) 13 SCC 329: Held that non-delivery of the preliminary order copy invalidates service.

Courtroom Practice & Strategic Litigation Guidance:

If the police merely served a summons slip without attaching the Section 130 order copy, raise a preliminary objection before the SDM on the first appearance, demanding that the proceedings be halted until a complete order is formally served.